General terms and conditions of business (T&Cs)
for ordering publications and editions from the fridericianum.org website
as agreed between
und Museum Fridericianum gGmbH
Court of Registry:
AG Kassel, HRB 2154
VAT reg. no. DE 113060585
– hereinafter ‘documenta’ –
the customers named in section 1 of these T&Cs.
1. Scope, definitions
(1) The business relationship between documenta and a customer or customers (‘customers’) placing orders using the website https://fridericianum.org/ (‘website’) is governed solely in terms of its scope by the following general terms and conditions of business, in the version applicable at the time that the aforementioned order is placed. Other general terms and conditions of business of the customers are not recognised (even in relation to goods that are not covered by the applicable scope of these general terms and conditions of business) except in cases where documenta has expressly accepted them in writing.
(2) Customers are consumers insofar as the purpose for sourcing the products and services ordered does not primarily serve the interests of the customers’ commercial business as an enterprise or sole trader. A company, on the other hand, is considered to be any natural person, legal entity or partnership in a legal capacity that concludes a contract as part of executing commercial business as an enterprise or sole trader.
2. Contract conclusion
(1) The presentation of publications on the website does not constitute a binding offer by documenta but merely invites customers themselves to submit an offer.
(2) Customers may select products from those publications and editions presented on the website and start the ordering process by clicking the ‘Order’ button. After entering their personal details, customers then use the ‘Place your order’ button to place a legally binding order (cf. German Civil Code (BGB) s. 145, ‘Offer’) to purchase the selected products. Before submitting this order, customers can peruse and change their details at any time. However, the offer can be submitted and transmitted only once customers have clicked the button ‘I accept the T&Cs’ and thereby accepted these general terms and conditions of business by including them in their offer.
(3) documenta then sends customers an automatic notification of receipt by email. This email again lists the details of the customers’ order and customers can print out these details by using the ‘Print’ function. This automatic notification of receipt merely records the fact that documenta has received the customers’ order and does not constitute formal acceptance of the offer. The contract is not concluded until documenta issues a formal declaration of acceptance, which is sent in a separate email (confirmation of order). In this email or a separate email sent no later than delivery of the goods, documenta sends customers the text of the contract (consisting of the order, T&Cs and order confirmation) on a permanent data storage medium (official email or paper printout), constituting the confirmation of contract. The text of the contract is stored in accordance with data protection law.
3. Delivery, availability of goods
(1) Since we only offer advance payment (§ 6 (1)), delivery times that we specify are calculated from the time of receipt of payment on our account. This delivery period is 14 days if no (other) period is specified for the respective goods on the website.
(2) If no copies of the publications or editions selected by customers are available at the point in time of the order, documenta will notify customers of this fact without delay and by the time of the order confirmation at the latest. If the publication or edition is unlikely to be deliverable, documenta will not formally accept the order. No contract will be concluded in this case.
(3) If the publication or edition specified by customers in the order is only temporarily unavailable, documenta will notify customers of this fact without delay and by the time of the order confirmation at the latest.
4. Retention of title
The goods delivered remain the property of documenta until payment is received in full.
5. Prices, postage and packing
(1) All prices specified on the website https://fridericianum.org/ are quoted exclusive of the currently applicable statutory sales tax.
(2) Separate charges for postage and packing, which will depend on the type of shipping chosen as well as the size and weight of the publications ordered, are specified for customers on the website and are to be paid by customers unless customers have exercised their legal right to cancel the order.
(3) Goods are sent with the postal service. The transit risk is borne by documenta if customers are legally consumers.
(4) If customers cancel their order, they must pay the costs incurred by returning the shipment.
6. Payment options
(1) Payment by invoice (in advance) is the only payment option offered to customers.
(2) The purchase price must be paid immediately after contract conclusion. If the payment due date is a calendar date, customers are considered to be in arrears if they fail to pay by this exact date. In this case, customers shall pay documenta annualised late payment interest at 5 percentage points above the base rate.
(3) This obligation to pay late payment interest on the part of customers does not preclude the assertion of further claims for late payment of damages by documenta.
7. Warranty for quality defects, guarantee
(1) documenta is liable for quality defects according to applicable law, specifically BGB section 434 ff. If customers are businesses, the warranty period for goods supplied by documenta is 12 months.
(2) Any additional guarantee for the goods supplied by documenta is applicable only if this guarantee was expressly mentioned in the order confirmation for the respective goods.
(1) Customers are granted no general right to claim for compensation. This does not apply in the case of customer rights to claim for compensation on the grounds of injury to life, limb or health, or on the grounds of a breach of fundamental contractual obligations. Nor does it apply to liability for other kinds of losses arising from a wilful or grossly negligent breach of obligations on the part of documenta, its legal representatives or vicarious agents.
(2) In the event of the infringement of fundamental contractual obligations, documenta is liable only for foreseeable losses typical for contracts if these were caused by ordinary negligence, except in cases where customer rights to claim compensation for losses are based on injury to life, limb or health.
(3) The limitations applicable to paras (1) and (2) also apply to the benefit of documenta’s legal representatives and vicarious agents if claims are asserted directly against these parties.
(4) The limitations to liability deriving from paras (1) and (2) do not apply in cases where documenta has maliciously concealed a defect or has offered a guarantee for the quality of the merchandise. The same applies in cases where documenta and customers have concluded an agreement about the quality of the merchandise. The provisions of the German Product Liability Act remain unaffected.
9. Notification of right to cancel
(1) When concluding a distance selling contract, consumers always have a legal right to cancellation. Details according to the relevant legislation are provided by documenta below. Exceptions to this right to cancel are covered in para. (2). A sample cancellation form is provided in para. (3).
Notification of right to cancel
Right to cancel
You have the right to cancel this contract within 14 days. You do not need to specify a reason for cancellation.
The period in which you can cancel is considered to be 14 days from the day on which you or a third party you appointed (who is not a carrier) took possession of the goods.
To exercise your right to cancel, you must notify us—namely documenta und Museum Fridericianum gGmbH, Friedrichsplatz 18, 34117 Kassel, Germany, T +49 561 70727-0, F +49 561 70727-39, firstname.lastname@example.org—of your intention to cancel the contract by making a clear statement that you wish to do so (e.g. a letter sent by post, a fax or an email). You can use the enclosed sample cancellation form to make this statement but are not required to do so.
To ensure your cancellation is made correctly, you must send us your notification of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, then we shall repay any payments that we have received from you, including the costs of postage and packing (excepting any additional costs resulting from your choice of a different type of delivery than the least expensive delivery option that we offer as standard) without delay and no later than 14 days from the day on which we received the notification of your cancellation of this contract. In making this repayment, we will use the same payment method that you used for your original transaction, unless we have expressly agreed another payment option with you; we will not charge you a fee for this repayment under any circumstances.
We may decline repayment until we have received our goods again or until you have furnished proof that you have sent the goods back to us—depending on which of these requirements is first fulfilled.
You shall return the goods (by a postal/parcel service or in person) as soon as possible and no later than 14 days from the day on which you notified us of your intention to cancel this contract. The deadline is considered to have been met if you send the goods back before the expiry of the 14-day period.
You shall bear the costs involved in returning the goods to us.
You shall be liable for any potential loss in value of the goods only if this loss in value can be ascribed to incorrect handling of the goods on your part, following an inspection of their condition, properties and functionality.
(2) You are granted no right to cancel in the case of contracts for the supply of audio/video recordings or computer software shipped in sealed packaging, if this seal has been removed after delivery.
(3) documenta also uses the sample cancellation form to inform you about the relevant consumer legislation:
Sample cancellation form
(If you want to cancel the contract of sale, then please complete this form in full and return it to us.)
— To: documenta und Museum Fridericianum gGmbH, Friedrichsplatz 18, 34117 Kassel, Germany, T +49 561 70727-0, F +49 561 70727-39, email@example.com:
— I/we(*) hereby cancel the contract that I/we(*) concluded concerning the purchase of the following goods(*)/the provision of the following service(*)
— Ordered on(*)/received on(*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for paper-based notifications)
(*) Delete if not applicable
10. Final provisions
(1) Contracts between documenta and its customers are governed by the law of the Federal Republic of Germany with the exclusion of UN CISG. Legal limitations on choice-of-law clauses and the applicability of mandatory regulations—especially those of the country in which the customers have their habitual place of residence as consumers—remain unaffected.
(2) If consumers are merchants, legal entities under public law or special funds under public law, then the place of jurisdiction for all disputes arising from the contractual relationships between documenta and its customers is agreed to be Frankfurt am Main.
(3) The legal invalidity of individual provisions of this contract does not affect the validity of its remaining provisions.