Terms of service
General Terms and Conditions of Business
Terms and conditions within the scope of purchase contracts concluded via the platform
Sparkassenstiftung Shop-GmbH Kunstmuseum Münster, Picassoplatz 1, 48143 Münster, 0251-4144716
- hereinafter referred to as the "Vendor" -
and the customers referred to in § 2 of the contract
- hereinafter referred to as the "Customer
1. Scope of Application, Definitions
The business relationship between Sparkassenstiftung Shop-GmbH Münster (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2. Conclusion of contract
The customer can select products from the provider's range and "place them in the shopping basket". By placing an order, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thereby included them in his application.
The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again. The automatic acknowledgement of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the supplier issues a declaration of acceptance, which is sent by a separate e-mail (order confirmation).
The contract shall be concluded in the German language.
3. Delivery, availability of goods
If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than four weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
4. Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
5. Prices and shipping costs
All prices stated on the website of the supplier are inclusive of the applicable statutory value added tax.
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of revocation.
The goods shall be dispatched by post. The shipping risk shall be borne by the supplier if the customer is a consumer.
In the event of a revocation, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods.
6. Payment modalities
Payment of the purchase price is due immediately upon conclusion of the contract. After receipt of the confirmation e-mail by Sparkassenstiftung Shop-GmbH Kunstmuseum Münster, the customer is obliged to pay the purchase price into the account of Sparkassenstiftung Shop-GmbH Kunstmuseum Münster. Only when a positive receipt of payment is ascertained will the ordered goods be sent to the customer by post.
7. Warranty for material defects, guarantee
The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods supplied by the supplier to entrepreneurs is 12 months.
An additional guarantee only exists for goods delivered by the supplier if this was expressly stated in the order confirmation for the respective item.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
The provisions of the Product Liability Act shall remain unaffected.
9. Cancellation policy
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the Provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal formRight of withdrawal
You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons or - if the goods are delivered to you before the deadline - also by returning the goods. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our duty to inform pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be sent to:
Sparkassenstiftung Shop-GmbH Kunstmuseum Münster
10. Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received goods and services as well as benefits (e.g. advantages of use), or if you are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the goods and for the use made of them if the use or the deterioration is due to the handling of the goods which goes beyond the examination of the characteristics and the functioning. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. - End of the cancellation policy
The supplier provides the following information on the model withdrawal form in accordance with the statutory regulations:
Model withdrawal form
(If you wish to revoke the contract, please complete and return this form).
- To Sparkassenstiftung Shop-GmbH Kunstmuseum Münster, Picassoplatz 1, 48143 Münster, email@example.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
for the purchase of the following goods (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
11. Information on data processing
The Provider collects data of the Customer within the scope of the processing of contracts. In doing so, it shall observe the provisions of the Basic Data Protection Regulation in particular. Without the customer's consent, the provider will only process the customer's inventory and usage data if a legal basis permits the processing as lawful. Further data protection information and explanations of the rights of data subjects can be found under our data protection declaration.
12. Final Provisions
The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.