Terms And Conditions

Terms and Conditions

1 Conclusion of Contract and Subject Matter of the Contract

1.1 Our deliveries, services, offers, and all other contractual agreements are exclusively based on these General Terms and Conditions in their current version. You have the option to conclude the purchase agreement in either German or English. Deviating provisions, especially the terms and conditions of contractual partners, only apply if their applicability is expressly and in writing acknowledged by Universal Art Group (hereinafter also referred to as "UAG") before the conclusion of the contract by signature on them. UAG is not obliged to object to contract forms or terms and conditions of the contractual partners, even if the validity of these terms is named as an express condition for the conclusion of the business transaction. UAG declares that it intends to contract exclusively based on these General Terms and Conditions. These Terms and Conditions also apply to business relationships mediated or concluded by sales agents authorized by UAG.

1.2 The presentation of the products on the website LINK or in the catalog does not constitute a legally binding offer. An order is placed by the customer via email, fax, or mail. Confirmation of the receipt of your order occurs together with the acceptance of the order immediately after receiving your order by sending an email or a written order confirmation. With this email confirmation or order confirmation, the purchase contract is concluded. The publisher is free at any time to accept or reject orders/offers.

1.3 For submitting an offer, the customer must go through the following steps:
– Select the desired product;
– Provide billing and delivery address;
– Select the desired payment method;
– Zusammenfassung der Bestelldaten;
– Summarize order details;
Submit the order. Acceptance by us takes place in accordance with section 1.2 (see above).

1.4 When submitting an offer, we store the contract text and, if the customer is a consumer according to § 13 BGB (German Civil Code), send it to the customer, along with the applicable General Terms and Conditions, in text form (e.g., email, fax, or letter) after the order is submitted. If the customer is an entrepreneur according to § 14 BGB, the reference to the General Terms and Conditions will be made by providing a link where the Terms and Conditions are available on the internet.

2 Prices

The price to be paid by the customer is derived from our current price list. The price list is sent to the customer upon request by mail, fax, or email, or the current prices are communicated on telephone inquiry. The listed prices are total prices that include statutory VAT. Delivery and shipping costs are not included. The publisher reserves the right to make changes regarding the listed prices in catalogs, brochures, price lists, and on the website. The prices specified are guaranteed to the customer, unless otherwise stated, until the specified date. The purchase price is due immediately, in gross amount, without any discount upon delivery.

3 Payment Methods, Shipping Costs, and Default in Payment

Goods are shipped after prepayment unless "purchase on account" is agreed upon. For deliveries abroad, prepayment is always required. We will provide the customer with our bank details after the contract has been concluded by email. Once the invoice amount has been credited to the account, we will initiate the dispatch of the purchased goods. The customer will be notified by email about the payment receipt and the handover to our shipping service.

We also offer cash on delivery, where the amount is collected by the shipping company upon delivery of the package.

In case of payment by direct debit, the payable amount will be debited from the customer’s account. In case of a direct debit revocation or insufficient funds in the account, we charge the bank fees incurred (currently EUR 10.00) plus internal costs incurred, at least EUR 20.00, to the customer. Regardless of this, we are entitled to withdraw from the purchase agreement.

Shipping takes place after the payment amount has been credited to us by the respective payment service or after the notification of the transfer/execution of the transfer to us.

We reserve the right to accept or exclude other payment methods depending on the individual case, particularly for customers from abroad or deliveries to foreign countries.

The buyer is obligated to pay default interest at the rate of 5% points above the base interest rate – if the buyer is a business within the meaning of § 14 BGB, at the rate of 9% points above the base interest rate – of the overdue invoice amount. Additionally, fees of EUR 5.00 gross apply for the first and second reminder. The buyer is allowed to prove a lower damage.

4 Order Processing

After receiving the order, the customer will receive an email or order confirmation with all the necessary data for processing the contract. If this email or order confirmation does not arrive, they must inform us to ensure or ensure the prompt delivery of the relevant email or order confirmation.nn.

5 Customer Cooperation

The customer must ensure that their personal data provided during the order and contract conclusion, especially the reachable email address and delivery address, is correct for the fulfillment of the contract. The customer must also ensure that receiving emails at the provided email address is technically possible and not blocked by forwarding, deactivation, or capacity limitations.

6 Retention of Title

The delivered goods remain the property of the publisher until full payment of all claims arising from the business relationship between UAG and the buyer. Pledging or assigning the goods as security is not permitted before the transfer of ownership. Commercial customers are allowed to resell the goods in the regular course of business. In this case, all claims arising from the resale, in the amount of the invoice, are already assigned to UAG. UAG accepts the assignment. The customer remains authorized to collect the claims. If the customer fails to fulfill their payment obligations, UAG reserves the right to collect the claims themselves.

7 Warranty Claims

If the goods delivered by us have defects, the statutory warranty provisions apply. The customer may initially demand supplementary performance. If supplementary performance fails, the customer has further warranty rights according to their choice. The customer should notify the defects of the goods in as much detail as possible. If the customer is an entrepreneur within the meaning of § 14 BGB, we, as the seller, have the choice of the type of supplementary performance. Claims for defects expire one year after delivery of the goods to the customer.

8 Right of Withdrawal for the Customer and Universal Art Group

If operational disruptions (e.g., the ordered item is out of stock) prevent us from delivering the purchased goods within 14 days of payment receipt, the customer is entitled to withdraw from the contract. Other statutory withdrawal rights remain unaffected.

In case of typing, printing, or calculation errors in the brochure and/or on the website, we reserve the right to withdraw from the contract.

9 Set-off / Right of Retention

If the buyer is an entrepreneur within the meaning of § 14 BGB, a set-off or assertion of a right of retention against claims from UAG is not permitted, unless the claims are undisputed or legally established.

10 Right of Withdrawal for the Customer

The customer has a right of withdrawal according to section 16. However, this right does not apply to contracts for the delivery of goods made according to customer specifications, clearly tailored to the customer’s personal needs, or goods that, due to their nature, are not suitable for return (§ 312 g Abs. 2 Nr. 1 BGB). UAG explicitly marks such contracts in the order confirmation as individual or custom-made products.

11 Liability

Unless expressly stated otherwise, the following liability provisions apply to Universal Art Group, as well as its legal representatives, employees, and vicarious agents.

The following liability limitations also apply correspondingly for direct claims of the customer against the legal representatives, employees, and vicarious agents of Universal Art Group.

Universal Art Group is liable:

– According to statutory provisions where mandatory legal regulations apply (e.g., Product Liability Act), for culpable injury to life, body, and health, as well as for intentional and grossly negligent damages.

– For property and financial damages due to slight negligence violating a cardinal obligation or a significant contractual duty, for each damage-causing event, the typical and foreseeable damage. The contractually foreseeable damage is considered to be a maximum of EUR 500 per individual case.

Otherwise, the liability of Universal Art Group for property and financial damages is excluded.

The customer’s contributory negligence will be accounted for.

12 Edition Guarantee, Edition Numbers

12.1 The limited edition of facsimile editions is worldwide limited. Orders placed after the limited edition is sold out cannot be considered by UAG.

12.2 The buyer has no claim to a specific edition number. Edition numbers are assigned freely by UAG.

13 Applicable Law and Jurisdiction

13.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the UN Sales Law. For consumers, this choice of law applies only to the extent that the mandatory protection provided by the laws of the state in which the consumer has their habitual residence is not deprived of it.

13.2 If the contracting partner is an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction and performance for all legal disputes arising from the contract between UAG and the contracting partner is Simbach am Inn. UAG is also entitled to sue the customer at their place of residence. The contracting partner must comply with the German pricing regulations in the case of resale.

14 Final Provisions

Changes or additions to the concluded purchase contract must be made in text form; this also applies to the waiver of the text form requirement. There are no subsidiary agreements.

15 Partial Invalidity

If individual provisions are invalid, the validity of the remaining provisions remains unaffected. Otherwise, the distance selling law in the latest version applies without restriction.

16 Right of Withdrawal Notice

Right of Withdrawal for Consumers

Consumers have a right of withdrawal according to the following regulations. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade or professional activity:

Withdrawal Notice

Widerrufsrecht

You have the right to withdraw from this contract within fourteen days without providing any reasons. The withdrawal period is fourteen days from the day:

– on which you or a third party appointed by you, who is not the carrier, has taken possession of the goods, or

– if you have ordered multiple goods under a single order and the goods were delivered together, the day on which you or a third party appointed by you, who is not the carrier, has taken possession of the last item.

If more than one of the above applies, the withdrawal period begins when you or a third party appointed by you, who is not the carrier, has taken possession of the last item.

To exercise your right of withdrawal, you must inform us:

Verlag Müller & Schindler e.K.
Owner:Charlotte Kramer
Innstraße 7
D-84359 Simbach am Inn
Tel.: +49 (0)8571 926129
Fax.: +49 (0)8571 8533
E-Mail: info@muellerundschindler.de

by an unambiguous statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including the cost of delivery (with the exception of any additional costs arising from choosing a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we receive your notice of withdrawal. We will use the same payment method for the refund that you used for the original transaction, unless expressly agreed otherwise; in no case will you incur any fees due to the refund.

We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever comes first.

You must return the goods without undue delay and no later than fourteen days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the cost of returning the goods.

You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods that was not necessary for checking the condition, characteristics, and functionality of the goods.

End of the Withdrawal Notice

Sample Withdrawal Form

17 Data Privacy Consent

17.1. The customer agrees that Müller & Schindler processes their personal data, namely name, address, birthdate, telephone number, email, profession, ordered products, delivery date, payment processing data, and customer status, for the purpose of sending advertisements and contacting the customer by phone regarding the products and services offered by UAG in the art and educational sectors, as well as for customer care and processing future orders. The customer also agrees to the electronic and postal sending of promotional materials and phone contact.

17.2. This consent may be withdrawn at any time by writing to Universal Art Group, Attn: Charlotte Kramer, Innstraße 7, 84359 Simbach am Inn.

17.3. No further sharing of customer data with third parties occurs.

18 Information according to § 36 VSBG

We are neither obligated nor willing to participate in dispute resolution procedures before consumer dispute resolution bodies.

Date: September 2018