Imprint
IMPRINT
Responsible:
Dr. Fabian P. Huber
Contact:
Ortlerstrasse 7
81373 Munich
Germany
E-mail: info@hieronymusrarebooks.com
Telephone: +40-89- 37 95 44 74
VAT ID:
DE274378615
General Terms and Conditions:
Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Ortlerstrasse 7
81373 Munich
Germany
E-mail: info@hieronymusrarebooks.com
Telephone: +49-89-37 95 44 74
VAT ID: DE274378615
1. General terms and conditions
1.1. The following general terms and conditions apply to all business relationships between us and our customers. Deliveries and services are provided exclusively on the basis of these terms and conditions. By placing an order, the buyer acknowledges having read the terms and conditions and accepts the content of these terms and conditions. The version valid at the time the contract is concluded is decisive.
1.2. Consumers within the meaning of the terms and conditions are natural persons with whom we enter into a business relationship without commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the 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 independent professional activity. According to the terms and conditions, customers are both consumers and entrepreneurs.
1.3. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract unless their validity is expressly approved in writing.
2. Condition of the items offered
2.1. Unless otherwise noted, all items are in a condition consistent with their age.
2.2. Minor defects are not always specifically stated, but are taken into account in the price.
3. Conclusion of contract
3.1. Our offers are non-binding and are subject to the condition that the product is still in stock or can be delivered. There is no obligation to deliver.
3.2. The customer makes a binding offer of contract order. We will confirm receipt of the customer's order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
3.3. We are entitled to accept the contract offer contained in the order within seven working days of receipt. We are entitled to refuse to accept the order - for example after checking the customer's creditworthiness.
4. Retention of title
4.1. In the case of consumers, we reserve title to the goods in accordance with § 455 BGB until the purchase price has been paid in full. In the case of entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.
4.2. We are entitled to withdraw from the contract and to demand the return of the goods if the customer breaches the contract, in particular if he is in arrears with payment or if he violates an obligation according to Sections 2 and 3 of this provision.
4.3. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized 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 defaults on payment.
5. Compensation
5.1. The offered price is binding. All prices are in euro. The price includes VAT. The dispatch of purchase, the price is plus a delivery charge. The customer can pay the price by invoice or credit card. We reserve the right to exclude individual payment.
5.2. The customer undertakes to pay the price within 14 days after receipt of the service. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the money owed at a rate of 5% above the base interest rate. During the delay, the entrepreneur has to pay interest on the money owed at a rate of 8% above the base interest rate. We reserve the right to prove and assert higher default interest damage to the entrepreneur.
5.3. The customer only has a right to offset if his counterclaims have been legally established and or have been recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
6. Passing of risk
6.1. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred to them when the goods are handed over, even in the case of mail-order sales.
6.2. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon delivery of the goods to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The handover is the same if the customer is in default of acceptance.
7. Warranty
7.1. Consumers have the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.
7.2. If subsequent performance fails or is not possible due to the nature of the goods ordered, the customer can choose to demand a price reduction or remuneration (reduction), cancellation of the contract (withdrawal) or compensation for damages instead of performance. If the customer chooses compensation for damages instead of performance, the limitations of liability according to § 8 Nos. 1 and 2 apply.
7.3. Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
7.4. The warranty for consumers is one year from delivery of the goods for used goods; the statutory warranty period applies to new goods. The warranty period for entrepreneurs 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 if we can be accused of gross negligence or in the event of bodily injury and damage to health attributable to us and loss of life of the customer. Our liability under the Product Liability Act remains unaffected.
8. Cancellation policy
8.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must tell us:
Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Ortlerstrasse 7
81373 Munich
Germany
E-mail: info@hieronymusrarebooks.com
Telephone: +49-89-37 95 44 74
VAT ID: DE274378615
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form (8.2), which is not mandatory. You can also receive the model withdrawal form or another clear statement from us as an e-mail attachment.
8.2 Form
I/we hereby revoke the contract concluded by me/us for the purchase of the following product(s) ... (name of the product(s)), ordered on ..., received on ... - Name of /the consumer(s) ... - address of the consumer(s) ... - date - signature* of the consumer(s) ...
* only if notified on paper.
If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
8.3 Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We bear the costs of returning the goods; Please do not send the goods back freight collect, please discuss with us the cheapest shipping method (standard delivery). You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
9. Limitations and indemnification of liability
9.1. Except for the breach of essential contractual obligations, we are only 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 when the contract was concluded.
9.2 The aforementioned exclusion or limitation of liability does not apply if and to the extent that we have assured certain properties or given guarantees. Furthermore, they do not apply to damage resulting from injury to life, limb or health or in the case of mandatory statutory provisions.
10. Privacy
10.1. We collect, process and use the personal data of our customers only for the purpose of proper execution of the contract.
10.2. We store billing data for a maximum of 6 months after the invoice has been sent. If objections are raised to the payment claims or if these are not paid despite a request for payment, the accounting data may be retained until the objection has been finally clarified or the payment claim has been settled. Section 6 paragraph 8 of the Teleservices Data Protection Act (TDDSG) remains unaffected.
11. Final provisions
11.1. The law of the Federal Republic of Germany. Location of execution and court is Munich. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply.
11.2. 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 is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed.
11.3. 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.