Terms & Conditions
§ 1 Preface
(1) These terms and conditions apply to all transactions, including contracts, wares and services agreed upon and provided by interDuck Kultur-Event & Marketing GmbH, Karl-Marx-Allee 114, 10243 Berlin, Germany (hereinafter called “Vendor”) via the online shop www.duckomenta-shop.com, including all sub-domains thereof. Purchaser provisions that may differ from these terms and conditions are only valid if agreed to in writing by the Vendor. Individual agreements between the Purchaser and the Vendor take precedence.
(2) The business relationship between the Vendor and the Purchaser is subject to the jurisdiction of the Federal Republic of Germany. This proper law is applicable to consumers only to the extent that it does not derogate consumer protections guaranteed by peremptory laws of the country in which the Purchaser is domiciled. Application of the U.N. CISG is excluded.
(3) German is the contractual language.
(4) The jurisdiction for all transactions is Berlin, so long as the Purchaser is a merchant or entity under public law, or specialized entity subject to public law, or is not normally subject to German jurisdiction; or if the domicile or habitual abode of the Purchaser cannot be determined at the time legal proceedings are initiated.
(5) We deliver world-wide.
§ 2 Formation and Content of Contractual Relationship
(1) Via the online shop www.duckomenta-shop.com, the Vendor offers for sale to Purchasers new merchandise, primarily art and lifestyle products, and art reproductions.
(2) A contractual relationship is formed when the Vendor accepts the Purchaser’s order for fulfilment. Prices displayed in the online shop do not constitute legally binding offers. The Purchasers will receive e-mail confirming that his or her order has been received and accepted.
The Purchaser may also submit an inquiry about a specific article of merchandise to the Vendor by telephone, e-mail, fax or letter. Upon receipt of such an inquiry, the Vendor will make the Purchaser an offer via e-mail, letter or fax. A contractual relationship is formed only when the Purchaser has accepted that offer.
(3) The text of the contract will be stored.
§ 3 Prices, Shipping & Handling Costs, VAT and Payment
(1) The prices displayed in the online shop apply to all orders placed online. All prices include the applicable VAT.
(2) Prices do not include shipping and handling. S&H costs will be displayed before the final order is placed. S&H costs vary according to the weight and dimensions of the order, and the destination. For more information, please visit http://duckomenta-shop1.jimdo.com/shop/versandkosten/.
(3) The Vendor will initiate delivery of the purchased items upon full payment in advance. The buyer may choose either PayPal or bank transfer.
ull payment is due within 7 days of purchase (formation of contractual relationship).
(4) If the buyer does not pay in full within the specified time period, the Vendor reserves the right either to demand damages as permitted by law and / or to terminate all contractual obligations.
(5) The Vendor will issue an invoice for all purchases, which will be delivered to the Purchaser upon delivery of the wares or provided to the Purchaser in text form.
§ 4 Delivery and Transfer of Risk
(1) Unless otherwise agreed upon contractually, the wares will be delivered to the address provided by the Purchaser. Deliveries will be sent from the Vendor’s storehouse.
(2) Availability of individual items is noted in the item description. Items that are in stock will be shipped within 3 business days of contract formation, unless otherwise expressly agreed upon (if payment is made by bank transfer, items will be shipped within 3 business day of receipt of payment on full). If an item is not shown as in stock in the online store, the Vendor will make every effort to ensure delivery as quickly as possible. However, estimated delivery times are not binding unless the Vendor has explicitly agreed to a specific delivery date.
(3) The Vendor reserves the right to deliver a partial order as he deems fit and so long as the partial delivery does not result in unreasonable hardship for the Purchaser. The Purchaser shall not be liable for any additional costs incurred through delivery of a partial order.
(4) The risk of accidental loss or damage of the goods is transferred to the Purchaser upon receipt of the wares. If the Purchaser is a business, the risk of accidental loss or damage of the goods, as well as the risk of delay is transferred to the Purchaser when the Vendor delivers the goods to the shipping agent, carrier or other agent designated as the shipper.
§ 5 Retention of Title
All delivered goods remain the property of the Vendor until all claims arising from the purchase contract have been fulfilled. If the Purchaser is a corporate
body under public law or a special entity subject to public law or a contractor exercising a commercial or freelance activity, all delivered goods remain the property of the Vendor, even beyond
the ongoing business relationship until all claims accruing to the Vendor from the contract have been settled.
§ 6 Offset and Possessory Lien
(1) The Purchaser has the right of offset only if his counterclaims against the Vendor have been formally recognized or established by law.
(2) The Purchaser is only entitled to the right of possessory lien to the extent that his counterclaim stems from the same contractual relationship.
§ 7 Liability for Material Defects and Defects of Title
(1) If such defects are known to exist, the Purchaser is entitled to the statutory warranty stipulated as follows:
(2) Defects that arise from improper handling by the Purchaser during the installation, connection, operation or storage of the goods do not constitute grounds for a warranty claim against the Vendor.
The Purchaser can refer to the manufacturer’s specifications for instructions in the proper handling of the goods.
(3) Purchaser must give notice to Vendor of any defects within a period of two years for new goods and one year for used goods.
These limitations of liability and curtailments do not apply if the Vendor has fraudulently concealed a defect or has issued a guarantee for the condition of the goods. These limitations of liability do not apply to claims for damages by the Purchaser relating to personal injury or damages to health caused by a defect for which the Vendor is directly responsible, or to premeditated or negligent fault by the Vendor or his employees or agents.
(4) If a defect exists and the Purchaser has asserted his contractual rights within the time allotted, the Vendor has the right of rectification. If the
rectification is unsuccessful, the Purchaser has the right to reduce the purchase price or to cancel the contract. Beyond that, all applicable statutory provisions apply.
§ 8 Reporting Requirements for Damage in Transit
If the goods are delivered with obvious damage to the packaging or contents, the Purchaser should immediately lodge a complaint with the carrier/shipping agent, without prejudice to his right to warranty (§ 7), and inform the Vendor by e-mail or other means (fax, mail) so that the Vendor can protect any rights he may have vis-a-vis the carrier or shipping agent.
§ 9 Disclaimer of Liability
(1) Beyond the scope of liability for material and legal defects, the Vendor assumes full liability for damages resulting wilfully or by negligence. The Vendor is also liable for slightly negligent infringement of contractual obligations (obligations, the injury to which jeopardizes the object of the contract) as well as breach of cardinal obligations (obligations whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the Purchaser may normally trust). Such liability shall, however, apply only to foreseeable, contractual infringement. The Vendor assumes no liability for infringement by slight negligence to any obligations other than those enumerated above.
(2) The limitations of liability in the foregoing paragraph do not apply to injury to life or health or bodily injury, nor to defects when the Vendor has assumed a guarantee for the condition of the product, nor to fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
(3) Exclusion or limitation of liability of the Vendor applies equally to personal liability of his employees, agents and assistants.
§ 10 Data Privacy
(1) The Purchaser acknowledges and consents to the Vendor’s storage on storage media of personal data that may be necessary to process the Purchaser’s order. The Purchaser expressly consents to such collection, processing and utilization of his personal data. The Vendor agrees to treat stored personal data will all due confidentiality. The collection, processing and utilization of the Purchaser’s personal data is subject to the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
(2) The Purchaser has the right to revoke his consent at any time with future effect. The Vendor is then obligated to immediately delete the Purchaser’s stored personal data. If a Purchaser’s order is still being processed, the data will be deleted after the transaction has been completed.