ONLINE SALE OF MKG ARTICLES

§1 Validity, definition of terms

(1) Münchener Künstlergenossenschaft royally privileged 1868, Ainmillerstraße 4 80801 Munich, Germany (hereinafter: “MKG”) operates an online Sales platform for MKG articles. The following terms of sale apply to all services between MKG and its customers (hereinafter: „customer“) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) „Consumer“ within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or their independent professional activity.

§2 Formation of the contracts, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders via the MKG online sales platform at https://annual-exhibition.mkg1868.de and https://mkg1868.de.

(2) The product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) When contacting the MKG office (by phone, email or contact form), the following regulations apply: The customer first submits a purchase request. The order is then placed in the following steps:

1. The customer receives an order confirmation with all the necessary information.
2. The written confirmation of this order confirmation incl. Confirmation of the terms of sale and cancellation policy constitutes the binding order
   – the contract is hereby concluded.

(4) In the event of the conclusion of the contract, the contract is concluded with MKG, Ainmillerstraße 4 · 80801 Munich, Germany.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§3 Object of the contract and essential features of the products

(1) With the MKG online sales platform, the subject matter of the contract is:

1. The sale of goods. You can find the specific goods offered on our article pages.

(2) The main features of the goods can be found in the item description.

§4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (payment in advance, PayPal), unless we expressly offer purchase on account. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: approx. 3 working days).

§5 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our cancellation policy .

§7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated a contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.

§8 Contract language

As contract language german will be available exclusively.

§9 Warranty

(1) The warranty is based on the statutory provisions.

(2) In relation to entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.

§10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.