Terms of service

The supplier is entitled to assign his claims from delivery and service for financing purposes. In the event of assignment, all present and future claims arising from our business relationship and all ancillary rights (such as our reservation of proprietary rights) are transferred. The customer will find a corresponding note on his invoice.

The start of the delivery period specified by us presupposes the clarification of all technical questions as well as the timely and proper fulfillment of the customer‘s obliga-tions. The plea of the unfulfilled contract remains reserved. The specified delivery periods are only approximate.

They are, however, respected as much as possible by us. If the delivery is delayed the customer does not have to be notified. Firm deals are not made.

The supplier is entitled to partial deliveries. Each partial. delivery must be regarded as a closed individual transaction and as such is subject to these contractual conditions. If we are in default then a reasonable additional delivery period must be provided in writing.

Breakdowns, traffic disruptions, interruptions in the supply of electricity, heating, raw materials or similar at our or our suppliers extend the delivery time accordingly. Force majeure and all other circumstances for which we are not responsible entitle us to withdraw from the contract in whole or in part. If a delivery is required for the delivery and this cannot be executed, we are entitled to withdraw from the contract. In this case we undertake to inform the customer about the unavailability and to refund pay-ments if already done. Shipping is ex works at the expense and risk of the customer. The customer also bears the risk of transportation if we deliver in individual cases on our costs or for a charge. The choice of shipping method is up to us. Complaints due to changed article or color numbers will not be accepted.

Should individual provisions of these conditions of sale, delivery and payment be or become voidable or void, the remaining provisions shall remain unaffected and fully effective.

For our offers, sales, deliveries and other services, the following conditions apply. The customer or buyer recognizes the conditions as part of the contract by ordering or placing an order. Amendments, even if agreed with us, are only valid if confirmed in writing. Deviating conditions of

our customers do not oblige us, even if we do not expressly contradict them. An exception applies in case of our written confirmation.

Offers by us are always non-binding until our written confirmation of the order. If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks. Contract modifications, amendments or collateral agreements require our written confirmation in order to

be valid. The conditions apply in their respectiveversion.

Payments are to be made free of charge according to the agreed payment terms. If nothing else has been agreed upon invoices are due 30 days met. All payments have to be executed by bank transfer or check. The time of receipt is the credit on our account. Drafts are not considered as contractual means of payment. However, if a draft is accepted, there is no deferral of the receivables. The customer remains in default until the bill is honored. All costs and expenses of the bill then go to his own expense. The acceptance of checks and bills takes place only on account of payment and without guarantee for protest. Payments are to be made free of charge according to the agreed payment terms. If the term of payment is exceeded, the customer is in default. A reminder is not required. If the customer defaults on a payment, all other

outstanding claims are immediately due for payment, without the need for a separate notice of default.

The contracting parties are obliged to pay default interest of at least 9% above the base interest rate of the European Central Bank from the beginning of the default. The assertion of higher interest and further damages caused by delay as well as all other legal consequences of the delay remains reserved. If the customer is in default, or circumstances become known after conclusion of the contract, which are likely to reduce the creditworthiness of the purchaser, all claims are due without regard to the duration of any accepted bills of exchange. Such circumstances further entitle us to execute outstanding services only against advance payment or security deposits, as well as to withdraw from the contract or to claim damages for non-performance. Proof of a reduction in creditworthiness shall be deemed to have been provided by the bank or a reputable credit agency.

Place of fulfillment for delivery and payment is Euskirchen. For all disputes arising directly or indirectly from the contract Bonn is agreed as the place of jurisdiction, inso-far as the claims are asserted in the dunning procedure. Insofar as the customers are merchants, foreign contracting

parties, legal persons under public law or special funds under public law, the contracting parties agree that Bonn is the place of jurisdiction for indirect or / and direct legal disputes arising from the contract. Regardless of the amount in dispute, the district court of Bonn or the regional

court of Cologne has jurisdiction in the first instance at our discretion. This contract and the entire legal relationships of the parties are subject to the laws of the Federal Republic of Germany. The UN Sales Convention (CISG) are explicitly excluded.

The prices quoted are subject to change and are ex works without VAT and excluding packaging. We are free to invoice costs of packaging separately. If material or labor cost increases occur after the price lists have been created, if there are increased purchasing costs due to

considerable exchange rate changes (above 10%) or if taxes or duties are increased we are entitled to adjust prices accordingly. No party has the right to withdraw from the contract because of this. Discounts granted and other price reductions are waived when applying for insolvency

or settlement of our contracting party or after the partner has fallen into arrears.

All goods supplied by us remain the property of our company until the fulfillment of our entire claims against the respective customer, for whatever legal reason they may have arisen. The customer may only dispose of the delivered goods in regular business transactions. Despite the assignment the customer is authorized to sell the assigned goods in the proper course of business and to realize the proceeds. The authorization shall cease to exist with our revocation, to which we are entitled upon the occurrence of the default or the reduction in the creditworthiness of the customer. At our request the customer is obliged to disclose the assignment to its customers and to provide us with all information necessary to assert the claim and to hand over the necessary documents. Pledges or assignments of security of the reserved goods are prohibited

to the purchaser. The customer must notify us immediately of a seizure or any other impairment of the rights of the reserved goods by third parties. He bears the cost of the intervention.

The customer is not entitled to set off against our claims with counterclaims disputed by us. The offsetting with undisputed and legally established claims is permissible.

We reserve the right of ownership and copyrights to all documents provided to the customer in connection with placing the order, such as calculations, drawings, etc. These documents may not be disclosed to third parties without our express written permission. If we do not accept an

offer from the customer within two weeks these documents must be returned to us immediately.

Warranty rights of the customer expire twelve months after receipt of the goods. Obvious defects must be reported in writing immediately, but no later than 14 days after receipt of the goods; hidden defects must be reported in writing immediately after their discovery. If the complaint

is not timely the goods are considered approved. Legi-timate complaints do not exempt from the obligation of timely payment. For materials and equipment that are not from our own production, we accept only the warranty and other liability in the context of our promise to our

suppliers. If the goods have a defect, we shall be entitled to supplementary performance within a reasonable period without prejudice to the right of the customer to reduce the subsequent performance in the event of failure or to withdraw from the contract at his discretion. Claims for

defects do not exist in the event of insignificant deviation from the agreed quality, in the case of insignificant impairment of usability, in the case of natural wear and tear and in the event of damage arising from the transfer of risk through improper use of the object. We are not liable for

slightly negligent violations of essential contractual obligations by our legal representatives or vicarious agents. This exclusion does not apply to physical and health damages caused by us.

 In the event of any discrepancy between the English and German versions of these terms and conditions, the German version shall take precedence.

Last updated: 09.06.2024

MuseARTa GmbH | Alte Tuchfabrik | Josef-Ruhr-Str. 30 | 53879 Euskirchen | Germany | Tel.: +49 2251 8630990 | info@musearta.com| www.MuseARTa.com

CEO: Michael Kujanek | HRB Bonn 28148 | USt-ID-Nr.: DE36203045