Structures in Situations. A Refresher Course

Terms of Business and Delivery:

Antiquariat BM
(Sozialinitiative Flensburger Förde e.V.)
Duburgerstr. 47
24939 Flensburg

VAT ID: DE278910079

E-mail: info@antiquariat-bm.de
Tel: (+49) 461 520 556 25
Contact person: Nils Breiheiser

General Terms of Business and Delivery

1. General Provisions – Scope of Application

2. Conclusion of Contract

3. Retention of Title

4. Payment

5. Transfer of Risk

6. Warranty

7. Limitations of Liability and Indemnification

8. Data Protection

9. Returns

10. Final Provisions

11. General Provisions – Scope of Application

1.1. The following General Terms and Conditions apply to all business relationships between us and our customers. The version valid at the time the contract is concluded shall apply.

1.2. For the purposes of these terms and conditions, "consumers" are natural persons with whom we enter into a business relationship and who cannot be attributed a commercial or self-employed professional activity. "Entrepreneurs" for the purposes of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relationships and who act in the exercise of a commercial or self-employed professional activity. "Customers" for the purposes of these terms and conditions include both consumers and entrepreneurs.

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

1. Conclusion of Contract

2.1. Our offers are non-binding and subject to the product being in stock or available for delivery on our part.

2.2. By placing an order, the customer makes a binding offer to enter into a contract. We will acknowledge receipt of the customer's order. This acknowledgment of receipt does not constitute a binding acceptance of the order. The acknowledgment of receipt may 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 of its receipt by us. We are entitled to refuse acceptance of the order—for instance, following a credit check of the customer.

1. Retention of Title

3.1. In the case of consumers, we retain ownership of the goods until the purchase price has been paid in full. In the case of business customers (entrepreneurs), we retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.

3.2. We are entitled to withdraw from the contract and demand the return of the goods in the event of conduct by the customer in breach of contract, particularly in the event of default in payment or a breach of an obligation under Sections 2 and 3 of this provision.

3.3. Business customers are entitled to resell the goods in the ordinary course of business. They hereby assign to us all claims against third parties arising from such resale in the amount of the invoice total. We accept this assignment. Following the assignment, the business customer is authorized to collect the claim. We reserve the right to collect the claim ourselves should the business customer fail to properly meet their payment obligations and fall into arrears.

1. Remuneration

4.1. The quoted price is binding. The price includes statutory VAT. In the case of mail-order sales, the price is exclusive of a flat-rate shipping fee. The customer incurs no additional costs for ordering via means of distance communication. The customer may pay the price via cash on delivery, invoice, or credit card. We reserve the right to exclude specific payment methods.

4.2. The customer undertakes to pay the price within 10 days of receipt of the service. Upon expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the monetary debt at a rate of 5% above the base interest rate. During the period of default, the business customer shall pay interest on the monetary debt at a rate of 8% above the base interest rate. In dealings with business customers, we reserve the right to prove and claim higher damages resulting from the default.

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

1. Transfer of Risk

5.1. In the case of consumers, the risk of accidental loss or accidental deterioration of the sold goods passes to the consumer upon handover of the goods, even in the case of a mail-order purchase.

5.2. In the case of business customers, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon delivery of the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. A delay in acceptance by the customer is equivalent to such delivery.

1. Warranty

6.1. Consumers have the choice of whether subsequent performance is to be effected by way of repair or replacement delivery. We are entitled to refuse the chosen method of subsequent performance if it is possible only at disproportionate cost and the alternative method of subsequent performance entails no significant disadvantages for the consumer.

In the case of business customers, we initially provide a warranty for defects in the goods, at our discretion, by means of repair or replacement delivery.

6.2. If subsequent performance fails, or is not possible due to the nature of the ordered goods, the customer may, in principle, choose to demand a reduction in price (reduction), rescission of the contract (withdrawal), or damages in lieu of performance. If the customer chooses damages in lieu of performance, the liability limitations pursuant to § 7 Clauses 1 and 2 apply. However, the customer has no right of withdrawal in the case of only minor defects.

6.3. Business customers 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 business customer bears the full burden of proof for all prerequisites for the claim, particularly regarding the defect itself, the time the defect was discovered, and the timely notification of the defect.

6.4. For consumers, the warranty period for used goods is one year from delivery of the goods; for new goods, the statutory warranty period applies. The warranty period for business customers is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods. The one-year warranty period does not apply in cases of gross negligence attributable to us, nor in cases of personal injury (harm to body or health) or loss of life attributable to us. Our liability under the Product Liability Act remains unaffected by this.

1. Limitations of Liability and Indemnification

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 or vicarious agents have acted with intent or gross negligence. Unless intent or gross negligence is involved, 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 does not apply if and to the extent that we have guaranteed specific characteristics or issued warranties. Furthermore, they do not apply to damages resulting from injury to life, body, or health, or in cases involving mandatory statutory provisions.

1. Data Protection

Privacy Policy

Provider and responsible entity within the meaning of data protection laws
Sozialinitiative Flensburger Förde e.V.

Nils Breiheiser

Duburgerstr. 47

24939 Flensburg

Scope
This privacy policy informs users about the nature, scope, and purpose of the collection and use of their data by the responsible provider.
The legal framework for data protection is provided by the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

Collection of general information
Information is automatically collected by us or the web space provider each time this service is accessed. This information—also known as server log files—is of a general nature and does not allow for any conclusions to be drawn regarding your identity. The data collected includes, among other things: the name of the website, the file, the date, the volume of data transferred, the web browser and version, the operating system, the domain name of your internet service provider, the so-called referrer URL (the page from which you accessed our service), and the IP address.
Without this data, it would be technically impossible—in some cases—to deliver and display the website's content. Consequently, the collection of this data is strictly necessary. Furthermore, we use this anonymous information for statistical purposes; it helps us optimize our services and technical infrastructure. We also reserve the right to retrospectively review the log files if there is a suspicion of unlawful use of our services.

Newsletter
If you subscribe to our newsletter, we use the data you provide exclusively for that purpose or to inform you of matters relevant to the service or your registration. We do not share this data with third parties.
A valid email address is required to receive the newsletter. We also store the IP address used to sign up for the newsletter and the date of the subscription. This data serves as evidence in the event of misuse—for instance, if a third party's email...

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