General Terms and Conditions
§ 1 Application
(1) The following General Terms and Conditions (hereinafter: "GTC") apply to all business relationships between the "Museen der Stadt Dresden" (hereinafter: "the Museums") and its customers.
(2) These GTC apply exclusively. Any deviating terms and conditions of the customer shall not be recognised unless the Museums have expressly agreed to them in writing in individual cases. No verbal collateral agreements have been made.
(3) You can save the GTC and their electronic order form on your computer and/or print them out.
§ 2 Conclusion of contract
(1) The customer's contractual partner is:
Museen der Stadt Dresden
represented by the director Dr Gisbert Porstmann
Wilsdruffer Str. 2
01067 Dresden
Phone: +49-351-4887370
Fax: +49-351-4887313
Email: cornelia.buerger@museen-dresden.de
(2) Goods are only sold in normal household quantities. The presentation of the goods on our website does not constitute an offer within the meaning of § 145 BGB.
(3) By placing an order, the customer submits a binding offer within the meaning of § 145 BGB. Confirmation of receipt of the order does not constitute the conclusion of a contract. The express declaration of acceptance to the customer is not required; in this respect, the customer waives its receipt within the meaning of § 151 S. 1 BGB. If the goods are not available, the customer will be informed immediately and any payments already made will also be refunded immediately.
(4) Even after acceptance of the customer's binding offer, the museums have the right to withdraw from the purchase contract if the ordered goods are no longer available. In this case, the museums undertake to inform the customer immediately of the unavailability and to reimburse any payments made by the customer without delay.
§ 3 Delivery
(1) The museums will deliver the ordered goods to the address specified by the customer in the order at the customer's expense.
(2) Information on the expected delivery period is non-binding unless the museums have given the customer a written commitment in individual cases that is designated as binding. The delivery period is a maximum of 6 weeks from the effective date of the purchase contract.
(3) All risks and dangers of dispatch are transferred to the customer as soon as the goods have been handed over by the museums to the commissioned transport company (§ 447 BGB).
§ 4 Retention of title
Until full payment of the purchase price and the shipping costs, the ownership and all other rights to the delivered goods remain with the museums.
§ 5 Due date and payment
(1) The museums only accept payment by bank transfer. The invoice is issued with the delivery. The payment modalities stated in the invoice apply. For deliveries abroad, the Museums only accept payment in advance.
(2) If the customer is in arrears, the Museums are entitled to charge interest on arrears at a rate of 5% above the respective base rate. The right of the museums to claim higher damages remains unaffected by this, as does the right of the customer to prove lower damages.
(3) The customer is only entitled to offset if and insofar as his counterclaims have been legally established or have not been disputed by the museums.
§ 6 Cancellation policy
(1) Right of cancellation
You can cancel your contractual declaration within 2 weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The cancellation period begins at the earliest upon receipt of these instructions. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. The cancellation must be sent to:
Museums of the City of Dresden
Wilsdruffer Str. 2
01067 Dresden
Fax: 0351 / 4887313
Email: cornelia.buerger@museen-dresden.de
(2) Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived, such as interest, must be surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection, as would have been possible in a shop. In addition, you can avoid the obligation to pay compensation by not using the item as if you were the owner and refraining from doing anything that could impair its value. In the case of a return from a delivery of goods with a total order value of up to € 40.00, you must bear the costs of the return if the goods delivered correspond to those ordered. Otherwise the return is free of charge for you.
(3) Special information
Please also note that this right of cancellation does not apply to contracts for the delivery
-of audio and video recordings or of software, provided that you have broken the seal on the delivered data carriers,
-of newspapers, magazines or periodicals,
-of goods that have been manufactured according to customer specifications or clearly tailored to personal needs.
§ 7 Warranty
The statutory warranty provisions apply.
§8 Data protection
(1) The museums will collect, store, process and use the data received in connection with the contractual relationship in compliance with the Federal Data Protection Act and the Teleservices Data Protection Act (BDSG, TDDSG), insofar as this is necessary for the proper processing of orders and the provision of information to the customer.
(2) In addition, the museums may create user profiles for the purposes of advertising, market research or the customised design of services using pseudonyms. The user profiles are not combined with data about the bearer of the pseudonym.
(3) The customer can object to the use described in the previous paragraph at any time with effect for the future. After receipt of the objection, the museums will refrain from this form of use.
§ 9 Liability
Unless otherwise stipulated below, the museums are only liable for damages caused intentionally or through gross negligence. The museums are also liable in the case of simple negligence for damages resulting from injury to life, body or health, which are based on a breach of duty by the museums, as well as for damages which are based on the breach of an essential contractual obligation (cardinal obligation).
§ 10 Final provisions
(1) This purchase contract is subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant or a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, Dresden, Germany shall be the exclusive place of jurisdiction for all disputes in connection with the business relationship.