Terms and Conditions

General Terms and Conditions of Business
for the online shop www.quittenbaum.info

Quittenbaum Kunstauktionen GmbH
Theresienstr. 60,
D-80333 München
(hereinafter called the "Vendor") and its customers.


§ 1 General 

  1. The following General Terms and Conditions of Business are applicable to all business relations between the Vendor and the customer. The version valid at the time of entering into the contract is authoritative.
  2. The users in the sense of these terms and conditions of business are natural persons with whom business relations are established, without their being able to to be assigned a commercial or independent occupational activity. The contractors in the sense of these terms and conditions of business are natural or legal persons or business partnerships having legal capacity, with which business relations are established and which act in the exercise of their commercial or independent occupational activity. Customers in the sense of these terms and conditions of business are both users and contractors.
  3. Divergent, opposing or complementary General Terms and Conditions of Business are not an integral part of this contract, unless their validity is expressly agreed to in writing.

§ 2 Entering into the contract

  1. The offers of the vendor are without engagement and non-binding. Due to the limited representational posssibilities online, ordered goods can vary slightly from those portayed on our website. In particular in terms of differences in colour.
  2. By clicking on the "Submit" button, the customer issues a binding order for the goods contained in the shopping basket. The vendor will immediately confirm receipt of the order of the customer. The confirmation of receipt does not constitute a mandatory acceptance of the order. The purchase contract does not arise with the order acknowledgement, but only on the sending of a confirmation of delivery or the delivery of the goods. The acceptance of a telephone order does not constitute the mandatory acceptance of the Vendor, insofar as it is not agreed otherwise.
  3. The Vendor is entitled to accept the contract offer in the order within eight days. In the case of electronically ordered goods, the Vendor is entitled to accept the order within three working days of receipt by the Vendor. The acceptance occurs immediately if the Vendor delivers the ordered goods within this time period. The Vendor is entitled to decline the acceptance of the order – for instance, after checking the creditworthiness of the customer.
  4. The entry into the contract occurs with the proviso that, in the case of incorrect or improper self-delivery, it will not be performed or will only be partially performed.This applies only in cases where the non-delivery is not attributable to the Vendor. In the event of the non-availability or only partial availability of the goods, the customer must be informed immediately. The consideration must be refunded immediately.
  5. 5. Minors are not entitled to order goods.
  6. 6. If the customer orders the goods electronically, the contract text is stored by the Vendor and sent to the customer together with the legally effective General Terms and Conditions of Business by e-mail after entering into the contract.

§ 3 Reservation of ownership

  1. For users, the Vendor retains the ownership of the goods until the purchase price has been paid in full. For contractors, the Vendor reserves ownership of the goods until full settlement of all of the outstanding sums of a business relationship in progress.
  2. The customer is obliged to handle the goods carefully during the existence of the reservation of ownership. The goods must not be made subject to pledge during the existence of the reservation of ownership, transferred for safety purposes or otherwise burdened with the rights of third parties. The customer must inform the Vendor immediately in writing about any access of third parties to the goods, particularly in respect of compulsory enforcement measures, as well as possible damage or the destruction of the goods. A change in ownership of the goods as well as the change of address must be communicated by the customer to the Vendor without delay. The customer must reimburse the Vendor for all damages and costs arising from a violation of these obligations and from necessary intervention measures against the access of third parties to the goods.
  3. In the event of behaviour of the purchaser which is contrary to the contract, in particular in the event of late payment or if judicial settlement proceedings or insolvency are instituted on the assets of the purchaser, the Vendor is entitled to withdraw from the contract and demand the return of the goods. In addition, the Vendor is entitled, in the event of the violation of an obligation according to Subparagraph 2, to withdraw from the contract and demand the return of the goods, if adherence to the contract can no longer be expected of him.
  4. The contractor is entitled to resell the goods in the proper course of business. He already transfers to the Vendor all outstanding sums in the amount of the invoice, which accrue to him through the resale to a third party. The Vendor accepts the transfer. After the transfer, the contractor is authorized to collect the outstanding sum. The Vendor reserves the right to collect the outstanding sum himself, as soon as the contractor does not duly comply with his obligations to pay and gets into arrears with payments. The processing and handling of the goods by the contractor always occurs in the name of and by order of the Vendor. If processing of the goods occurs, then the Vendor acquires co-ownership of the new item in proportion to the value of the goods delivered by him. The same applies if the goods are processed or mixed with other objects not belonging to the Vendor.
  5. The Vendor is obliged to release the securities to which he is entitled at the demand of the customer, insofar as the realizable value of the securities of the Vendor exceeds the outstanding amount to be secured by more than 10 %. The selection of the securities to be released is incumbent upon the Vendor.

§ 4 Right of withdrawal Advice of withdrawal

  1. The user has the right to withdraw his declaration of intent directed to the conclusion of the contract within fourteen days of receipt of the goods. The withdrawal need not contain any justification and should be declared in text form (e.g. letter, fax, e-mail) or by returning the goods to the Vendor; for the observation of the deadline, the timely dispatch is sufficient. The deadline begins no sooner than the receipt of the goods (by contuining deliveries of similar goods not before the initial part delivery) and the receipt of advice about the right of withdrawal in accordance wih Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as our duties according to § 312 e Abs. 1 S. 1 BGB in connection with Article 246 § 3 EGBGB.
    The withdrawal must be sent to:
    Quittenbaum Kunstauktionen GmbH,
    Chief Executive Officer: Askan Quittenbaum,
    Theresienstr. 60, D-80333 München
    Telefax +49 89 273702122
    Email: info@quittenbaum.de

    Consequences of withdrawal In the case of an effective withdrawal, the mutually received payments must be returned and, if necessary, the uses of the item made must be determined. The user must pay compensation for any deterioration resulting from the use of the goods in accordance with the regulations. The user may inspect the goods carefully and cautiously. The loss of value resulting from the use beyond the inspection which leads to the fact that the goods cannot be sold as new, must be compensated for by the user. This does not apply if the deterioration of the goods is exclusively attributable to the inspection that would have been possible in the retail shop. Incidentally, the obligation to pay compensation for the loss of value can be avoided if the user does not put the goods to use like an owner and refrains from any action which could reduce their value. Packable items must be sent back. Non-packable items are collected from the user. The costs of returning the goods are borne by the user in the event of the exercise of the right of withdrawal for an order value of up to € 40, unless the delivered goods do not correspond to the goods ordered. In the event of an order value exceeding € 40, the user is not required to bear the costs of returning the goods. Obligations for refund of payments are to be fulfilled within 30 days. This period begins for you with the communication of withdrawl or the return shipment of goods, for us with the arrival of said goods.
  2. The right of withdrawal does not exist for the goods named in § 312 d Para. 4 BGB. These include, among others: - Delivery of goods manufactured according to customer specifications or clearly customized to the personal needs of the customer or which, by virtue of their composition, are not appropriate for being returned or can rapidly become spoiled or the expiration date of which would be exceeded, - Delivery of audio and video recordings or software, insofar as the seals on the delivered data media have been broken by the user, - Delivery of newspapers, journals and magazines.

§ 5 Payment

  1. The offered price is binding. The respective current price applies. In the case of special offers, the price offered is applicable within the time limits of the special promotion. The statutory sales tax is included in the price.
  2. Additional shipping costs are incurred according to § 6 of these General Terms and Conditions of Business.
  3. No additional costs are incurred by customers placing their orders using telecommunication methods.
  4. The customer has the right to an offset only if his counterclaims were legally determined or have been recognized by the Vendor. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 6 Payment options and shipping costs

  1. The customer may pay the purchase price against a commercial invoice, by credit card (Mastercard) or by direct debit. The Vendor reserves the right to exclude certain forms of payment. In the case of foreign orders, the Vendor will not accept any payment by direct debit and purchase against a commercial invoice.
  2. a. In the case of payment by direct debit, the customer grants the Vendor permission to collect the sum from his account by means of a debit entry. The amount is taken from the customer’s account within 5 days. After the receipt of the money, the goods are shipped to the customer. Should the amount be cancelled and reversed by the customer’s bank, and if the customer is to blame for this, then the customer will bear the costs resulting from the reversing entry in addition to a processing fee of € 10.00 per cancelled debit. The customer reserves the right to furnish proof of a lesser loss.
    b. In the case of payment against a commercial invoice, the purchase price becomes due on receipt of the invoice. The delivery address, house address and invoicing address must be identical and must be within the Federal Republic of Germany.
    c. In the case of credit card payments, the Vendor requires the details of the type of card, the complete card number and its validity period. In order to transfer this personal data, the "SSL" data transfer method is used.
  3. In the event of shipping within Germany or to European countries, in the case of payment by direct debit or credit card (Mastercard) or any other method of payment which shall be agreed, in the purchase of one or more items, all-inclusive shipping costs are included in the cost of items shown. Orders are thus sent postfree to purchasers throughout Europe.

§ 7 Delivery

  1. Goods which are in the warehouse are shipped within 5 working days. Delivery dates and delivery deadlines are only mandatory if they have been confirmed by the Vendor.
  2. If the goods are not in stock at the time of placing the order, the Vendor will order the goods immediately, and immediately inform the customer and communicate the expected delivery date to the customer. With regard to the reservation of due self-delivery, the Vendor makes reference to § 2 Paragraph 4 of these provisions.
  3. The Vendor is entitled to make a partial delivery, insofar as a partial delivery is to be expected with due consideration of the interests of the Vendor.

§ 8 Passing of risk

For users, the danger of the accidental loss and accidental deterioration of the sold goods is also transferred to the users in the shipment purchase with the handover of the goods. For contractors, the danger of the accidental loss and accidental deterioration of the goods is transferred to the contractor with the handover, or in the shipment purchase with the delivery of the goods to the forwarder, the carrier or the person or institution otherwise specified for the execution of the shipment. The handover still occurs if the customer is behind with the acceptance.

§ 9 Warranty

  1. Users may choose whether the subsequent fulfilment should occur by rectification of defects or a replacement delivery. The Vendor is entitled to refuse the type of subsequent fulfilment selected if it is only possible at unreasonable cost and the other type of subsequent fulfilment remains without significant disadvantages to the user. In the case of contractors, the Vendor warrants against defects in the goods firstly according to his choice by subsequent fulfilment or replacement delivery.
  2. Should the subsequent fulfilment fail, then the customer may, as a matter of principle, demand, according to his choice, a reduction in the payment (decrease) or cancellation of the contract (rescission) as well as demanding compensation. In the case of only minor defects, the customer has no right of rescission. If the customer selects compensation instead of performance, then the limitations of liability according to § 10 Subpara. 1 of these General Terms and Conditions of Business apply.
  3. The contractors must immediately inspect the delivered goods for deviations in quality and quantity and communicate identifiable defects within a period of one week from receipt of the goods to the Vendor in writing; otherwise, the enforcement of the warranty claim is excluded. Hidden defects must be communicated to the Vendor in writing within a period of one week from their discovery. For the observation of the deadline, the timely dispatch is sufficient. The contractor bears the full burden of proof for all of the eligibility requirements, in particular for the defect itself, for the time of determination of the defect and for the timeliness of the notification of defects.
  4. If the purchaser is a contractor, then as a matter of principle only the product description of the manufacturer is applicable as the composition of the goods. Public statements, recommendations or advertising of the manufacturer also do not constitute a contractual composition of the goods.
  5. For users, the warranty period is two years from the delivery of the goods. For contractors, the warranty period is one year from delivery of the goods. In the case of used items, the warranty period is one year from the delivery of the goods. The one-year warranty period does not apply if the Vendor can be accused of gross negligence, or in cases of bodily injury and health impairment attributable to the Vendor and in the case of the loss of life of the customer. The liability of the Vendor according to the Product Liability Act remains unaffected by this.
  6. The Vendor makes no warranties to the customer in the legal sense. Manufacturers’ warranties remain unaffected by this.

§ 10 Limitations of liability

  1. In the case of minor neglects of duty, the liability of the Vendor – as well as his fulfilment assistants or vicarious agents and legal representatives – is restricted to the immediate average damage typical of a contract, which is predictable according to the nature of the goods. Furthermore, the Vendor is not liable in the case of minor negligent violations of unsubstantial contractual duties. The above limitations of liability do not relate to product liability claims of the purchaser and other peremptory legal regulations. Furthermore, the limitations of liability do not apply to injury to the life, body or health of the customer which are attributable to the Vendor.
  2. The Vendor is only liable for his own content on the Web site of his online shop. Insofar as access to other Web sites is permitted by means of links, the Vendor is not responsible for the external content of such Web sites. He does not condone the nature of the external content. Insofar as the Vendor becomes aware of illegal content on the external Web sites, he will remove the access links to these offending pages immediately.

§ 11 Data protection

Customer data are stored and processed by the Vendor subject to observance of the relevant regulations of the Federal Data Protection Act (BDSG) and Teleservices Data Protection Act (TDDSG)Personal data are requested exclusively for the execution of the order, unless the customer wishes to receive additional services. The customer may delete his data at any time. Furthermore, he has the right to demand information at any time about the status of his stored data. (E-mail: info@quittenbaum.de or by telephone. Tel.: +49 89 273702125 – Tuesday to Friday, 10:00 a.m. to 1:00 p.m. and 3:00 to 6:00 p.m.). The personal data of the customer are of course handled confidentially, and in particular will not be passed on for the purposes of advertising, market research or opinion polling. The customer has been fully informed of the nature, scope, place and purpose of the collection, processing and use of the data required for the execution of the contract.

§ 12 Amendment of the General Terms and Conditions of Business

  1. The Vendor reserves the right to amend these General Terms and Conditions of Business at any time, subject to the observance of an appropriate notification period of at least two weeks. The notification occurs by means of the publication of the amended General Terms and Conditions of Business with a statement of the time of their coming into effect on the Internet on the Web site www.quittenbaum.info.
  2. If the customer does not raise an objection within two weeks of the publication, then the amended General Terms and Conditions of Business are considered to have been accepted. In the notification of the amendment, a separate reference to the significance of the two-week notice period is made.

§ 13 Final clauses

  1. The law of the Federal Republic of Germany will apply. In the case of users who do not enter into the contract for professional or commercial purposes, this election of jurisdiction is only applicable insofar as the protection granted by compulsory provisions of law in the state in which the user has his habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods are not applicable.
  2. If the customer is a merchant, legal person under public law or a separate estate governed by public law, then the exclusive place of jurisdiction for all legal disputes arising from this contract is Waldshut-Tiengen. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence at the time of commencement of the action are not known.