​I. General

a) These Terms and Conditions apply to all present and future business relationships of the Seller.
b) Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is established without this being attributable to a commercial or independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or legally capable partnerships with whom a business relationship is established and who act in the exercise of a commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
c) Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

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II. Conclusion of Contract

The Seller’s offers are non-binding. Availability of delivery remains reserved. By placing an order, the Customer declares binding intent to purchase the ordered goods. The Seller is entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance may be declared either in writing by order confirmation or by delivery of the goods to the Customer.

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III. Payment

a) The offered purchase price is binding. If the buyer is a consumer, the price stated by the Seller includes statutory VAT. If the buyer is an entrepreneur, the price stated is exclusive of statutory VAT. If taxation occurs pursuant to § 25a UStG (margin taxation), VAT will not be shown separately on the invoice. If the Customer requests shipment, they shall in all cases bear the shipping costs and, if applicable, insurance and other such services.
b) The Customer undertakes to pay the purchase price within 10 days after receipt of the goods. After this period, the Customer is in default of payment. During default, consumers must pay interest on the monetary debt at a rate of 5 percentage points above the base rate. Entrepreneurs must pay interest at 8 percentage points above the base rate. The Seller reserves the right to prove and claim higher damages due to default against entrepreneurs.
c) The Customer is entitled to offset only if their counterclaims are legally established or acknowledged by the Seller. The Customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
d) Complaints about invoices must be made in writing and no later than eight days after receipt of the invoice.

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IV. Delivery

a) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, and in the case of shipment, upon delivery to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item does not pass until the item is handed over to the buyer, even in the case of shipment.
c) Handover is deemed equivalent if the Customer is in default of acceptance.
d) Delivery times stated by the Seller are non-binding. If a delivery period is exceeded by more than six weeks, the Customer has the right to set a reasonable grace period. After expiry of this period, both parties may withdraw from the contract by written declaration.
e) Cases of force majeure – understood as circumstances and events that cannot be prevented by the due diligence of proper business management – suspend the contractual obligations of the parties for the duration and scope of their effects. If delays resulting from this exceed six weeks, both parties are entitled to withdraw from the contract with respect to the affected performance. Further claims do not exist.

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V. Default of Acceptance

If the Customer is in default of acceptance of the offered performance for longer than one month, they must pay the storage costs incurred. The Seller may also use a forwarding agent for storage. Instead of claiming actual costs, the Seller may demand a flat-rate storage fee of €5 per day, but not exceeding 10% of the purchase price.

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VI. Retention of Title

a) Goods sold to an entrepreneur remain the property of the Seller until full payment of all claims against the entrepreneur, in particular payment of the purchase price including incidental costs and any claims from other contracts, and in the case of payment by bill of exchange or cheque until their encashment, even if claims from other contracts arise only after delivery. For current accounts, the retained title secures the Seller’s respective balance claims.
b) Goods sold to a consumer remain the property of the Seller until full payment of the claims existing at the time of contract conclusion, in particular payment of the purchase price including incidental costs and in the case of payment by bill of exchange or cheque until their encashment.
c) If the retention of title provides the Seller with excessive security, the Seller is prepared to limit the security to 150% of the amount of its claim.
d) The retention of title also extends to products resulting from processing, mixing, or combining the delivered goods to their full value, with the Seller deemed to be the manufacturer. If third-party ownership rights remain after processing, mixing, or combining, the Seller acquires co-ownership in proportion to the invoice values of these goods.
e) In the event of resale or processing of the goods subject to retention of title, the entrepreneur assigns in advance to the Seller the claims arising from the contract. The entrepreneur is authorized to collect these on behalf of the Seller until revocation or cessation of payment. Assignment of these claims for collection by way of factoring is not permitted unless the factor simultaneously assumes the obligation to effect the consideration in the amount of the Seller’s claim share directly to the Seller as long as claims against the entrepreneur remain.
f) The Customer may neither pledge nor assign as security the goods subject to retention of title. Any relocation and third-party interventions, particularly seizures, must be reported to the Seller immediately in writing, in the case of seizures with submission of the seizure protocol.
g) The Customer must grant the Seller, after reasonable prior notice, free access to the items delivered under retention of title. The Customer is obliged to handle the goods with care. If maintenance work is required, the Customer must regularly carry this out at their own expense.
h) The Seller is entitled, in case of contractual breach by the Customer, particularly in case of default of payment or breach of an obligation under letters f) and g) of this provision, to withdraw from the contract and demand the return of the goods.

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VII. Warranty

a) Information on age, origin, and authenticity of antiques and works of art does not constitute a characteristic within the meaning of § 434 BGB, but rather non-binding information. The Seller does not grant guarantees in the legal sense.
b) If the buyer is an entrepreneur, antiques and works of art are purchased "as seen" or "as could have been seen". The Seller accepts no liability for open or hidden defects.
c) If the buyer is a consumer, statutory warranty rights apply. To remedy defects, the consumer initially has the choice of whether subsequent performance is to take the form of rectification or replacement delivery. However, the Seller is entitled to refuse the chosen type of subsequent performance if it is possible only at disproportionate cost and the other type of subsequent performance remains without significant disadvantage to the consumer. If subsequent performance fails, the consumer may, at their choice, demand a price reduction (reduction) or rescission of the contract (withdrawal). In the case of only minor breaches of contract, particularly minor defects, the consumer has no right of withdrawal.
d) Consumers must notify the Seller in writing of obvious defects within two months after the time the non-conforming condition of the goods was discovered. Receipt of notification by the Seller is decisive for compliance with the deadline. If the consumer fails to provide this notification, warranty rights expire two months after discovery of the defect. This does not apply in the case of fraudulent intent by the Seller. The burden of proof for the time of discovery lies with the consumer. For used goods, especially antiques and works of art, the burden of proof for the defectiveness of the item lies with the consumer.
e) If the buyer, due to a defect, chooses rescission of the contract after failed subsequent performance, they are not additionally entitled to damages for the defect. If, after failed subsequent performance, the buyer claims damages, the goods remain with the Customer if reasonable. Damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if the Seller fraudulently caused the breach of contract.
f) For consumers, the limitation period is two years from delivery of the goods. For used items, the limitation period is one year from delivery. This does not apply if the consumer has not notified the Seller of the defect in due time (cf. letter d)).

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VIII. Limitations of Liability

a) In the event of slightly negligent breaches of duty, the Seller’s liability is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the Seller’s legal representatives or vicarious agents. With respect to entrepreneurs, the Seller is not liable for slightly negligent breaches of insignificant contractual obligations.
b) The above limitations of liability do not affect claims under product liability. Furthermore, the limitations do not apply to bodily injury, health damage, or loss of life attributable to the Seller.
c) Damage claims by the Customer due to a defect expire one year after delivery of the goods. This does not apply if fraudulent intent can be attributed to the Seller.

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IX. Final Provisions

a) The law of the Federal Republic of Germany applies. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. This also applies if the Customer has no general place of jurisdiction in Germany or if residence or habitual abode is not known at the time of filing the action.
b) Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.