Terms and conditions and Information on the right of withdrawal of Archaeform GmbH
1. Scope and definitions
1.1. The Archaeform GmbH operates and manages an Online Museum Shop. Archaeform offers a select range of fine and high-quality products that are designed and implemented in collaboration with the largest and most well-known museums of the world. With every object that you buy you get a living piece of history - exclusively and only available through us and the museum shops that we supply.
For over 15 years we have built up a network of manufacturers who implement our collection of high-quality in museum quality and according to our terms of sustainability and environmental compatibility. We are happy to individually make for you products in the shape and design of your choice.
Our expert staff are archaeologists, art historians and designers contact who make quality and current museum shop products.
1.2.
The terms and conditions apply to all services between Archaeform GmbH, represented by CEO Mr. Tobias Krämer, Goethestraße 26 a, 14163 Berlin, Deutschland and a consumer or business customer.
"Consumer" within the meaning of these terms and conditions shall mean any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
“Business customers” are users who engage in commercial or independent business operation on our website.
2. Ordering Process
2.1. The presentation of goods in our online shop is not a legally binding contract offer, but only a non-binding invitation to consumers to order goods. By ordering the selected goods, the consumer makes a binding offer to conclude the sale.
2.2. The user can review his or her selection of images on the page “order overview” and correct them if necessary. In the order summary you can click on "Buy Now" to make a binding declaration of wanting to get the products you have selected at the conditions stated on the website and in this License Agreement, and that you want to pay the specified fee.
2.3. To let you know that we have registered your clicking on "Buy Now", you will get an immediate confirmation of receipt by e-mail. With this e-mail or as an attachment you will receive these Terms and Conditions, the license agreement, and the Terms of use which you can then save and print out. Archaeform will send that information again later upon your request. A binding contract is made only when you receive an order confirmation by the end of the next business day after placing your order.
If a particular item is not available, you will be informed by us immediately.
2.4. The terms and conditions apply at any time, see also under http://www.archaeform.de/agb.
3. Instructions on right of withdrawal and model withdrawal form
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period shall be fourteen days from the date the contract is concluded or from the date on which you or one of your representatives, other than the carrier, have taken possession of the last installment or the last piece, depending on which is the later.
To exercise your right, you have to inform us at Archaeform GmbH, represented by CEO Mr. Tobias Krämer, Goethestraße 26 a, 14163 Berlin, Deutschland by means of a clear declaration (z. B. a consigned letter by mail or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form which is not compulsory.
To keep within the withdrawal period it is sufficient that you send your communication concerning the exercise of the right to withdraw before the withdrawal period has ended.
Effects of withdrawal
If you withdraw from this contract, we will reimburse you with all payments we receive from you, including the costs of delivery (with the exception of the additional costs arising from a different method of delivery than the standard fare offered by us), and repay at the latest within fourteen days from the date on which the notification about your cancellation of this contract has been received by us. For the reimbursement of money already paid, we use the same method of payment that you used in the original transaction, unless you expressly stated otherwise; in any case you will be charged with the fees for that repayment. We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods immediately and not later than fourteen days from the date on which you inform us about the cancellation or since delivery, whichever is the earlier. You bear the direct cost of returning the goods. You only have to pay for a diminished value of the goods when this decrease in value is due to a test of the goods which was not necessary to assess the nature, characteristics and functioning of the products.
If you asked for the service to begin during the withdrawal period, you have to pay us a reasonable amount in the proportion of services rendered compared with the overall level of services provided by the agreement up to the date on which you notify us of the right of withdrawal.
****************************************************************End of instructions on right of withdrawal
Model withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back to us.)
Archaeform GmbH,
represented by CEO Mr. Tobias Krämer,
Goethestraße 26 a,
14163 Berlin, Deutschland:
I / We (*) hereby give notice (s) to withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*) / for the supply of digital content which is not on a are delivered physical media (*)
Ordered on (*) / received on (*) ____________________________________________
Name / consumer (s) ____________________________________________________
Address of / consumer (s) ________________________________________________
Date, signature of / consumer (s) (only with message on paper) _____________________________________________________________________
(*) Delete where inapplicable.
4. Prices, delivery, time of payment
4.1. The purchase price is due upon receipt of the order confirmation.
4.2. The prices include VAT. Shipping costs will be added. Shipping costs are specified in the product description and are shown separately on the invoice.
4.3. You have the option to either pay by bank transfer or by PayPal.
Bank Transfer: Upon receipt of your order we will send you an order confirmation via e-mail. This indicates our bank. Please transfer the sum as mentioned in the e-mail invoice. Once the sum has been credited to our account, we will send the ordered goods to you.
PayPal: Choose PayPal in the shopping cart. Then you settle the amount via your PayPal account.
5. Retention of Title
Until full payment the delivered goods remain property of Archaeform GmbH. In case you fall behind with payment for more than 10 days, we reserve the right to terminate the contract and recover the goods.
6. Data Protection
We use the data you provide to fulfill and settle your order. Your data will be transferred to the shipping company to the extent necessary to deliver the goods. A transfer of your data to any other third parties or a usage for advertising purposes does not take place. Your data will be deleted by us as soon as the purpose for which it was communicated to us is fulfilled.
7. Liability
7.1. Archaeform does not warrant that the online service is always available and runs entirely without bugs or viruses. Archaeform is only liable for damages based on intent or gross breach of duty or gross negligence in fulfilling an essential contractual obligation by Archaeform, their agents, employees or assistants. This does not affect our liability under the Product Liability Act and for any guarantees for the quality of the product. The limitation of liability does not apply to physical injuries, in cases of death or damage to health. In such cases Archaeform is fully liable.
7.2. The Service and content are distributed on an “As is, as available” basis. None of the following parties, including Archaeform, third party content providers and their respective agents make any warranties of any kind, either express or implied, including – without limitation – warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service.
7.3. The liability is limited to the amount of damage typical for the contract.
8. Available languages
The languages of the contract are German and English. In case of conflicts the German version is legally binding.
9. Subject to Change
Archaeform reserves the right to change the terms and conditions and the Privacy Policy at any time. Users will be informed by Archaeform via E-mail.
10. Use of Content
By using our Services you acknowledge that they contain information, software, photographs and video clips, graphics, links, and other material - “Content” – that is protected by copyright, trademark, or other proprietary rights of Archaeform or third parties. All Content is copyrighted as a collective work of Archaeform according to applicable copyright law. You may download Content in the public domain for your own personal use or for non-commercial redistribution.
11. Final Provisions
11.1. The applicable law is German law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
11.2. Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of Archaeform. In the event that the client does not have general jurisdiction in Germany or transferred their place of work or habitual residence after conclusion of the contract abroad, the place of jurisdiction shall be the main place of business of Archaeform.
Update September 2015
