Terms & Conditions
Business and delivery conditions
All orders will be processed and wares dispatched by Moers Kultur GmbH
We will store the personal data you provide when you place an order with it and use it in correspondence with you. Your data will not be passed on to third parties!
Conclusion of contract
All offers are non-binding and are subject to change.
A contract is deemed to have been concluded between you and Moers Kultur GmbH when you place an order with Moers Kultur GmbH and Moers Kultur GmbH accepts it. The contract is concluded online with the submission of your order form. However, if you do not provide a valid e-mail address when you place your order, the contract is not deemed to have been concluded until the wares have been sent. We reserve the right to change and correct our offers, and explicitly point out that they may contain mistakes and printing errors. Verbal side agreements are only valid when they are explicitly confirmed in writing. Should certain wares not be available for a significant period or in the event that database errors occur, we may not be able to complete your order and reserve the right to deliver at a later date or to withdraw from the contract. Should this be the case, you will, of course, be informed without delay.
We make every effort to deliver ordered wares as quickly as possible. In the exceptional event of a delivery delay, we reserve the right to deliver your order in instalments. Postage and packaging fees shall only apply once. The delivery dates we propose or confirm are non-binding unless we explicitly confirm them as fixed dates. For deliveries to Germany and the EU we usually use a courier service of our choice. Please check the state of delivered wares immediately upon receipt and in the presence of the delivery service representative. Any damage must be reported to the delivery service representative immediately. Complaints made at a later date will not be accepted.
Risk of transport
The risk of transport is borne by the customer, even where damage is caused by accident or force majeure. We will not replace wares which are lost or damaged during transport. The customer must therefore contact the post office or delivery service responsible, within the complaints period set by these entities, in order to make a complaint.
Our liability policy for defects in the wares we deliver is as follows. No further claims will be accepted. The customer must notify Moers Kultur GmbH in writing of any defects in the wares within 8 days of receipt of the wares, citing the invoice number. Hidden defects must be reported within 8 days of their becoming apparent. We accept no liability for defects not reported within these deadlines. Our liability is limited to replacing defective wares. Should it prove definitively impossible to remedy the defects in question, the customer’s only options are to demand a reasonable reduction in the purchase price or to cancel the purchase. The customer has no further claims and does not have the right to claim damages, particularly not for consequential damage or loss of earnings, except in cases of gross negligence or intent on our side. This disclaimer also applies to claims arising from tort or from a positive violation of contractual duty, i.e. to claims which have nothing to do with defects in the wares.
Right of withdrawal and return
As the end customer, you have the right under the Distance Selling Act (Ferbabsatzgesetz) to withdraw your order within 14 days of receipt of the wares and to return the wares. You are not obliged to justify your withdrawal. Withdrawals can be made in writing by fax or e-mail, or by returning the wares. To meet the deadline, wares must be dispatched within 14 days of receipt to Moers Kultur GmbH, Kastell 6, 47441 Moers. The cost of returning wares is borne initially by the customer - we will not accept returns upon which the postage has not been prepaid. Once we have received the wares, we will refund the purchase price and, where applicable, the return costs, by transferring the money to the account you have specified. We reserve the right not to refund return costs under 40 Euro except in cases where the wares we delivered did not correspond to those you ordered. We will not refund the cost of returning wares from abroad or the costs incurred by using special forms of dispatch such as express or night delivery services. Should the condition of the wares have undergone a material deterioration (e.g. become dirty, pages torn, damaged), we explicitly reserve the right to demand compensation. The purchase price can be reduced in exceptional cases only.
We accept no liability for defects caused by external influence or improper use of the wares.
The cash on delivery option is not available to customers ordering from abroad. Please note that customs regulations must be observed when placing orders from abroad. Compliance with customs regulations is the responsibility of the customer.
Transfer of ownership
Pursuant to section 455 BGB (German Civil Code), wares shall remain our property until payment has been made in full. Ownership shall only be transferred to the customer when the customer has fulfilled all the claims which Moers Kultur GmbH has against him/her/it as a result of of the business relationship.
Place of performance, venue
The place of performance is 47441 Moers
If the customer is a registered trader, legal entity under public law or a specialized agency under public law, the place of venue for any disputes arising from the contracts entered into or the legal relationships associated with them will for both parties be the court which has jurisdiction at the seller’s place of business.
Should any of the provisions of these Terms and Conditions be or become invalid or ineffective, the validity or effectiveness of the remainder of the provisions shall not be affected. The ineffective or invalid provision shall be replaced with a valid one which comes as close as possible to the economic purpose of the original.
47441 Moers, December 2009