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)
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.
2 Conclusion of a subscription agreement/commencement of delivery
2.1 The journal TEXTE ZUR KUNST publishes four issues a year.
2.2 The journal subscriptions offered in the TEXTE ZUR KUNST webstore do not represent an offer for the finalization of a contract, but rather a non-binding invitation for you to submit an order. With your order, you make a binding offer to conclude a subscription. The automatically sent acknowledgement of receipt does not represent acceptance of your order. It merely documents that we have received your order.
2.3 Subscriptions can be ordered at:
TEXTE ZUR KUNST GmbH & Co. KG
Strausberger Platz 19
Fax: +49-30-30 10 45 344
2.4 The subscription contract becomes effective only upon receipt of the written order confirmation (invoice) and is generally agreed for a minimum contractual term of four consecutive issues of the journal. Separate arrangement of a temporary subscription (e.g. a gift subscription) is possible.
2.5 If you do not receive confirmation, for example because delivery of the journal you have ordered is not possible, this means than no contract has become effective in this case.
2.6 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 14 days before the date on which such changes are to be effective.
2.7 If you move your place of residence, you must notify us of your new address. Deutsche Post’s mail forwarding service does not apply for periodicals. Newspapers and magazines are destroyed by Deutsche Post. They are not returned to sender. In such a case, no claim for a replacement delivery arises. Defective deliveries are to be reported without delay.
2.8 TEXTE ZUR KUNST is liable for delivery failures and delays only within the limitations provided in section 10. TEXTE ZUR KUNST cannot be held liable, or provide replacements, for delivery failures and delays to subscribers outside Germany.
2.9 Student subscriptions are available only upon presentation of a current certificate of university enrolment.
3 Offers, conclusion of agreements, and reservations regarding delivery of products and artist’s editions
3.1 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.
3.2 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.
4 Extension and cancellation of subscriptions
4.1 Unless a fixed-term contract has been agreed (e.g. gift subscription), a minimum contractual term of four successive issues (one year) applies. The subscription contract is extended by a further four issues, unless written notice of cancellation is received no later than four weeks after receipt of the third issue (deadlines for giving notice of cancellation: January 15, April 15, July 15, October 15).
4.2 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.
4.3 Subscription cancellations must be submitted in writing to
TEXTE ZUR KUNST GmbH & Co. KG
Strausberger Platz 19
Fax: 0049-30-30 10 45 344
4.4 Subscription cancellations are considered tendered on the day the cancellation notice is received by TEXTE ZUR KUNST.
5 Right of withdrawal
5.1 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 cancellation period is 14 days from the date on which the contract was finalized, or from the date on which you or a third party named by you (and who is not the carrier) took possession of the goods.
Notices of withdrawal, in writing, and returned products shall be sent to the following address:
TEXTE ZUR KUNST GmbH & Co. KG
Strausberger Platz 19
Fax: 0049-30- 30 10 45 344
5.2 In the event of withdrawal being effected, payments or goods received by either party must be returned within 14 days of the date on which notification of your withdrawal from this contract was received by us. 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.
5.3 The provisions regarding the right of withdrawal in subsections (5.1) and (5.2) 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.
5.4 TEXTE ZUR KUNST will not accept the return of products damaged by the purchaser.
6 Prices, Price Changes, Terms of Payment, Shipping Costs for Products and Artists’ Editions
6.1 The prices indicated by TEXTE ZUR KUNST are final and, subject to the following conditions, cover all price components inclusive of statutory value-added tax where applicable. Postage and packaging costs for products and for deliveries of the journal are calculated according to costs incurred. The prices are given in Euro (EUR).
6.2 The prices and taxes stated at the time of the order determine the billing amount.
6.3 TEXTE ZUR KUNST retains the right to adjust its prices. In the case of price changes, the customer has a right to termination of the contract and may, within ten working days of receiving notice of the price changes, withdraw from the contract by making a written declaration to TEXTE ZUR KUNST. Withdrawals are considered tendered on the day the cancellation notice is received by TEXTE ZUR KUNST.
6.4 In the event of a delay in payment, TEXTE ZUR KUNST is entitled to demand the statutory interest on arrears. If it is demonstrable that higher damages have been caused to us by the delay, we are entitled to assert a legal claim. If the customer is in default with the payment of an invoice, payment of all our invoices which are still outstanding becomes due immediately.
6.5 Titles held by TEXTE ZUR KUNST can only be settled against uncontested or legally enforceable titles held by the purchaser.
6.6 For deliveries to outside of Germany, the purchaser bears the additional taxes and duties. Postage and packaging costs are calculated according to costs incurred.
7 Payment of subscription fees
7.1 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.
7.2 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.
7.3 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).
7.4 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. 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.
7.5 Titles held by TEXTE ZUR KUNST can only be settled against uncontested or legally enforceable titles held by the purchaser.
8 Delivery, reservation of proprietary rights, risk of loss, transfer of perils
8.1 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.
8.2 TEXTE ZUR KUNST insures artist’s editions against damage or accidental loss during shipment up to a total damage of € 500 (five hundred). The customer bears the costs for a higher insurance value.
8.3 TEXTE ZUR KUNST reserves the proprietary rights to all journals, products, and artist’s editions delivered until the purchaser has discharged all contractual obligations.
8.4 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.
9 Warranty on products and artist’s editions
9.1 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.
9.2 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.
9.3 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.
10.1 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.
10.2 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.
11 Liability exclusion
11.1 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.
11.2 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.
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.
13 Place of performance und place of jurisdiction
13.1 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.
13.2 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.
14 Miscellaneous provisions
14.1 Changes or amendments to an agreement need to be made in writing to acquire legal force. Oral collateral agreements have not been concluded.
14.2 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, May 2018