Boston Museum Bulletin. [Vol. LXIX]. Bos. 355 & 356

General Terms and Conditions of Business and Delivery (AGB)

1. General - Scope of application

2. conclusion of contract

3. Retention of title

4. remuneration

5. Transfer of risk

6. warranty

7. Limitation and Indemnification of Liability

8. Data protection

9. Final clauses

10. General - Scope of application

1.1 The following General Terms and Conditions apply to all business relations between us and our customers. The version valid at the time of the conclusion of the contract is decisive in each case.

1.2 Consumers within the meaning of these terms and conditions are natural persons with whom we enter into a business relationship without any commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relations and who act in the exercise of a commercial or self-employed professional activity. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.

1.3 Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

1. conclusion of contract

2.1 Our offers are subject to change and are subject to the condition that the product is still in stock or available from us.

2.2 With the order the customer bindingly declares his contractual offer. We will confirm receipt of the customer's order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.

2.3 We are entitled to accept the contractual offer contained in the order within seven working days after receipt by us. We are entitled to refuse acceptance of the order - for example after checking the creditworthiness of the customer.

3 Retention of title

3.1 In the case of consumers, we reserve title to the goods until full payment of the purchase price. In the case of entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.

3.2 We are entitled to withdraw from the contract and to demand the return of the goods in the event of the customer acting in breach of contract, in particular in the event of default in payment or in the event of a breach of an obligation pursuant to Clauses 2 and 3 of this provision.

3.3 The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

1. remuneration

4.1 The price offered is binding. The price includes the statutory value added tax. For the purchase by mail order, the price does not include a flat shipping charge. The customer does not incur any additional costs when ordering by using the means of telecommunication. The customer can pay by one of the offered payment methods. We reserve the right to exclude individual payment methods.

4.2 The customer undertakes to pay the price within 10 days of receipt of the service. After expiry of this period, the customer is in default of payment. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the base interest rate. We reserve the right to prove and assert higher default interest damages against the entrepreneur.

4.3 The customer has a right of set-off only if his counterclaims have been legally established and or have been acknowledged by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

5 Transfer of risk

5.1 In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to them when the goods are handed over, even in the case of mail order purchase.

5.2 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery of the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. The same shall apply if the customer is in default of acceptance.

1. warranty

6.1 Consumers have the choice whether subsequent performance is to take place by repair or replacement. We are entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer.

In the case of companies, we shall initially provide a warranty for defects in the goods by repair or replacement, at our discretion.

6.2 If the subsequent performance fails or if this is not possible due to the characteristics of the ordered goods, the customer may, at his discretion, demand a reduction or remuneration (reduction), cancellation of the contract (withdrawal) or damages instead of performance. If the customer chooses compensation instead of performance, the limitations of liability according to § 8 clauses 1 and 2 apply, but in the case of minor defects, the customer is not entitled to withdraw from the contract.

6.3 Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the entrepreneur.

6.4 The warranty for consumers for used goods is one year from delivery of the goods, for new goods the legal warranty period applies. The warranty period for entrepreneurs is one year from delivery of the goods. The warranty period for used goods is one year from delivery of the goods. The one-year warranty period shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer. Our liability according to the Product Liability Act remains unaffected by this.

7 Limitation and Indemnification of Liability

7.1 Except in the event of a breach of essential contractual obligations, we shall only be liable if and to the extent that our legal representatives and vicarious agents are guilty of intent or gross negligence. Unless there is intent or gross negligence, our liability is limited to the damage that was typically foreseeable at the time the contract was concluded.

7.2 The aforementioned exclusion or limitation of liability shall not apply if and to the extent that we have assured certain characteristics or given guarantees. Furthermore, they shall not apply to damages resulting from injury to life, body or health or in the event of mandatory statutory provisions.

8 Data protection

8.1 We collect, process and use the personal data of our customers solely for the purpose of proper execution of the contract within the framework of the applicable data protection laws.

8.2 We store billing data for a maximum of 6 months after sending the invoice. If objections are raised against the claims for payment or these are not paid despite a request for payment, the accounting data may be kept until the objection has been finally clarified or the claim for payment has been settled. Section 15 para. 8 Telemediengesetz (TMG) remains unaffected.

8.3 Personal data are processed for us by mediantis AG within the scope of order data management in the sense of § 9 BDSG. mediantis AG is merely a technical service provider, we are solely responsible for the data sent to us.

8.4 If and to the extent that the storage of personal data is necessary due to existing legal or tax obligations, this data will be blocked for access for purposes other than those justified by law.

9 Final clauses

9.1 The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.

9.3 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

The shipping flat rates are based on shipments with an average weight. If the book you ordered is particularly heavy or bulky, we will inform you should additional shipping costs arise.