Duties to Supply Information for Distance Selling Contracts
In the following, we would like to draw your attention to some important information on consumer protection. You are therefore kindly requested to please read it carefully.
Please note the following information for consumers:
Duties to supply information for distance selling contracts between entrepreneurs and consumers
Regarding Sect. 312d (1) of the German Civil Code (BGB) in conjunction with Art. 246a, Sects. 1, 4 of the Introductory Act to the German Civil Code (EGBGB):
1. Goods Offered / Contract Closure
The art works offered are used, and their condition reflects their age and their previous history. The price takes any defects into account.
The items offered by the Seller on the Internet or otherwise through telecommunications means constitute offers to sell. The Bidder makes a binding bid. This bid lapses when an effective higher bid is made by another bidder or by the Bidder itself. The highest bid at auction closure decides the purchase contract concluded. The contract comes into existence between the Bidder (subsequently Buyer) and the respective Seller. In the case of the "Buy Now" option, the contract comes into existence when this sales offer is effectively accepted by the Buyer. The specifications of the items offered by the Seller are non-binding. The auction process, the ordering procedure and the conclusion of a contract in an online purchase transaction staged as an Internet auction (e-commerce) are specified in the Duties to Supply Information in e-Commerce Transactions, available at + www.ketterer-internet-auctions.com/terms.php.
Ketterer Kunst GmbH & Co KG
Telephone: +49 89 55 244-0
Fax :+49 89 55 244 166
Register Court Munich HRA 46730
VAT ID: 129 989 806
Experts Art Service GmbH
Register Court Munich HRB 117489
3. Prices, Delivery and Freight Costs
The prices specified include statutory value-added tax at the rate in force at the time, where owed.
Any customs duties incurred for deliveries to countries outside Germany shall be borne by the Buyer. Any fees for cash on delivery shall be paid by the Buyer. The prices specified include transport and packaging costs inside the EU, excluding any customs duties that may accrue as mentioned above (see item 5).
4. Telecommunications Costs
If the Bidder contacts the Seller using telecommunications, e.g. telephone, fax, e-mail, Internet, it will not be charged any telecommunications costs by the Seller, apart from the Bidder´s own connection costs.
5. Payment, Delivery and Service Conditions
Buyers can make payments to the auctioneer only by bank transfer to the account indicated. Fulfillment of payment only takes effect after credit entry on the auctioneer´s account. We accept credit card (Visa, Master, Amex) payments up to an amount of € 5,000. Details are provided in the Duties to Supply Information in e-Commerce Transactions, available at + www.ketterer-internet-auctions.com/terms.php.
All bank transfer expenses (including the auctioneer´s bank charges) shall be borne by the buyer as far as legal and not prohibited by § 270a BGB.
After payment, the item purchased will be sent to the Buyer by insured post unless the latter explicitly states that it will collect the goods. The Seller may stipulate the mode and means of consignment at its own discretion. On dispatch, additional fees – in particular c.o.d. charges and customs duties – may be incurred which are charged directly by the carrier and collected from the recipient on delivery of the consigned goods. These fees are not included in the Seller´s carriage costs and must be paid by the Buyer additionally, if applicable.
After appropriate notification and prior arrangement, the Buyer can collect the purchased item from the Seller. The item must be collected immediately, at latest 14 days after termination of the offer and purchase of the item by the Buyer.
6. Customer service
There is no separate customer service. If you have any suggestions, problems or complaints, please contact the above address in writing or by phone (see item 2). We do not take e-mails into account. Your contact is: Mr. Wiewiora.
7. Terms of Warranty
7.1 Under Sect. 437 of the German Civil Code, you have a legal right to notify defects. See the modifications in item 7.2.
7.2 Further specifications of the items, to the best of our knowledge, do not constitute contractually agreed qualities or characteristics within the meaning of Sect. 434 of the German Civil Code; instead they merely serve as information for the Buyer – unless we expressly assume a guarantee in writing. This also applies to expertises. The fact that the Seller has given an appraisal as such is not indicative of any quality or characteristic of the object being sold.
Vis-à-vis consumers within the meaning of Sect. 13 of the German Civil Code, the guarantee for used goods is limited to one year after commencement of the statutory prescriptive period. In all other respects, statutory regulations shall apply.
8. The Seller has not committed itself to any code of conduct, however it is a member of 'Bundesverband Deutscher Kunstversteigerer e.V. (BDK)', www.kunstversteigerer.de, which have committed itself to a code of conduct, that the members have accepted for themselves.
9. Minimum Term
The contract does not have a minimum term. The period during which the Bidder is bound by its bid is determined by the duration of the Internet auction and the highest bid at the time.
10. Right of Revocation
The Buyer may revoke its declaration of contract in accordance with Sect. 312g and Sect. 355 of the German Civil Code. The Buyer is advised in detail about its right of revocation and about the consequences of revocation in the revocation policy attached.
You are entitled to revoke this contract within fourteen days without specifying any reasons. The cancellation period is fourteen days from the date you or a third-party named by you, who is not the carrier, takes possession of the goods.
To exercise your right of revocation, you must inform us – Firma Ketterer Kunst GmbH & Co KG, Joseph-Wild-Str. 18, 81829 München, Fax +49 89 55 244 166 oder firstname.lastname@example.org – by way of an unambiguous declaration (such as by letter sent by post, fax, e-mail) about your decision to revoke the contract. You can use the enclosed sample cancellation form to do so, however this is not mandatory.
To comply with the cancellation period, your notification regarding the exercise of the right of revocation must be sent before the cancellation period expires.
Consequences of Revocation
If you revoke this contract, we shall reimburse all payments you have made, including delivery costs inside the EU (excluding additional costs resulting from the fact that you opted for a mode of delivery other than the least expensive, standard delivery offered by us) immediately and at latest within fourteen days from the date we receive your notification regarding revocation of this contract. For this reimbursement, we shall use the same payment method that you used for the original transaction, unless anything to the contrary was explicitly arranged with you. Under no circumstances will you be charged for this reimbursement. In case of goods that can be sent in the form of parcels, we may refuse reimbursement until we receive the returned goods or until you provide proof that you have dispatched the goods to us, depending on whichever is earlier.
You must dispatch or deliver goods that can be sent in parcels back to
Ketterer Kunst GmbH & Co KG
immediately and in any case no later than fourteen days from the date on which you inform us about the revocation of this contract. This deadline shall be deemed to have been met if you send the goods before expiry of the period of fourteen days. Goods that cannot be sent as parcels will be collected by us.
You shall bear the actual costs of return of the goods. You shall only bear a possible loss in value of the goods if this loss in value can be traced to an unnecessary procedure that you have undertaken for checking the quality, properties and functionality of the goods.
- End of the Cancellation Policy -
Sample Cancellation Form
(If you wish to revoke this contract, please fill out this form and send it back to us)
Firma Ketterer Kunst GmbH & Co KG
Fax: +49 89 55 244 166 or email@example.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the
(*) Please strike out inapplicable items
Your data will be used and processed exclusively within the framework of applicable data privacy laws.
|purchase of the following goods (*)|
provision of the following service (*)
|Ordered on (*)|
received on (*)
|Name of the consumer(s)|| |
|Address of the consumer(s)|| |
|Signature of the consumer(s)|
(Only if sent in paper form)