Neues Museum Weserburg Bremen
Teerhof 20, 28199 Bremen, Germany
Bank Code: 290 500 00
Account: 101 2686 000
Bic und Swiftcode:
Conditions of Use:
§ 1 Application
(1) The following General Business Terms (hereinafter: "GBT") shall apply to all business relationships between the "Neues Museum Weserburg Bremen" (hereinafter: "the Association") and its customers.
(2) The GBT have sole applicability. Differing terms issued by the customer will not be accepted unless, in an individual case, the Association has explicitly agreed to them in writing. No verbal collateral agreements have been reached.
(3) You may store the GBT and your electronic order form on your computer and/or print them out.
§ 2 Contract conclusion
(1) The customer’s contract partner is:
Stiftung Neues Museum Weserburg Bremen
represented by the Board (Prof. Dr. Thomas Deecke)
(2) Goods will only be sold in quantities suitable for personal use. The presentation of goods on our Web site does not represent a quotation as defined by § 145 of the German Civil Code.
(3) By placing a purchase order, the customer issues a binding offer as defined by § 145 of the German Civil Code. Confirmation of receipt of the purchase order does not yet constitute conclusion of a contract. An explicit statement of acceptance vis-à-vis the customer is not required; to that extent, the customer waives the right to receipt of such a statement as defined by § 151 S. 1 of the German Civil Code. The customer will be informed immediately if the goods are not available and any counter-performance already provided will also be reimbursed immediately.
(4) Even after accepting the customer’s binding offer, the Association shall be entitled to withdraw from the purchase contract if the ordered goods are no longer available. In that event, the Association undertakes to notify the customer immediately of the goods’ non-availability and to reimburse any counter-performance provided by the customer immediately.
§ 3 Delivery
(1) The Association will deliver the ordered goods to the address specified by the customer in the purchase order at the customer’s expense.
(2) Information regarding the likely delivery period is non-binding unless, in an individual case, the Association provided the customer in writing with an undertaking which was specified as binding. The maximum delivery period shall be 6 weeks from the time that the purchase contract takes effect.
(3) All risks and dangers associated with shipping shall be transferred to the customer as soon as the Association has handed the goods to the mandated transport company (§ 447 German Civil Code).
§ 4 Reservation of title
The Association shall reserve title to the delivered goods, together with all other rights in respect of the delivered goods, until the purchase price and the shipping costs have been paid in full.
§ 5 Due date and payment
(1) The Association will only accept payment by bank transfer and credit card. The invoice will be issued upon delivery. The payment terms specified in the invoice shall apply. When shipping abroad, the Association will only deliver against cash in advance.
(2) If the customer is in arrears, the Association shall be entitled to levy delay payment interest of 5% above the relevant base interest rate. The Association’s right to assert a higher level of losses shall remain unaffected hereby, as shall the customer’s right to assert a lower level of losses.
(3) The Customer shall only have the right of offsetting if, and to the extent that, his counterclaims have been legally determined in a non-appealable manner or are not disputed by the Association.
§ 6 Advice on the right of cancellation
(1) Cancellation right
You may cancel your contractual declaration within 2 weeks, without stating reasons, in writing (e.g. letter, fax, e-mail) or by returning the item. This period shall begin, at the earliest, upon receipt of this advice. The timely dispatch of the notice of cancellation or of the item shall suffice to uphold the cancellation period.
(2) Consequences of cancellation
In the event of a legally effective cancellation, the performances received by either side must be returned and any benefits accruing, such as interest, must be surrendered. If you are wholly or partially unable to return the received performance to us, or are only able to return it in a deteriorated condition, you must, to that extent, provide us with value compensation. This does not apply to the surrender of items if the deterioration of the item is solely due to the item having been inspected in the way that it might have been inspected in a retail business. For the rest, you can avoid the obligation to provide value compensation by not commencing use of the item as though you were its owner, and by avoiding any action which might impair its value. If returning an item forming part of a consignment with a total purchase order value up to € 40.00, you must bear the costs of return shipment, if the goods delivered correspond to those ordered. Otherwise you will not bear any costs for the return shipment.
(3) Special information
Please also note that this cancellation right does not apply to contracts for the delivery of:
-audio and video recordings, if you have unsealed the delivered data carriers;
-newspapers, journals or magazines;
-goods which were produced in accordance with customer specifications, or which have clearly been tailored to personal requirements.
§ 7 Warranty
The statutory warranty provisions shall apply.
§ 8 Data protection
(1) The Association will record, store, process and use the data received in connection with the contract relationship, while observing the German Data Protection Act and the German Telecommunication Services Data Protection Act (BDSG, TDDSG), where this is necessary for the proper handling of the purchase order and provision of information to the customer.
(2) Furthermore, the Association may, using pseudonyms, prepare user profiles for the purposes of marketing, market research or the demand-centred design of services. The user profiles will not be merged with data regarding the pseudonymous individual.
(3) The purchaser may, at any time, object to the usage described in the above paragraph with future effect. After receiving this objection, the Association will desist from this form of usage.
§ 9 Liability
Unless otherwise specified below, the Association shall, on principle, only be liable for losses caused by premeditation or gross negligence. The Association will also be liable in the event of simple negligence in respect of losses deriving from injury to life, limb or health resulting from a breach of duty by the Association, or for losses resulting from the breach of a significant contractual obligation (cardinal obligation).
§ 10 Concluding provisions
(1) This purchase contract is subject solely to German law, precluding the application of the UN Law of Purchase and private international law.
(2) If the customer is a businessman or a legal entity under public law, or a special fund under public law, or does not have a general legal venue in Germany, the sole legal venue for all disputes arising from the business relationship will be Bremen, Germany.