1. Scope
The following terms and conditions apply to contracts entered into by the commercially and privately acting natural and legal persons (hereinafter referred to as “user”) at this site with its owner (hereinafter referred to as “proprietor”) (see Imprint).
In the event that the user applies his own terms and conditions, they shall be dismissed.
2. Description of services
The proprietor offers this website to the users both for the sale of 20th century design-articles on commission basis as well as their purchase.
This website is updated by the proprietor according to the latest technology. Temporary restrictions on the accessibility due to technical problems, maintenance or force majeure are inevitable and shall not amount to breach of liability.
3. Conclusion of contract
a) A purchase agreement shall be deemed to have arisen at this website, once you click on the “order” button, after you have selected goods, determined the shipping- and payment- options and have accepted the general terms and conditions including the right of revocation and have subsequently received a confirmation of your order per e-mail.
You can always revoke the entered data before the mandatory purchase by clicking on the “back” button or you can end the entire purchase transaction by closing the relevant window.
b) The commission contract for the sale of goods at this platform shall become effective, once you have filled up the form below and have received a written confirmation from the commission agent. In the event of changes and additions made by the commission agent to the offer (e.g. in terms of price or content description), the commission agreement shall become effective after you give your consent to these alterations.
c) The said contract can be concluded both in English and German.
d) The content of the agreement shall be stored by the proprietor and can be sent to the user again at any time if desired.
4. Implementation of agreement
In the event of a purchase at this website, the product shall be dispatched three days after the receipt of money.
5. Liability
a) The proprietor shall be liable to consumers only for malicious intent and gross negligence. In the event of breach of fundamental contractual obligations or the impossibility of performance by fault of the proprietor and in the event of the default of the debtor, the proprietor shall be liable for any fault.
Any liability other than that of intent or gross negligence shall be restricted in amount to the damages which were foreseeable during the conclusion of the contract.
Disclaimers and liability limitations shall not apply, if certain properties had been pledged, and neither shall they apply to damages resulting from loss of life, bodily injuries or health damage.
b) In case of entrepreneurs, the proprietor shall be liable only for malicious intent or gross negligence. This limitation shall not apply in the event of breach of fundamental contractual obligations. In case of liability other than intent or gross negligence, the liability shall be restricted to the damages foreseeable at the time of conclusion of agreement.
Disclaimers and liability limitations shall not apply, if certain properties had been pledged by the proprietor, and neither shall they apply in the event of loss of life, bodily injuries or health damages.
6. Passing of the risk
a) In the event of purchase of goods by an entrepreneur at this website, the risk of accidental loss and accidental deterioration of the goods is transferred to him as soon as the goods are handed over to person designated for carrying out the dispatch
b) If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods is transferred to him once the goods have been handed over to him.
c) In the event of default of acceptance at the user’s end, the handing-over will be same for the purchase by the consumer as well as by the entrepreneur.
7. Warranty
a) The warranty period for a consumer is one year for the used goods and 2 years for the new goods from the time of delivery.
b) The warranty period for an entrepreneur is one year from the date of delivery of the goods. However, this restriction of warranty to one year period shall not apply in the event of gross negligence or if the user suffers bodily or health damages and loss of life.
Entrepreneurs shall be obliged to report in writing any obvious deficiencies within a week from the date of delivery of goods. In case of delay, he/she shall lose the claim to warranty. Punctual dispatch shall suffice to comply with the time limit.
8. Right of revocation
a) Scope and execution
The following right of revocation shall apply to individual consumer while concluding a contract at this website:
Revocation of contract may be declared within two weeks without giving any reason in text format (e.g. by letter or e-mail) or by returning the goods. The period of revocation shall begin with receipt of this notice or – in the event of purchasing goods at this website- with the receipt of the goods. Timely dispatch of revocation notice or the goods shall be sufficient for meeting the cancellation time limit. The revocation declaration or the return consignment shall be sent to
Dr. Heide Rezepa-Zabel,
Apostel-Paulus-Str. 26.
D – 10823 Berlin
Tel. 0172.317 03 99
rezepa-zabel@design20.eu
b) Consequences of revocation
In the event of an effective revocation, the performance received by each party shall be returned and any benefit obtained shall be surrendered. The safety label attached to the product during the shipment may not to be removed or damaged. If the customer is unable to return the received performance in whole or in part or returns it in a deteriorated condition, the customer shall be obliged to pay the compensation of equal value. However this shall not apply in case of release of provision of property if the deterioration of the product results exclusively from inspecting it – as would have been possible, for example, in a shop. Otherwise the customer can avoid obligation for compensation for the value by not taking the property into use as if it were his/her own property, and by refraining from any action which would impair their value. Property which is suitable for dispatch by parcel shall be sent back. Property which is unsuitable for dispatch by parcel shall be collected from the customer.
The customer shall bear the cost of return consignment if the products delivered are same as the ones ordered and if the cost of the goods to be returned does not exceed 40 EUR or if the customer, in the event of a higher price of the goods, fails to furnish compensation or an agreed part payment at the time of revocation. Otherwise the return consignment shall be free of charge in the event of revocation.
Obligations to reimburse payments must be fulfilled within 30 days after your have sent the revocation declaration.
c) Special note
The right to cancellation shall expire if the subject of a contract is a service and the service provider begins with the execution of services before the end of cancellation period.
9. Final provisions
The contract is governed by German Law. The provisions of CISG do not apply. The contract language is German.
In the event of any dispute arising out of the contracts concluded at this website, Berlin shall be exclusive venue for jurisdiction for entrepreneurs.
In the event that individual provisions in the contract should become invalid, the validity of the other provision or contracts shall not be effected thereby. In such cases, the contracting parties shall endeavor to replace the invalid clauses by a provision that approximates most closely to the intended purpose.