(2) Our General Terms and Conditions apply exclusively. Conflicting customers’ conditions or conditions that deviate from our Terms and Conditions will not be accepted unless Thomas Schmitz, Fine Art Trade and Restoration, has expressly accepted such conditions in writing in each individual case.
 

2. Conclusion of Contract

(1) Antiques and other second-hand goods will only be sold as individual items or in the available quantity. The presentation of the range of goods of Thomas Schmitz, Fine Art Trade and Restoration on servers accessible via the Internet does not represent an offer for sale as defined in Article 145 et seqq. of the German Civil Code (BGB).

(2) The customer is tendering a purchase offer as defined in Article 145 BGB by sending an order to Thomas Schmitz, Fine Art Trade and Restoration via e-mail.

The customer receives an acknowledgement of the receipt of the order via e-mail. Thomas Schmitz, Fine Art Trade and Restoration advises the customer separately of any possible mistakes in the information on the range of goods shown on the company website and submits a counter offer, if applicable.

(3) The contract with Thomas Schmitz, Fine Art Trade and Restoration is concluded if Thomas Schmitz, Fine Art Trade and Restoration accepts the purchase offer. The offer is accepted under reserve of the availability of the ordered goods or services. A declaration of acceptance by Thomas Schmitz, Fine Art Trade and Restoration to the customer is not required, in this respect, the customer forgoes such declaration as defined in Article 151 sentence 1 BGB. If Thomas Schmitz, Fine Art Trade and Restoration cannot accept the customer’s purchase offer, the customer will be notified to this effect via electronic mail.

(4) Thomas Schmitz, Fine Art Trade and Restoration reserves the right to require a prepayment of the order value. The order will be processed following the receipt of payment.
 

3. Delivery, Forwarding Charges

(1) Thomas Schmitz, Fine Art Trade and Restoration will immediately deliver the ordered goods to the address provided by the customer in the order.

Thomas Schmitz, Fine Art Trade and Restoration reserves the right to perform partial deliveries.

(2) Delivery will be performed according to the forwarding charges per each individual case. All risks of delivery will be transferred to the customer as soon as the goods have been handed over by Thomas Schmitz, Fine Art Trade and Restoration to the assigned delivery partner.

(3) Information on the anticipated time of delivery is non-binding unless Thomas Schmitz, Fine Art Trade and Restoration has submitted to the customer a binding confirmation in writing.
 

4. Retention of Title

The ownership of the delivered goods remains with Thomas Schmitz, Fine Art Trade and Restoration until all outstanding claims against the customer have been settled in full.
 

5. Due Date and Payment

(1) Thomas Schmitz, Fine Art Trade and Restoration accepts only those methods of payment indicated to the customer during the order transaction.

(2) The purchase price as well as any applicable order fees and/or forwarding charges are due on conclusion of the contract.

(3) In case of customer’s default, Thomas Schmitz, Fine Art Trade and Restoration is entitled to charge default interest in the amount of 5 (in case of traders 8) percentage points above the prevailing bank base rate. The right of Thomas Schmitz, Fine Art Trade and Restoration to assert any higher claims remains unaffected.

(4) The customer will have the right of set-off only insofar and to such extent as the customer's counter claims are legally valid, undisputed or accepted by Thomas Schmitz, Fine Art Trade and Restoration.
 

6. Cancellation

(1) In case of consumer contracts, the customer is entitled, within one month after receipt of the goods, to withdraw his declaration of intent concerning the conclusion of contract in writing (e.g. letter, e-mail) or by returning the goods to Thomas Schmitz, Fine Art Trade and Restoration. Timely dispatch of the goods will be sufficient to keep the time limit. The burden of proof concerning the dispatch of the goods to be returned lies with the customer.

(2) In case of effective cancellation, the customer undertakes to return the received goods. If the customer returns the received goods only in part or in a deteriorated state, the customer is obliged on his cancellation to reimburse to Thomas Schmitz, Fine Art Trade and Restoration the corresponding decrease in value. If the customer has already paid the purchase price, Thomas Schmitz, Fine Art Trade and Restoration is entitled to deduct the decrease in value from the repayment sum.

In particular cases, the decrease in value may correspond to the paid purchase price.

(3) The costs arising from the return of goods are borne by the customer expect if the goods or services supplied were not those ordered.

(4) In return, Thomas Schmitz, Fine Art Trade and Restoration will reimburse the already paid purchase price to the customer should the cancellation be effective. Any charges paid by Thomas Schmitz, Fine Art Trade and Restoration for the return of goods according to section 2 sentence 1 will be deducted. For international payments, bank transfer fees will also be deducted. Thomas Schmitz, Fine Art Trade and Restoration will exercise its right of retention until complete return of the goods.

(5) The right of cancellation does not apply to contracts where the supplied goods are made or modified specially according to the customer’s specifications.

In other respects, Article 312 d section 4 BGB applies.

(6) In case of exclusion of cancellation and return according to Article 312 d section 4 BGB and Article 6 section 5 of our General Terms and Conditions, the customer will bear the costs of resending the goods to himself after returning them to us.
 

7. Responsibility for Defects

(1) Thomas Schmitz, Fine Art Trade and Restoration will be responsible for defects which exist upon delivery of the goods within a warranty period of twelve months and according to the following provisions.

(2) The customer immediately notifies Thomas Schmitz, Fine Art Trade and Restoration of any ascertained defects. If a defect comes to light for which Thomas Schmitz, Fine Art Trade and Restoration is liable, Thomas Schmitz, Fine Art Trade and Restoration will remedy such at the discretion of the customer either by rectifying the defect or providing a replacement.

(3) Should attempts to remedy the defect or provide a replacement fail, should Thomas Schmitz, Fine Art Trade and Restoration be unwilling or unable to do either, or should provision of such a remedy be delayed for an unreasonable length of time for reasons not beyond the control of Thomas Schmitz, Fine Art Trade and Restoration, the customer will be entitled to withdraw from the contract notwithstanding any claims for damages or to demand a reduction in the purchase price.
 

8. Address

Firma Thomas Schmitz, Kunsthandel und Restaurierung

D-24306 Plön
Schlossgebiet 2a

Telephone: +49 (0)4522-789988

E-mail: info@restauarte.eu
 

9. Data Protection

(1) The collection, handling, and use of personal data: Thomas Schmitz, Fine Art Trade and Restoration undertakes to protect the privacy of all persons who purchase in a shop run by Thomas Schmitz, Fine Art Trade and Restoration and to keep personal data in confidence. The protection of data is based on the statutory provisions as may from time to time apply such as the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) and the Telecommunication Law (Telekommunikationsgesetz). The data received from the customer is collected, handled and used for the sole purpose of the order transaction.

10. Liability

(1) Thomas Schmitz, Fine Art Trade and Restoration will be liable without limitation for any damage incurred by intent or due to gross negligence, in the case of the fraudulent concealment of defects, in case of undertaking a guarantee as to condition, for claims arising from the Product Liability Act (Produkthaftungsgesetz) as well as for bodily injuries.

(2) Liability for other damages due to Thomas Schmitz, Fine Art Trade and Restoration being in breach of a duty, adherence to which is of particular importance to achieving the intended purpose of the contract (a cardinal duty), will be limited to such claims as may, by virtue of the contractual application of the goods, be typical and predictable.

(3) In such a case, liability is limited to the amount of the purchase price / remuneration paid according to this contract.

(4) Claims not directly attributable to the goods themselves, lost profit, or any other financial losses suffered by the customer will be excluded.
 

11. Final Provisions

(1) This contract is subject exclusively to the substantive law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods.

(2) Insofar as the customer is a commercial trader, exclusive jurisdiction for all claims in connection with this business relation shall rest with the courts of Plön.

(c) by T. Schmitz