Skarabäus Kunstartikel & Astro Media Schweiz
General terms and conditions

Page Overview

1. General
2. Offer
3. Delivery and payment
4. Delivery time
5. right of return
6. transfer of risk
7. warranty
8. retention of title
9. data storage
10. liability
11. intellectual property rights and data use on the Internet
12. definition and disclaimer of liability for Internet offers
13. partial invalidity
14. changes, place of jurisdiction and performance

1. General
The following General Terms and Conditions apply to all contracts, deliveries and other services. We hereby expressly object to any deviating provisions of the contractual partner. All subsidiary agreements require our written confirmation. The company Skarabäus Kunstartikel & Astro Media Schweiz is entitled at any time to change or supplement these general terms and conditions including all possible attachments with an appropriate period of notice. Orders received before will be processed according to the then still valid old general terms and conditions.

2. Offer
Our offers are not binding. Small deviations and technical changes from our illustrations or descriptions are possible. The respective catalogue loses its validity with the publication of a new edition.

3. Delivery and Payment
The terms of delivery and payment of Skarabäus Kunstartikel & Astro Media Schweiz are specified in the order form. There is no minimum order quantity. We reserve the right to make a partial delivery if this seems advantageous for a speedy processing. Special delivery forms requested by our customers will be charged with the customary local surcharge. Subsequent deliveries are free of postage.

4. Delivery times
If the goods are not in stock at the time of ordering, we will endeavour to deliver as quickly as possible. Claims for damages due to delay or impossibility or non-fulfilment are excluded.

5. Right of return
We guarantee a right of return within 14 days for unused goods. The return deadline is met by the timely dispatch of the goods (invoice date). The return is only accepted by us if it was sufficiently franked.

6. Transfer of risk
The risk passes to the buyer with the dispatch of the goods by the company Skarabäus Kunstartikel.

7. Guarantee
Upon arrival, the customer must inspect the goods immediately for defects and condition. In the case of obvious defects, these must be reported to us within 10 days of discovery. The warranty period is 6 months from delivery. In the case of complaints, the date of purchase must be proven with an invoice. The complained article must be sent in together with a copy of the calculation, sufficiently franked. The warranty does not cover normal wear and tear. The warranty expires if the customer changes the delivered goods. Skarabäus Kunstartikel has during the warranty period the right to free repair or replacement. A partial or complete exchange of the article is permissible. If defects are not remedied within a reasonable period, the buyer is entitled to conversion or reduction.

8.Retention of title
Until the complete payment the goods remain property of the company Skarabäus Kunstartikel & Astro Media Schweiz.

9. Data storage
In accordance with Swiss law, we would like to draw your attention to the fact that the data required for business transactions are processed and stored using an EDP system. Personal data will of course be treated confidentially and will not be passed on to third parties. See separate data protection declaration.

10. Liability
Skarabäus Kunstartikel & Astro Media Switzerland is not liable for damages resulting from the non-performance or incorrect performance of the contract or for the operation and use of the object of purchase, unless otherwise agreed in writing. In any case Skarabäus Kunstartikel does not assume any liability for loss of profit or indirect or consequential damages that may be incurred by the buyer or a third party. If in the relationship between buyer and Scarabäus Kunstartikel & Astro Media Switzerland an explicit, written liability regulation was agreed, Skarabäus Kunstartikel & Astro Media Switzerland is entitled to be represented in the judicial as well as out of court procedure after own opinion partly or completely by its suppliers. The consent of the buyer shall be deemed to have been given if this is done without further action on the part of the buyer.

11. Intellectual property rights and data use on the Internet
All in all documents and data of Skarabäus Kunstartikel & Astro Media Switzerland mentioned brand names and registered trademarks are property of the respective manufacturer.

Skarabäus Kunstartikel & Astro Media Schweiz expressly points out that the copying, downloading and further processing of the data from the Internet offer is prohibited and will be prosecuted as an infringement of copyright. Skarabäus Kunstartikel & Astro Media Schweiz disclaim any liability towards third parties and collecting societies.

Skarabäus Kunstartikel & Astro Media Schweiz also draws your attention to the fact that the use, viewing and forwarding of data from its website is at your own risk. All users, regardless of their place of residence and the location of the provider, accept this regulation and under all circumstances accept Arlesheim BL (Switzerland) as the place of jurisdiction.

Skarabäus Kunstartikel & Astro Media Switzerland assumes that any visit to its websites is voluntary and based on its own decision.

12 Definitions and Disclaimer of Liability for Internet Offerings scope
Skarabäus Kunstartikel & Astro Media Schweiz defines “Internet offer” as offers in the publicly accessible Internet shop, in password protected customer-specific Internet and Extranet shops as well as Internet shops operated on the customer’s own networks.

Domicile
Skarabäus Kunstartikel & Astro Media Schweiz Internet offers are directed only at companies, service providers and persons with a branch, residence or habitual abode in Switzerland, Germany or the Principality of Liechtenstein. At our own discretion, we also ship worldwide against prepayment.

Use
The use of the websites published by Skarabäus Kunstartikel & Astro Media Schweiz or third parties is at the user’s own risk. Neither Skarabäus Kunstartikel & Astro Media Schweiz nor any third party company commissioned by Skarabäus Kunstartikel & Astro Media Schweiz nor any of its employees shall be liable, directly or indirectly, for the accuracy of any information on their websites. Skarabäus Kunstartikel & Astro Media Schweiz or third party companies commissioned by Skarabäus Kunstartikel & Astro Media Schweiz or any of their employees shall not be liable for any direct or indirect damage suffered by the user or third parties as a result of transactions carried out via the Internet.

Content/verification errors/abuses
Skarabäus Kunstartikel & Astro Media Switzerland does not guarantee the accuracy, completeness, confidentiality or transport of data and content (attachments). Skarabäus Kunstartikel & Astro Media Schweiz do not assume any liability for any malfunctions of the internet (e.g. loss of data, virus attack etc.) or for any misuse by third parties or any consequential damage.

Offer/pricing
Internet and e-mail offers from Skarabäus Kunstartikel & Astro Media Schweiz are always exclusive of statutory VAT. They are in any case non-binding until written confirmation with drawing.

For legal reasons, Skarabäus Kunstartikel & Astro Media Schweiz reserves the right not to prepare offers or not to accept orders.

13. Partial invalidity
Should one or more provisions of these GTC prove to be void or invalid, this shall not affect the remaining provisions; these shall remain unchanged and shall retain their validity. The invalid provision(s) shall be replaced by provisions that are as economically equivalent and lawful as possible.

14. Changes, place of jurisdiction and place of performance
The version of the GTC of Skarabäus Kunstartikel & Astro Media Schweiz valid at www.skarabaeus-art.ch / www.astromedia.ch applies. Changes are only valid if they are agreed in writing between the customer and Skarabäus Kunstartikel & Astro Media Schweiz.

General terms and conditions of business
PGI ‘Art of the ancient civilizations’ 12/2019

1. Scope of application
These General Terms and Conditions (GTC) apply to all deliveries from PGI ‘Art of Ancient Advanced Civilisations’ to consumers (§ 13 BGB).

2. Contracting party
The purchase contract is concluded with:
PGI “Art of the ancient civilizations”
PGI “AstroMedia Didactics”
CIP “House of Quince”
Badgasse 4
97332 Volkach
VAT ID: DE228222878
Managing Director: Mario Pierl

3. Offer and conclusion of contract / prices and terms of payment
3.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. All offers are valid “while stocks last”, unless otherwise noted with the products. Errors excepted.

3.2 By clicking on the button “Payable order” in the last step of the ordering process, you place a binding order for the goods contained in the shopping cart. The purchase contract is concluded when we send your order by means of an order confirmation by e-mail immediately after receiving your order. The indication of a correct email address of the buyer is essential. If the customer does not have a deliverable email address, the order confirmation will be sent with the goods. After expiration of the 14-day period, the offer is considered rejected. No sales contract is concluded for products that are not listed in the shipping confirmation.
3.3 Despite careful stocking, it can happen that a promotional item is sold out faster than expected. We therefore do not give any delivery guarantee. The special offer is only valid while stocks last.
3.4 For all deliveries and services the list prices at the time of the order apply. Our prices are in Euro including the currently valid value added tax, plus shipping costs. The shipping costs are 5.50 € per shipment. If the order value exceeds the amount of 80.00 €, the shipping costs are not applicable. There are no further fees. Our invoices are due with a payment term of 14 days and are payable without any deductions.

4. Delivery
4.1 Information about the expected delivery period is non-binding, unless we expressly guarantee a delivery date in an individual case, because the postal run is not subject to our influence. If we are in default of delivery in the event of an expressly agreed delivery date and the customer sets us a grace period, this shall be at least 2 weeks.
4.2 Partial deliveries are permissible, as far as they are reasonable for the customer. Subsequent deliveries are free of shipping costs.
4.3 PGI is free to choose the mode of dispatch without express instructions from the Customer,
to determine the company entrusted with the dispatch and the dispatch route at reasonable discretion. The delivery of goods that can be shipped as a package is free of charge to the curb.

5. Transport damages/exclusion period for notification of defects
5.1 If goods are delivered with obvious damage to the packaging or contents, the customer shall notify us of this at the latest two weeks after receipt of the goods at
Phone: +49 (0)9381803528 with allocate.
If the customer acts as an entrepreneur, § 377 HGB (German Commercial Code) shall apply with regard to the auditing standard.

6. Reservation of title
6.1 The delivered goods remain our property until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our express consent.
6.2 In relation to customers in accordance with § 1 number 2, we reserve the right of ownership of the delivery item until receipt of all payments arising from the business relationship. In this case, the reservation of title also extends to the acknowledged balance if we book claims against the buyer into current invoices (current account reservation). The buyer is entitled to resell the goods in the ordinary course of business. The Purchaser hereby assigns to PGI all receivables in the amount of the gross invoice amount that accrue to it from the resale against its purchasers or third parties. This applies regardless of whether the goods have been processed or not. Purchaser remains authorised to collect the claim after the assignment. We may also collect the claim ourselves at our discretion. We will not collect the claim as long as the purchaser meets his payment obligations to PGI “Art of Ancient Advanced Cultures” and is not in default. In the event of default of payment, the Buyer is obliged to provide all information necessary for the collection of the claim and to support us in collecting the claim.

7. Warranty
7.1 The warranty is subject to the legal regulations.

8. Data protection
8.1 The buyer agrees that the personal data transmitted by him will be stored electronically by us. Our customer data will not be passed on.
8.2 Your orders are stored with us. Should you lose your documents concerning your orders, please contact us by e-mail, fax or telephone. We will gladly send you a copy of the data of your order by e-mail, provided that the order was placed no longer than one year ago.

9. Cost bearing agreement
9.1 If you make use of your right of revocation, you have to bear the regular costs of the return shipment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40.00 EUR or if, in case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you.

10. Revocation instruction
This clause only applies to consumers, i.e. every natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity:
Cancellation policy
You may revoke your contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:
Company PGI
Badgasse 4
D-97332 Volkach
email: info@pgi-online.de
phone: +49 (0) 9381 803528
Fax +49 (0) 9381 803529
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may be required to pay compensation for lost value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent as a parcel are to be returned. Items that cannot be sent by parcel post will be collected from you. You have to bear the costs of the return shipment if the delivered item corresponds to the ordered item and if the price of the item to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. You must fulfil obligations to reimburse payments within 30 days of sending your declaration of revocation.

End of the cancellation policy

11. Liability
11.1 PGI is only liable for damages other than those arising from injury to life, limb and health to the extent that such damages are caused by intentional or grossly negligent acts or by culpable breach of a material contractual obligation, i.e. an obligation the fulfilment of which is essential to the proper performance of the Contract and the observance of which the other party may regularly rely on, by PGI or its agents. Any further liability for damages is excluded. Pre-contractual liability and the provisions of the Product Liability Act remain unaffected.
11.2 If a material contractual obligation is breached, PGI’s liability is limited to the foreseeable damage.

12. Severability Clause, Applicable Law
12.1 Should a provision of these General Terms and Conditions or a provision within the scope of other agreements of this contract be invalid, this shall not affect the validity of the other agreements. The invalid provision shall be replaced by an appropriate provision which, within the scope of the legally permissible possibilities, comes closest to the invalid clause in its economic effect.
12.2 If the buyer does not have a general place of jurisdiction within the European Union, our registered office shall be the place of jurisdiction.
12.3 In relation to entrepreneurs, persons under public law or special funds under public law, Kitzingen is agreed as the place of jurisdiction – insofar as legally permissible. PGI is also entitled to bring an action at the Customer’s place of business.
12.4 The place of performance for all obligations under the contractual relationship is PGI’s respective registered office.

12.5 German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, also in cross-border deliveries.