General Terms and Conditions

General Terms and Conditions

of Texte zur Kunst Verlag GmbH & Co. KG, represented by Texte zur Kunst Verlag Beteiligungsgesellschaft mbH, represented by its managing director, Isabelle Graw, Strausberger Platz 19, 10243 Berlin, Germany (reg. Amtsgericht Charlottenburg HRA 32925)

I. Scope

The sale of subscriptions of the quarterly journal Texte zur Kunst as well as agreements regarding the sale and delivery of products of any kind, including distant sales of art editions, are governed solely by the Texte zur Kunst’s general terms and conditions provided below.

Texte zur Kunst does not recognize conditions provided by counterparties that diverge from the general terms and conditions provided below. Such divergent provisions shall not become part of any agreement even when Texte zur Kunst fails to explicitly object to them. By placing an order, purchasers recognize the sole applicability of these terms and conditions.

II. Conclusion of a subscription agreement/ commencement of delivery

(1) The journal Texte zur Kunst publishes four issues a year.

(2) Subscriptions can be ordered at:

Texte zur Kunst GmbH & Co. KG
Abo-Service
Strausberger Platz 19
10243 Berlin
Germany
Fax: +49-30-30 10 45 344
mail@textezurkunst.de

(3) Subscription agreements are generally concluded for a minimum term of one year, covering four issues of the journal. Subscription term limits (e.g., gift subscriptions) may be provided in separate agreements.

(4) Once a subscription agreement has been concluded, Texte zur Kunst will deliver the first issue to appear in print after conclusion as the initial subscription issue.

(5) For changes to subscriptions, modes of payment, bank information, modes of delivery, etc. to be processed in due time, notification of such changes must be communicated to the subscription service at Texte zur Kunst at least ten days before the date on which such changes are to be effective.

(6) Subscribers must notify Texte zur Kunst of any change of address. If issues are delivered damaged or do not arrive, subscribers must notify Texte zur Kunst immediately.

(7) Texte zur Kunst is liable for delivery failures and delays only within the limitations provided in section X. Texte zur Kunst cannot be held liable, or provide replacements, for delivery failures and delays to subscribers outside Germany.

(8) Student subscriptions are available only upon presentation of a current certificate of university enrolment.

(9) High school student subscriptions are available only upon presentation of a valid certificate of school enrolment in conjunction with proof of residence.

III. Offers, conclusion of agreements, and reservations regarding delivery of products and artist’s editions

(1) The representations on the website, in advertisements in the journal, and in advertising material of any kind issued by Texte zur Kunst of articles for sale are merely solicitations to tender an offer. This is true, in particular, of the artist’s editions Texte zur Kunst offers for sale based on information provided to Texte zur Kunst by the galleries and artists. By ordering such products, you tender a binding offer to conclude a purchase agreement. The purchase agreement is concluded when Texte zur Kunst explicitly accepts your order or complies with your order by shipping the merchandise.

Texte zur Kunst reserves the right to withdraw from purchase agreements in the event that such agreements are based on erroneous information on its website, including clerical errors, misprints, and miscalculations.

(2) In the event that individual products or artist’s editions are not in stock, customers cannot demand delivery. Texte zur Kunst reserves the right to make partial deliveries of products.

IV. Extension and cancellation of subscriptions

(1) In the absence of an agreed term limit (e.g., for gift subscriptions), subscriptions run for a minimum term of one year, beginning on the day the subscription order is received by Texte zur Kunst. Subscriptions are automatically renewed for another full years unless cancelled at least three months before the end of the subscription term.

(2) In the case of limited-term subscriptions (e.g., gift subscriptions), the subscription expires on the agreed date. Such subscriptions cannot be cancelled before the agreed expiration date.

(3) If the parties agree to extend an originally limited-term subscription, the subscription shall be governed by the conditions provided for ordinary annual subscriptions. If a limited-term subscription is extended, the minimum one-year term begins on the day the subscriber’s application to extend the subscription is received by Texte zur Kunst.

(4) Subscription cancellations must be submitted in writing to

Texte zur Kunst GmbH & Co. KG
Abo-Service
Strausberger Platz 19
10243 Berlin
Germany
Fax: 0049-30-30 10 45 344
mail@textezurkunst.de

(5) Subscription cancellations are considered tendered on the day the cancellation notice is received by Texte zur Kunst.

V. Right of withdrawal

(1) Clients may withdraw from subscription orders and orders of other products offered by Texte zur Kunst within two weeks without giving reasons. Notice of such withdrawal may be given in writing or by sending the product back. The two-week term begins upon receipt of delivery, but no sooner than upon receipt of this advisory. Withdrawals shall be deemed effective if the notice of withdrawal or the returned product is postmarked before the end of the two-week term.

Notices of withdrawal, in writing, and returned products shall be sent to the following address:

Texte zur Kunst GmbH & Co. KG
Abo-Service
Strausberger Platz 19
10243 Berlin
Germany
Fax: 0049-30- 30 10 45 344
mail@textezurkunst.de

(2) In the event of an effective withdrawal, both parties shall return products and payments they have already received. If a product that has already been delivered cannot be returned in its entirety and undamaged, the respective party shall pay compensation for lost value. To avoid such obligation to compensate for lost value, the product shall not be taken into use as though it were the recipient’s property, and the recipient shall refrain from any action that would diminish its value. Products that can be mailed in packages are to be sent back at the returning party’s risk. Expenses for such return shipping shall be defrayed by the sender, who shall also bear the risk of accidental loss or damage during shipment.

(3) The provisions regarding the right of withdrawal in subsections (1) and (2) apply only to consumers as defined by § 13 Bürgerliches Gesetzbuch [German Civil Code] who do not conclude the respective agreement for business purposes or in relation to self-employed professional activities.

(4) Texte zur Kunst will not accept the return of products damaged by the purchaser.

VI. Prices, price changes, terms of payment, expenses for shipping of products and artist’s editions

(1) The prices listed by Texte zur Kunst are final and include sales tax as provided by law where applicable.

(2) Charges to be billed will be determined by prices as listed, and tax rates as effective, at the time the order is received.

(3) When prices as charged differ from prices as listed by Texte zur Kunst on its website, in advertisements in the journal, and in other advertising material, the purchaser has the right to withdraw from the order. Texte zur Kunst shall notify the purchaser of such price changes. The purchaser has the right to withdraw from the order agreement by notifying Texte zur Kunst in writing within eight business days from receipt of said notification. The notice of withdrawal must be received by Texte zur Kunst before this withdrawal period expires.

(4) Purchasers who do not meet their payment obligations in full are obliged to pay interest on outstanding balances starting on the due date. Late-payment interest shall be assessed at a rate of 8 percentage points above the basis interest rate set by the European Central Bank, unless Texte zur Kunst demonstrates that the failure to pay has caused damages in excess of that interest.

(5) Titles held by Texte zur Kunst can only be settled against uncontested or legally enforceable titles held by the purchaser.

(6) While reserving the right to provide otherwise in separate written agreements, Texte zur Kunst does not generally grant discounts.

(7) In the case of deliveries to purchasers outside Germany, the purchaser shall bear the additional tax and customs burdens. Shipping and packaging shall be billed on the basis of actual expenses.

VII. Payment of subscription fees

(1) Subscribers will be billed in advance for the entire subscription term of at least one year, unless the subscriber and Texte zur Kunst have separately agreed on a shorter subscription term.

(2) The subscription fee includes shipping and packaging. This does not apply to deliveries to purchasers and subscribers outside Germany.

(3) If Texte zur Kunst raises the subscription fee during the subscription period, the new fee applies to the next annual subscription period or to the first annual subscription period commencing after a limited-term subscription is extended.

(4) Payment for subscription fees and product purchases can be made via automatic debt transfer, by invoice, or using a credit card (Visa and MasterCard only).

(5) Reduced subscription rates for university and high school students will be made available only once the subscriber has presented a valid certificate of school or university enrolment. High school students must also document their residential address. The student must document that he or she is entitled to the reduced subscription rate before the beginning of any subscription period by presenting a valid certificate of school or university enrolment without being asked to do so. If a student does not present a valid certificate of enrolment, he or she loses the entitlement to be billed the reduced subscription rate. Presenting documentation of current enrolment after a subscription period has commenced does not entitle a subscriber to be billed the reduced subscription rate.

(6) Subscribers who do not meet their payment obligations in full are obliged to pay interest on outstanding balances starting on the due date. Late-payment interest shall be assessed at a rate of 8 percentage points above the basis interest rate set by the European Central Bank, unless Texte zur Kunst demonstrates that the failure to pay has caused damages in excess of that interest.

(7) Titles held by Texte zur Kunst can only be settled against uncontested or legally enforceable titles held by the purchaser.

VIII. Delivery, reservation of proprietary rights, risk of loss, transfer of perils

(1) Deliveries will be shipped from Texte zur Kunst’s stocks at the expense of the purchaser. The purchaser bears the risk of accidental loss of or damage to the product during shipment.

(2) Texte zur Kunst insures artist’s editions against damage or accidental loss during shipment up to a total damage of € 500 (five hundred).

(3) Texte zur Kunst reserves the proprietary rights to all journals, products, and artist’s editions delivered until the purchaser has discharged all contractual obligations.

(4) Information about anticipated delivery dates is non-binding; in exceptional cases, Texte zur Kunst may make binding promises regarding delivery dates. Failure of products to arrive on anticipated delivery dates does not create a right to withdraw from the purchase agreement.

IX. Warranty on products and artist’s editions

(1) If a product or artist’s edition proves to be defective upon delivery, Texte zur Kunst must be notified in writing. Such notice must be given at once, and be received by Texte zur Kunst no later than ten business days after delivery. Once this ten-day period has expired, Texte zur Kunst cannot be held liable for recognizable defects in the product.

(2) In cases of warranty, the purchaser first has the right to demand supplementary performance or rectification of the defect. If Texte zur Kunst cannot provide such supplementary performance or rectification of the defect, or if such service or delivery is delayed beyond a reasonable date for reasons for which Texte zur Kunst bears responsibility, or if such supplementary performance or rectification of the defect fails to achieve its purpose or is not reasonably acceptable to the purchaser, the purchaser has the right either to withdraw from the purchase agreement or to demand a proportionate abatement of the purchase price.

(3) The artist’s editions are works produced by Texte zur Kunst and publicly advertised in the journal or on the website. The purchaser acknowledges that the actual product may differ in size and color from the information advertised on the website or in the journal. Texte zur Kunst cannot be held liable for such deviations in the size and color of artist’s editions.

X. Liability

(1) Texte zur Kunst is liable only for damages caused by premeditated or grossly negligent actions, including such actions of its representatives and vicarious agents. This liability also applies to guarantees offered in writing regarding the attributes of a product, to fraudulent concealment of a defect, as well as damages to life, limb, and health. Texte zur Kunst also bears the liabilities provided by the German Produkthaftungsgesetz.

(2) Purchaser’s warranty claims become statute-barred twelve months from the date of delivery, except in the cases provided by § 438 section 1 no. 2 and § 634a section 1 no. 2 of the Bürgerliches Gesetzbuch.

XI. Liability exclusion

(1) Texte zur Kunst cannot be held liable for the up-to-dateness, substantial correctness, and completeness of the information presented in the journal and online.

(2) Texte zur Kunst has no influence over the design and content of the websites of others. We therefore distance ourselves from all content provided by others, even when Texte zur Kunst’s own website links to such external sites. This includes all links displayed on the homepage and all content banners and links lead to, as well as all content published by others in guest books, discussion forums, and mailing lists operated by Texte zur Kunst.

XII. Privacy protection

All personal data will be treated confidentially. Only such data will be stored as are required for the processing of an order. For purposes of a credit check and credit monitoring, we may forward data to specialized providers of financial services. You may object to this use of your data, or revoke your consent to it, at any time by notifying Texte zur Kunst in writing at:

Texte zur Kunst GmbH & Co. KG
Strausberger Platz 19
10243 Berlin
Germany
Fax: 0049-30-30 10 45 344
verlag@textezurkunst.de

XIII. Copyright

Texte zur Kunst holds the copyright and the right of publication to all products and artist’s editions delivered to purchasers. Commercial reuse and reproduction of text and photographs from the journal and the web presentation is prohibited.

XIV. Place of performance und place of jurisdiction.

(1) The place of performance and place of jurisdiction is Berlin. However, Texte zur Kunst reserves the right to lodge claims against purchasers before any other competent court of law.

(2) Agreements are governed by German law. This includes orders from, and deliveries to, purchasers outside Germany. Both private international law and the United Nations Convention on Contracts for the International Sale of Goods are inapplicable, even when an order is issued from, or a product delivered to, a locality outside Germany.

XV. Miscellaneous provisions

(1) Changes or amendments to an agreement need to be made in writing to acquire legal force. Oral collateral agreements have not been concluded.

(2) In the event that individual provisions of an agreement are or become invalid in part or entirely, the remaining contract remains in effect. In the event of such invalidity, the contracting parties will agree on a legally valid replacement provision whose economic consequences resemble those of the invalid provision as closely as possible. The same applies when a contract proves to fail to provide adequate regulation in a particular instance.

Berlin, December 2008

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