Heft zur Debatte um die Berliner Museeuminsel.

Terms and Conditions

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49-89-37 95 44 74
VAT ID: DE274378615

1. General Provisions – Scope of Application
   1.1. These General Terms and Conditions apply to all contracts between us and our customers for the supply of goods. The version in force at the time the contract is concluded shall apply. Individual agreements deviating from these Terms and Conditions shall take precedence.
   1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code – BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB). Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
   1.3. Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless we expressly agree to their application. In relation to entrepreneurs, this shall also apply where we perform delivery without reservation despite being aware of deviating terms and conditions.

2. Condition of the Items Offered
   2.1. Unless expressly designated as new goods, the items offered are used goods, in particular antiquarian books, prints and works of art. For each item offered, its state of preservation and material age-related or use-related characteristics identified in the course of a careful inspection are described as precisely as possible in the respective item description. Despite careful inspection, it cannot be ruled out that individual defects or characteristics not detected during the inspection may be present. In addition, a summary condition classification is provided, in particular as “very good”, “good” or “satisfactory”. The specific item description in conjunction with the stated condition category shall be decisive for the agreed characteristics of the individual item. The customer’s statutory rights in respect of defects remain unaffected.
   2.2. The condition classification alone does not replace the description of specific characteristics or defects. Where, in a consumer-goods sale, a particular characteristic of the goods deviates from the objective requirements for conformity, the consumer will be specifically informed of that particular deviation before submitting their contractual declaration; the deviation must be expressly and separately agreed in the contract (§ 476(1) BGB). The detailed item description and condition classification serve to provide transparent information about the actual condition, but do not replace any separate agreement required under § 476(1) BGB.

3. Conclusion of the Contract
   3.1. The presentation of goods on any of the sales platforms used by us does not generally constitute a legally binding offer, but an invitation to place an order, unless expressly stated otherwise in the respective listing. As our goods are predominantly unique items and are in some cases offered simultaneously through several sales channels, we cannot guarantee that an item offered will still be available when an order is received.
   3.2. By placing an order, the customer submits a binding offer to conclude a purchase contract. An automated confirmation of receipt of the order merely documents that the order has been received and does not constitute acceptance unless acceptance is expressly declared in that confirmation.
   3.3. The contract is concluded when, after checking availability, we expressly accept the customer’s offer or dispatch the goods and confirm dispatch. For certain items, acceptance may, in accordance with clause 5.1, depend on the customer’s express consent to adjusted shipping costs; no purchase contract is concluded until such consent has been given. If the ordered item is no longer available when the order is received, we will inform the customer without undue delay. Any payments already made will in that event be refunded without undue delay. Where, under the binding ordering procedure of a sales platform used by us, the purchase contract is concluded at an earlier point in time, the rules applicable there shall govern the conclusion of the contract; clause 5.1 shall then apply only insofar as a subsequent adjustment of shipping costs is legally permissible and permitted under the platform’s terms and conditions. The customer’s statutory rights in the event that performance becomes impossible after conclusion of the contract remain unaffected.

4. Retention of Title
   4.1. Until the purchase price has been paid in full, the delivered goods shall remain our property in accordance with § 449 BGB. In relation to entrepreneurs, we shall additionally retain title until all claims arising from the ongoing business relationship have been settled in full.
   4.2. In the event of conduct by the customer in breach of contract, in particular default in payment, we shall be entitled to withdraw from the contract in accordance with the statutory provisions. Following effective withdrawal, we may demand the return of the goods subject to retention of title.
   4.3. If the customer is an entrepreneur, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us, and we accept, the claims against its purchasers arising from such resale in the amount of the final invoice amount of our claim. The entrepreneur remains authorised to collect the claim. We may collect the claim ourselves if the entrepreneur fails duly to meet its payment obligations towards us. Mandatory insolvency-law provisions remain unaffected.

5. Prices and Payment
   5.1. All prices stated are in euros and include the applicable statutory value added tax insofar as VAT is payable. Delivery restrictions, available countries of delivery, shipping costs, delivery times, available payment methods and the total price including all price components are shown in the respective listing and again immediately before the order is submitted. For certain items, the shipping costs displayed during the ordering process may be provisional because the final shipping costs depend on the actual weight and dimensions of the item as well as the destination country and, where applicable, the destination region. In such cases, we reserve the right to review the shipping costs after the order has been submitted and to adjust them if necessary. We will inform you without undue delay of the adjusted shipping costs and ask for your express consent to the amended total price. We will accept the order only after you have expressly consented; no purchase contract is concluded before then. If you reject the adjusted shipping costs, no contract is concluded; any payments already made will be refunded without undue delay.
   5.2. Unless otherwise agreed, the purchase price is due upon conclusion of the contract. Where shipping costs are adjusted pursuant to clause 5.1, the final purchase price is determined only upon your consent to the adjusted shipping costs; the due date is governed by the contract then concluded. The statutory provisions apply to the occurrence of default in payment. During default, the statutory rate of default interest is five percentage points above the base interest rate for consumers and, for payment claims in which no consumer is involved, nine percentage points above the base interest rate. The statutory default-payment lump sum applicable to non-consumers and any further statutory claims remain unaffected.
   5.3. The customer may set off counterclaims if they are undisputed, have been finally adjudicated, or arise from the same contractual relationship. Statutory rights of consumers to set-off remain unaffected. The customer may exercise a right of retention insofar as it is based on claims arising from the same contractual relationship.

6. Passing of Risk
   6.1. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes only upon delivery to the consumer or to a third party designated by the consumer and authorised to receive the goods. The statutory exceptions, in particular where the consumer has independently commissioned a carrier not previously named by the entrepreneur, remain unaffected.
   6.2. If the customer is an entrepreneur and the transaction is a sale involving carriage, the risk passes to the entrepreneur upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The statutory provisions concerning default in acceptance remain unaffected.

7. Rights in Respect of Defects / Warranty
   7.1. The statutory rights in respect of defects generally apply. The buyer may demand subsequent performance in accordance with the statutory provisions. The seller’s statutory rights to refuse the type of subsequent performance chosen by the buyer where the statutory requirements are met remain unaffected. Before carrying out subsequent performance in a consumer-goods sale, we will inform the consumer, in accordance with § 475(4) BGB, that the consumer is in principle entitled to choose between repair and replacement pursuant to § 439(1) BGB and that, where subsequent performance is carried out by repair, the original limitation period for claims in respect of defects is extended once by twelve months. In all other respects, the statutory provisions apply.
   7.2. If subsequent performance fails, is impossible or unreasonable, or is dispensable under the statutory provisions, the customer shall be entitled to the further statutory rights in respect of defects, in particular a reduction of the purchase price or withdrawal from the contract and, where applicable, damages. In the case of an insignificant defect, withdrawal is excluded in accordance with the statutory provisions. Clause 9 shall additionally apply to claims for damages.
   7.3. If the customer is a merchant and the purchase constitutes a commercial transaction for both parties, the duties of inspection and notification under § 377 German Commercial Code (HGB) shall apply. The customer must inspect the goods without undue delay after delivery and notify any defect without undue delay insofar as required by § 377 HGB. In all other respects, the statutory provisions apply.
   7.4. The statutory limitation periods for claims in respect of defects apply to consumers. In the case of used goods, the limitation period may be reduced to one year in accordance with § 476(2) BGB, provided that the consumer is specifically informed of the reduction before submitting their contractual declaration and the reduction is expressly and separately agreed in the contract. This clause of these Terms and Conditions alone does not effect such a reduction. Such an agreement will be made only if it is expressly and separately confirmed in the respective ordering process.
   7.5. In relation to entrepreneurs, the limitation period for claims in respect of defects is one year from delivery of the goods, insofar as legally permissible. The reduction does not apply to claims arising from intentional or grossly negligent breach of duty, injury to life, limb or health, fraudulent concealment of a defect, an assumed guarantee, or cases of mandatory statutory liability, in particular under the German Product Liability Act.

8. Cancellation Policy
   The following cancellation instructions apply to consumers in distance contracts insofar as a statutory right of cancellation exists.

8.1 Right of Cancellation
You have the right to cancel this contract within fourteen days without giving 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, took possession of the goods. In the case of a single order for several goods delivered separately, the period begins upon receipt of the last item; where goods are delivered in several partial consignments or pieces, upon receipt of the last partial consignment or the last piece. To exercise your right of cancellation, you must inform us:

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49 (0)89 37 95 44 74

by means of an unequivocal statement (e.g. a letter sent by post or an email) of your decision to cancel this contract. You may use the model cancellation form below, but this is not mandatory.

Where an electronic cancellation function is required to be provided for a contract concluded via an online user interface, you may also exercise your right of cancellation online using the cancellation function provided for this purpose on the respective sales platform. You will find the specific access to this cancellation function at the location designated for this purpose by the respective sales platform. If you use this online function, you will immediately receive, on a durable medium (e.g. by email), an acknowledgement of receipt containing information on the content of the cancellation declaration and the date and time of its receipt. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right of cancellation before the cancellation period has expired.

8.2 Effects of Cancellation
If you cancel this contract, we shall reimburse all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract.

We will make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have sent the goods back, whichever is the earlier.

You must send back 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 inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct cost of returning the goods. This does not apply if we have expressly agreed to bear those costs. You are liable for any diminished value of the goods only where that diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.3 Model Cancellation Form
If you wish to cancel the contract, you may complete and return this form:

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49-89-37 95 44 74

I/We () hereby give notice that I/We () cancel the contract concluded by me/us () for the purchase of the following goods:
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
() Delete as appropriate.

1. Liability
   9.1. We shall be liable without limitation in cases of intent and gross negligence and for damage arising from culpable injury to life, limb or health. Liability shall also not be limited where we have expressly assumed a guarantee or are liable under mandatory statutory provisions, in particular under the German Product Liability Act.
   9.2. In the event of a slightly negligent breach of a material contractual obligation, the performance of which is essential for the proper execution of the contract and on compliance with which the contracting party may regularly rely, our liability shall be limited to the foreseeable loss typical for this type of contract at the time the contract was concluded. In all other respects, our liability for damage caused by slight negligence is excluded. The exclusions and limitations of liability under this clause 9 do not apply in the cases specified in clause 9.1. They also apply for the benefit of our legal representatives and vicarious agents.

2. Data Protection
   10.1. We process personal data in accordance with the applicable data protection laws. Further information on the nature, scope, purposes, legal bases, recipients, retention periods and rights of data subjects is provided in the separate Privacy Policy reproduced following these Terms and Conditions.
   10.2. Data processing by the sales platforms used by us and by independently responsible payment service providers is additionally governed by their respective privacy policies.

3. Final Provisions
   11.1. The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
   11.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered place of business shall – insofar as legally permissible – be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. In all other respects, the statutory places of jurisdiction apply.
   11.3. Should individual provisions of these Terms and Conditions be or become wholly or partly invalid, the remainder of the contract shall remain valid. The statutory provisions shall take the place of invalid provisions.
   11.4. Consumer dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

Cancellation Policy

The following cancellation instructions apply to consumers in distance contracts insofar as a statutory right of cancellation exists.

1.1 Right of Cancellation
You have the right to cancel this contract within fourteen days without giving 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, took possession of the goods. In the case of a single order for several goods delivered separately, the period begins upon receipt of the last item; where goods are delivered in several partial consignments or pieces, upon receipt of the last partial consignment or the last piece. To exercise your right of cancellation, you must inform us:

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49 (0)89 37 95 44 74

by means of an unequivocal statement (e.g. a letter sent by post or an email) of your decision to cancel this contract. You may use the model cancellation form below, but this is not mandatory.

Where an electronic cancellation function is required to be provided for a contract concluded via an online user interface, you may also exercise your right of cancellation online using the cancellation function provided for this purpose on the respective sales platform. You will find the specific access to this cancellation function at the location designated for this purpose by the respective sales platform. If you use this online function, you will immediately receive, on a durable medium (e.g. by email), an acknowledgement of receipt containing information on the content of the cancellation declaration and the date and time of its receipt. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right of cancellation before the cancellation period has expired.

1.2 Effects of Cancellation
If you cancel this contract, we shall reimburse all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract.

We will make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have sent the goods back, whichever is the earlier.

You must send back 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 inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct cost of returning the goods. This does not apply if we have expressly agreed to bear those costs. You are liable for any diminished value of the goods only where that diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

1.3 Model Cancellation Form
If you wish to cancel the contract, you may complete and return this form:

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49-89-37 95 44 74

I/We () hereby give notice that I/We () cancel the contract concluded by me/us () for the purchase of the following goods:
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
() Delete as appropriate.

Privacy Policy

1. Controller
   The controller within the meaning of the General Data Protection Regulation (GDPR) is:

Hieronymus Rare Books & Fine Art
Owner: Dr. Fabian P. Huber
Poetschnerstrasse 11
80634 Munich
Germany
E-mail: f.huber@antiquariat-hieronymus.de
Telephone: +49-89-37 95 44 74

1. Source and Categories of Personal Data Processed
   We sell goods through the sales platforms ZVAB/AbeBooks, Booklooker and Antiquariat.de. When an order is placed through one of these platforms, we receive from the respective platform operator the personal data required to process and fulfil the order. This may include, in particular, the customer’s name, billing and delivery address, contact details, order and item data, order number and information required for payment processing. The platform operators process personal data within their respective platforms under their own responsibility and in accordance with their own privacy policies. We generally have no influence over the nature and scope of such independent processing. Where we receive personal data not directly from you but via a sales platform, the respective sales platform is the source of that data.

2. Purposes and Legal Bases of Processing
   We process personal data transmitted to us or provided directly by you for the initiation, performance and processing of the purchase contract, in particular for processing the order, customer communications, invoicing, allocation of payments, delivery, and handling enquiries, cancellations, returns and claims in respect of defects. The legal basis is Art. 6(1)(b) GDPR.
   Where processing is necessary to comply with legal obligations, in particular commercial-law and tax-law recording and retention obligations, processing is carried out on the basis of Art. 6(1)(c) GDPR. Where, exceptionally, data is processed for the establishment, exercise or defence of legal claims, processing may be based on our legitimate interest in pursuing and defending legal claims pursuant to Art. 6(1)(f) GDPR. The provision of personal data required for processing the contract is necessary for the conclusion and performance of the purchase contract. Without this information, we cannot process the relevant order.

3. Payment Processing
   For payment by invoice, advance payment or bank transfer, we process the information required to allocate and record the payment. This may include, in particular, the payer’s name, bank account details, payment amount, payment reference and booking date. The legal basis is Art. 6(1)(b) GDPR; payment and accounting records that are subject to statutory retention requirements are subsequently stored on the basis of Art. 6(1)(c) GDPR. Where credit card payments are offered through the respective sales platform, they are processed by the platform or the payment service providers used by it. As a rule, we do not receive full credit card details. Processing there is additionally governed by the privacy policies of the respective platform or payment service provider.
   Where payment is made via PayPal, the data required for payment processing is transmitted to and/or processed by PayPal. PayPal processes the data under its own data-protection responsibility. We process transaction and payment information transmitted to us by PayPal only insofar as this is necessary to process and document the payment. The legal basis for our processing is Art. 6(1)(b) GDPR; statutory retention obligations are based on Art. 6(1)(c) GDPR.

4. Shipping
   For delivery of the ordered goods, we transmit the data required for shipping to the respective shipping service provider. This includes, in particular, the name and delivery address and – only insofar as required and intended for the specific shipping process – further contact details. The transmission is made for the performance of the purchase contract on the basis of Art. 6(1)(b) GDPR.

5. Recipients of Personal Data
   Recipients of personal data may include – in each case only to the extent necessary for the specific purpose – shipping service providers, participating banks and PayPal or other payment service providers. Where, in connection with order processing, data is transmitted back to the sales platform used by us or processed there, such processing is additionally governed by the privacy policy of the respective platform. Any further disclosure will take place only where required by law, necessary for performance of the contract, based on another legal basis, or where you have given your consent. Depending on the processing operation, we, the respective platform operator, payment service provider or shipping service provider may be a controller for data-protection purposes. We are the controller within the meaning of the GDPR for processing operations carried out by us ourselves, in particular receipt and storage of order data, invoicing, allocation of payments, delivery, and handling enquiries, cancellations, returns and claims in respect of defects. The respective allocation of roles depends on the specific data flow and the contracts or terms of use of the platform concerned. Where, in an individual case, we transfer personal data to recipients outside the European Union or the European Economic Area, this will take place only in compliance with the requirements of Arts. 44 et seq. GDPR, in particular on the basis of an adequacy decision under Art. 45 GDPR, appropriate safeguards under Art. 46 GDPR or – where applicable – a statutory derogation under Art. 49 GDPR. Independent transfers to third countries by sales platforms or payment service providers are governed by their respective privacy information.

6. Local Storage and Retention Period
   Invoice and customer data are managed locally by us. We do not use an external cloud service to store customer and invoice data for this local administration. Personal data is stored only for as long as necessary for the respective processing purposes. Where commercial-law or tax-law retention obligations apply, the documents and data concerned are retained for the period prescribed by law. After expiry of the applicable periods, the data is deleted unless, exceptionally, it is still required for the establishment, exercise or defence of legal claims or another legal basis permits continued storage. Specifically, we generally retain commercial and business correspondence for six years and accounting records for eight years, unless a longer statutory retention period or another statutory obligation to retain them applies in the individual case (§ 257 HGB, § 147 German Fiscal Code – AO; for invoices additionally § 14b German VAT Act – UStG). The respective period generally begins at the end of the calendar year in which the commercial or business correspondence was received or sent, the accounting record was created, or the invoice was issued. Statutory provisions requiring documents to be retained for longer in individual cases remain unaffected.

7. Data Security
   We take appropriate technical and organisational measures to protect the personal data processed by us against loss, unauthorised access, unauthorised alteration or disclosure. The protection of data transmission and platform accounts is additionally governed by the security measures of the respective platform and payment providers.

8. Rights of Data Subjects
   Subject to the statutory requirements, you have in particular the right of access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR) and data portability (Art. 20 GDPR). Where processing is based on Art. 6(1)(f) GDPR, you may object to the processing under the conditions set out in Art. 21 GDPR.
   Where processing is based on your consent, you may withdraw that consent at any time with effect for the future. The lawfulness of processing carried out prior to withdrawal remains unaffected.

9. Right to Lodge a Complaint with a Supervisory Authority
   Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a data protection supervisory authority if you consider that the processing of your personal data infringes the GDPR. In particular, you may contact the supervisory authority responsible for our place of business or any other supervisory authority competent under Art. 77 GDPR.

10. Automated Decision-Making
    We ourselves do not carry out any decision-making based solely on automated processing, including profiling, within the meaning of Art. 22 GDPR in connection with the contractual processing described above. Independent checks or automated procedures carried out by sales platforms or payment service providers are governed by their respective privacy policies.

11. Amendments to this Privacy Policy
    We amend this Privacy Policy if the processing activities carried out by us, the service providers used or the legal requirements change. The version currently in force shall apply.