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KATJA SCHULTE CAB●ART●GALLERY: PR and consulting project initiator. Imprint
Katja Schulte, Rückertstrasse 3, 90419 Nuremberg, Mobil: +49 171 2356769 e-Mails: katja.schulte_cab_art_eu |
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Terms of sale:
§ 1 General - Scope: Our terms and conditions of sale shall apply exclusively; we shall not recognise any terms and conditions of the ordering party that conflict with or deviate from our terms and conditions of sale unless we have agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale. Silence with regard to different terms and conditions or standard terms and conditions communicated to us cannot be interpreted as acceptance of these terms and conditions. 2. All agreements made between us and the customer for the purpose of executing this contract must be in writing. 3. Our terms and conditions of sale shall also apply to all future transactions with the customer. § 2 Conclusion of contract: 1. the offer to conclude the contract corresponds to the respective content of the cab-art connect website. 2. acceptance of the offer by the orderer comes about by sending the online order and by sending the printed and signed order by fax or by normal post. We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents; they may not be made accessible to third parties without our prior express written consent. § 3 Prices - Terms of Payment: 1. unless otherwise stated on our website, our prices do not include packaging and transport. 2. the statutory value added tax is included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing. 3) The deduction of a discount requires a special written agreement. Unless otherwise stated on our website, the net purchase price (without deductions) is due for payment within 14 days of the invoice date. If the customer is in default of payment, we shall be entitled to demand interest on arrears at a rate of % above the respective discount rate of the Bundesbank p.a.. If we are able to prove a higher damage caused by default, we are entitled to claim this. 5. The customer shall only have the right to set-off if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he shall be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. § 4 Delivery time: 1. the start of the delivery period stated by us presupposes the clarification of all technical questions. 2. if we are unable to deliver for reasons beyond our control, we shall be entitled to cancel the contract. 2. If we are in default of delivery for reasons for which we are responsible, liability for damages in the case of ordinary negligence is excluded. 3. If, after we have already defaulted, the customer sets us a reasonable period of grace with the threat of refusal, he shall be entitled to withdraw from the contract if the period expires without result; the customer shall only be entitled to claim damages for non-performance in the amount of the foreseeable damage if the default was due to intent and gross negligence. Otherwise, the liability for damages shall be limited to 50% of the damage incurred. 4. The limitations of liability pursuant to clause 3 shall not apply if a commercial fixed transaction has been agreed; the same shall apply if the customer can claim that its interest in the performance of the contract has ceased to exist due to the delay for which we are responsible. 5. Compliance with our delivery obligation requires the timely and proper fulfilment of the purchaser's obligations. 6. If the customer is in default of acceptance or violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the object of sale shall also pass to the customer at the point in time at which the customer defaults on acceptance. 7. Cases of force majeure and other delays which occur through no fault of our own shall postpone the delivery date accordingly, but for no longer than two weeks. delivery date accordingly, but at the longest up to two months after the agreed date. After the expiry of these two months, each party shall be entitled to withdraw from the contract. Claims for damages cannot be asserted in any of the cases mentioned. § 5 Transfer of risk - packaging costs: 1. unless otherwise stated in the content of our website, our prices do not include packaging and transport. 2. transport packaging and all other packaging in accordance with the packaging regulations will not be taken back. The customer is obliged to dispose of the packaging at his own expense. 3. if the purchaser so wishes, we shall cover the delivery by transport insurance; the costs incurred in this respect shall be borne by the purchaser. § 6 Warranty: 1. insofar as there is a defect in the object of sale for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or to make a replacement delivery. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If the customer, without our written consent, remedies the defect himself or has it remedied by a third party, we shall be released from any liability and warranty claims. 2. If we are not prepared or not in a position to remedy the defect/replacement delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible or if this fails in any other way, the customer shall be entitled, at his discretion, to demand cancellation of the contract (redhibitory action) or a corresponding reduction of the purchase price (abatement). 3. Unless otherwise stated below, any further claims of the customer - irrespective of the legal grounds - are excluded. We shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, we shall not be liable for loss of profit or other financial losses of the customer. 4. The above exemption from liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims for damages due to non-performance in accordance with §§ 463, 480 II BGB (German Civil Code) due to the absence of a warranted quality. However, the obligation to pay compensation shall in any case be limited to the foreseeable damage. 5. The warranty period is six months, calculated from the transfer of risk. This period is a statute of limitations and also applies to claims for compensation for consequential damages, unless claims in tort are asserted. 
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§ 7 Joint and several liability:
1. Any further liability for damages than provided for in § 6 (4) to (5) is excluded, irrespective of the legal nature of the claim asserted. 2. insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents. § 8 Retention of title: 1. the object of sale shall remain our property until all claims arising from the business relationship between us and the customer have been paid in full. The inclusion of individual claims in a current invoice, as well as the drawing of balances and their recognition shall not affect the retention of title. Payment shall only be deemed to have been made when we have received the equivalent value. 2. In the event that the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to reclaim the object of sale. The taking back of the object of sale by us does not constitute a withdrawal from the contract unless we have expressly declared this in writing. The seizure of the object of sale by us shall always constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realise it; the proceeds of realisation shall be set off against the customer's liabilities - less reasonable realisation costs. 3. The customer is obliged to treat the object of sale with care; in particular, he is obliged to insure it adequately at his own expense against fire, water and theft at its replacement value. 4. the customer is entitled to resell the object of sale in the ordinary course of business; however, he is not permitted to pledge, transfer by way of security or assign it by way of security. However, the customer hereby assigns to us all claims in the amount of the final invoice amount (incl. VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The assignment is accepted by us. The customer shall remain authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, as long as no petition in bankruptcy or composition proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. 5. In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO) or take other measures. Insofar as the third party is not in a position to reimburse us for court and out-of-court costs and expenses, the customer shall be liable for the loss incurred by us. 6. We undertake to release the securities to which we are entitled at the request of the customer insofar as the realisable value of our securities exceeds the claims to be secured by more than 20 %; the choice of the securities to be released is incumbent on us. § 9 Data protection: Connect art biennale may store and process customer-related data for contractual purposes. cab art consulting commits itself in any case not to pass on the personal data to third parties. § 10 Right of return: If the statutory right of return is exercised within 14 days of receipt of the goods, the request for return must be notified in writing in advance and the goods must be properly packed in the original packaging or in other suitable packaging and returned to us. The costs of the return transport shall be borne by the customer. The customer shall be expressly informed of this right of return in the order confirmation. The purchaser confirms that he has taken note of this by signing the order confirmation. § 11 Place of jurisdiction - place of performance - applicable law: 1. if the customer is a registered trader, our registered office shall be the place of jurisdiction (LG ...... I); however, we shall also be entitled to sue the customer at the court of his place of residence. 2. Unless otherwise stated in the order confirmation, our place of business shall be the place of performance. 3. German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Status 2021. 
Copyrights and rights of use of the website and the content originating from cab-art gallery located on it are subject to copyright as an artist and are protected by the relevant copyright provisions. Unauthorised reproduction of these contents or their imitation will be prosecuted by cab-art gallery by initiating civil or, if necessary, criminal proceedings. All rights reserved, in particular the right of reproduction, distribution and translation. No part of this work may be reproduced in any form (by photocopy, microfilm or any other process) or processed, duplicated or distributed using electronic systems without written permission.Disclaimer: Despite careful control of the content, I assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.
1. content of the online offer The author Katja Schulte accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against him relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, unless there is evidence of wilful intent or gross negligence on his part. All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Klaus Haas without separate announcement. 2. references and links I am not responsible for any contents linked or referred to from his pages - unless I have full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. I hereby expressly declare that at the time the links were created, no illegal content was identifiable on the linked pages. I have no influence on the current and future design, content or authorship of the linked pages. Therefore, I hereby expressly distance myself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within my own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by me to which external write access is possible. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who only refers to the respective publication via links. 3. copyright and trademark law I, Katja Schulte, endeavour to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by myself or to use licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by myself, cab-art gallery, remains solely with me as the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement. 4. data protection If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition. 5. legal validity This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. Although the masculine form has been chosen in the text for reasons of readability, the information refers to members of both sexes. 6 Copyright All rights reserved, in particular the right of reproduction, distribution and translation. No part of the complete work may be reproduced in any form (by photocopy, microfilm or any other process) or processed, duplicated or distributed using electronic systems without written permission. The created design, web design and its programming as well as logo, design, idea and concept remain the property of the cab-art gallery according to the copyright law (§ 2 Abs.2 UrhG), and may not be further used or passed on to third parties. Copyrights and rights of use of the concept and the contents located on it are subject to copyright law and are protected by the relevant copyright provisions. Unauthorised copying of this content or its imitation will be prosecuted by the initiation of civil or, if necessary, criminal proceedings. cab-art gallery Project Subject to change ®© |
