General Terms and Conditions
§ 1 Area of validity
Solely these General Terms and Conditions apply to all deliveries of Bayerische Verwaltung der staatlichen Schlösser, Gärten und Seen (hereinafter referred to as SV).
§ 2 Contracting parties
The purchase contract materialises with the state of Bavaria, represented by SV, (Schloss Nymphenburg, entrance 16, 80638).
§ 3 Conclusion of contract
The presentation of the products in the online shop is not a legally binding offer but rather an invitation to place an order. All the products offered are delivered "while stocks last", unless otherwise noted alongside the products. Errors excepted. Your online purchase order is binding and will be automatically confirmed by e-mail. This notification merely confirms the receipt of the purchase order, the purchase contract materialises only once the order is confirmed/the goods are delivered.
In § 4 are special remarks for consumers who enter into the contract by e-mail, letter, fax or phone.
§ 4 Right of cancellation
Consumers (Section 13 of the German Civil Code) have a statutory right of cancellation.
(1) The customer can cancel the contract within 2 weeks without giving any reasons in text form (e.g. letter, fax or e-mail) or by returning the item. This period begins at the earliest upon receipt of this notice but not before receipt of the goods. This period is deemed observed if the cancellation or the item is dispatched in good time. The cancellation or the return delivery is to be sent to:
Bayerische Verwaltung der staatlichen Schlösser, Gärten und Seen
Schloss Nymphenburg, Eingang 16
80638 Munich, Germany
Telefax +49 89 17908-1 90
Consequences of cancellation
(2) In case the cancellation is effective, the performance received on both sides must be returned. The customer must return the goods. Only items that cannot be sent by parcel post shall be collected from the customer.
(3) The customer shall surrender any benefits derived. In particular, he must pay the value for permission to use the item until it is returned. If the customer cannot return the goods in whole or in part or can only return them in a worse state, the customer shall pay compensation for the loss in value. Major deteriorations are particularly soiling of the goods, ripped, removed or damaged pages etc. This does not apply to items provided if the deterioration of such items is solely attributable to the examination thereof - such as would have been possible in a shop. The duty to compensate the loss in value can possibly be avoided if the customer does not use the item like an owner and refrains from anything that could lower the value of the goods.
(4) After the return and receipt of the goods by SV, SV shall reimburse the purchase price to the customer if the customer has already paid it. The customer shall notify his banking connection to SV for this purpose.
(5) If goods are returned, the customer shall pay the costs for such return if the delivered goods are as ordered.
Exclusion of the right of cancellation
(6) The customer has no right of cancellation in the cases set out under Section 312 d of the German Civil Code, in particular for orders for newspapers and magazines, for goods made according to the customer's specifications or for the delivery of audio or video recordings or software if the data carriers delivered are no longer sealed.
§ 5 Shipping costs
The delivery is effected at the customer's expense. The customer shall pay a flat delivery charge based on the weight and country according to the currently applicable price list of SV. In case of deliveries of goods to a destination abroad, the customer shall pay any taxes and duties incurred.
If goods are returned, the customer shall pay the costs for such return if the delivered goods are as ordered.
§ 6 Delivery
(1) Delivery within Germany is carried out with DHL. The delivery period is usually 3-4 workdays. A delivery period of at least one week must be expected for deliveries abroad.
(2) SV is entitled to effect part deliveries. In this connection the dispatch costs are charged only once. If SV effects part deliveries, it shall notify the customer of this in advance in a delivery schedule that states the delivery dates of each of the part deliveries.
§ 7 Prices and terms of payment
The prices valid on the date of the order are charged. All the prices stated include statutory value-added tax. Additional services are charged separately. Payment of the goods is effected either on receipt of invoice, by direct debit (only SEPA bank account), cash in advance or by credit card. To protect ourselves against any credit risk, we must reserve the right to only carry out the requested delivery cash in advance. In case of all transfers, the customer bears the costs incurred for the transfer. Payment is deemed to have been made once SV can actually dispose of the amount. Costs incurred as a result of cancellation, return or the non-payment of transfer orders or direct debits shall be borne by the customer.
Payment against invoice
The invoice amount is due and payable after receipt of the goods; in case of part deliveries after receipt of the last part delivery. If the customer is in arrears with payment, he is obliged to compensate SV for the damage caused by the delay according to statutory provisions. In particular, the customer shall reimburse to SV a flat rate of EUR 5.00 for each reminder and the statutory default interest according to Section 288 of the German Civil Code.
For new customers, an invoice for an advance payment shall be issued for orders exceeding a maximum limit of EUR 100.00. This limit applies to the entire customer account and also includes outstanding invoices from earlier orders. Goods shall be dispatched only after payment.
Payment by direct debit or credit card
The invoice amount is collected by direct debit or your credit card is debited using the debit text SCHLOESSERVERWALTUNG MUENCHEN immediately after the order confirmation/delivery of the goods.
Payment in advance
The goods are usually dispatched one day after receipt of payment on our account.
|Bank code:||700 500 00|
|SWIFT / BIC code:||BYLADEMM|
§ 8 Reservation of ownership
The goods remain the property of SV until payment in full.
§ 9 Rights of the customer in case of defects
If the goods are defective, SV shall generally effect supplementary performance by replacing such goods with an item free from defects. If supplementary performance rendered twice is abortive and the damage is not insignificant, the customer may, at his choice, either reasonably reduce the purchase price or withdraw from the contract.
§ 10 Data protection
The customer consents to the saving, processing and use of the data provided by him for contractual purposes in compliance with data protection laws during the ordering process. The customer's data is not disclosed to third parties, unless this is necessary for delivery of the goods. Detailed information on data privacy is provided under "Privacy notice”.
§ 11 Place of jurisdiction / applicable law
The contract is governed by the laws of the Federal Republic of Germany. When the customer does not have his general place of jurisdiction in Germany, the place of jurisdiction is the official business location of SV, Munich / Germany, agreed.
Online Dispute Resolution
If you've had a problem with something you've bought online, you can use this site of the European Commission to try to reach an out-of-court settlement: http://ec.europa.eu/consumers/odr/
You can only use it if you live in the EU and the trader is based in the EU.