General terms and conditions
(1) The following General Terms and Conditions, in their respective version at the time of the order, apply exclusively to the legal relationships established via this online shop between the Working Group Cemetery and Monument e. V. (hereinafter: Provider) and its customers.
(2) Any differing general terms and conditions of the customer are hereby rejected.
(1) The presentation of the items in the online shop does not constitute a binding offer by the provider to conclude a purchase agreement within the meaning of Sections 145 et seq. of the German Civil Code (BGB). The customer is merely invited to submit an offer by placing an order.
(2) By clicking the "Buy" button on the website, the customer submits a binding offer to conclude a purchase agreement for goods. Before submitting the online order by clicking the "Buy" button, the customer acknowledges these General Terms and Conditions as the sole basis for the legal relationship with the provider by expressly agreeing to them via an agreement button.
(3) The supplier confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by delivery of the goods or shipment to the customer with a second email (shipping confirmation).
(4) Delivery will normally take place within one month of receipt of the order. If the supplier cannot accept the customer's offer, the customer will be informed of the unavailability instead of receiving an order confirmation. Any payments already made by the customer will be refunded immediately.
(5) Orders from abroad cannot be placed online. These can only be made to the fax number or email address specified in the payment terms.
(1) The prices valid at the time of ordering apply. All prices include statutory VAT.
(2) Payment of the purchase price must be made in advance within one week to the supplier's account specified in the payment terms (see Payment Methods). No discount is permitted. For invoices of €25,00 or more, payment via PayPal is also possible (see Payment Methods).
Once the payment has been received in the account, the ordered goods will be shipped. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
(3) When ordering digital media, the ordering process and payment method are the same. After receipt of payment, you will receive an email from the provider with a link to activate the ordered PDF file.
(4) The shipping costs are to be borne by the customer. The price list valid on the internet at the time of the order applies.
(5) If the consumer exercises their right of withdrawal, they shall bear the direct costs of returning the goods.
The delivered goods remain the property of the supplier until full payment has been received.
§ 5 Termination of annual subscriptionsA subscription to the magazine Friedhof und Denkmal can be cancelled at the end of each quarter, subject to a 14-day notice period.
§ 6 Warranty(1) The provider shall be liable for defects in accordance with the statutory provisions.
(2) For contracts with consumers as defined in Section 13 of the German Civil Code (BGB), i.e., where the order cannot be attributed to the customer's commercial or self-employed professional activity, the warranty period is two years from delivery of the goods. For orders from customers who are entrepreneurs as defined in Section 14 of the German Civil Code (BGB), the warranty period is limited to one year.
(1) The supplier shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the supplier shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the supplier shall only be liable for foreseeable damages typical of this type of contract. The supplier shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The aforementioned limitations of liability shall not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects.
(2) The same applies to breaches of duty by our vicarious agents.
(3) Claims under the Product Liability Act remain unaffected.
The customer is only entitled to set-off if their counterclaims have been legally established or are undisputed by the supplier. Furthermore, they are only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 9 Place of performanceThe place of performance for all obligations arising from this contract is Kassel.
§ 10 Special AgreementsSpecial agreements must be in writing.
§ 11 Miscellaneous(1) The contract is concluded exclusively in German. The legal relationship between the customer and the provider is governed by German law, excluding the conflict-of-laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, the law of the customer's place of residence may also apply, provided it contains mandatory consumer protection provisions.
(2) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.
(1) The provider will always respect the copyrights of others and/or use its own or license-free works. The content and works created on these pages are subject to German copyright law. Contributions from third parties are marked as such; they reflect solely the opinions of those third parties and do not necessarily represent the views of the provider.
(2) Reproduction, modification, distribution and any form of exploitation beyond the limits of copyright law require written consent. Downloads and copies of this page are permitted only for private, non-commercial use.
(3) Purchased downloads (e.g., PDF downloads, eBooks, audiobook downloads) are protected by copyright. The provider does not transfer ownership of downloads to the customers. Customers receive the simple, non-transferable right to use the offered titles for exclusively personal use in accordance with copyright law and in the manner offered.
(2) The customer is permitted to download the downloads once and to copy them exclusively for personal use on their own devices of choice. Furthermore, it is not permitted to modify the content or editorial aspects of the downloads in any way, to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, to upload them to the internet or other networks, whether for a fee or free of charge, to reproduce them, to print them, to resell them, or to use them for commercial purposes.
(1) The subject of data protection is personal data. According to Section 3 Paragraph 1 of the German Federal Data Protection Act (BDSG), this is individual information about the personal or factual circumstances of a specific or identifiable natural person. This includes, for example, information such as name, postal address, email address or telephone number, and possibly also usage data such as the IP address.
(2) The provider undertakes to treat the personal data of the customers confidentially in accordance with data protection regulations (in particular BDSG and TMG).
(3) For information on data protection regarding the use of the provider's website, please see below. Privacy Policy.
(4) If a customer has provided their email address to the provider, they will use it exclusively for sending information about the Museum of Sepulchral Culture. Email addresses and address data transmitted to the provider during the ordering process in its online shop will not be passed on to third parties.
Provider and contracting party:
Working Group Cemetery and Monument e. V.
Weinbergstraße 25-27
34117 Kassel
Fax number +49.561.91893-10
Telephone number +49.561.918 93-0
E-mail address: info@sepulkralmuseum.de
club register
The provider is registered in the register of associations of the Kassel District Court under registration number 1078; VAT identification number DE 113092058.
representative
The provider is legally represented by the board of directors, which in turn is represented by the chairman, Mr. Matthäus Vogel, Karlsruhe, and the managing director, Dr. Dirk Pörschmann.
Cancellation policy for consumers for physical products
Right to cancel
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day:
- on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods are delivered together;
- on which you or a third party designated by you, who is not the carrier, took possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
- on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, if you have ordered goods that are delivered in several partial shipments or items.
To exercise your right of withdrawal, you must inform us (Arbeitsgemeinschaft Friedhof und Denkmal e. V., Weinbergstraße 25-27, 34117 Kassel, Fax number +49.561.91893-10, Telephone number +49.561.918 93-0, Email address: info@sepulkralmuseum.de) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose.Withdrawal form but it is not obligatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of cancellation terms
The aforementioned right of withdrawal does not apply.
- in the case of distance contracts for the delivery of newspapers, magazines or periodicals, with the exception of subscription contracts.
- in the case of the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- in the case of the delivery of goods that are not prefabricated and for whose production an individual selection or specification by you is decisive or are clearly tailored to your personal needs.
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity:
Right of Withdrawal
Right to cancel
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The withdrawal period is fourteen days from the date of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Arbeitsgemeinschaft Friedhof und Denkmal e. V., Weinbergstraße 25-27, 34117 Kassel, Fax number +49.561.91893-10, Telephone number +49.561.918 93-0, Email address: info@sepulkralmuseum.de) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose.Withdrawal form but it is not obligatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
Please note:
The right of withdrawal expires prematurely for contracts for the supply of digital content not stored on a physical medium (e.g. PDF downloads, eBooks, audiobook downloads) if the customer has expressly agreed that the performance of the contract will begin before the expiry of the withdrawal period and the customer has acknowledged that by giving their consent they will lose their right of withdrawal upon commencement of the performance of the contract.