General Terms and conditions of trade

1. Scope

Right of return

Should an article supplied by us not meet your satisfaction, you can return it within a fortnight from date of invoice – unused and originally packed (except articles cut to size). Please note, however, that costs for returning goods will be at your charge. Thus, please “frank” the consignment. Please tell us whether you want us to compensate credit thereof by cheque or whether you will use it for further orders. In case of trouble at your end and the fortnight delay expired, we are not going to be petty. Just talk to us at any time.





Defects
Please inform us about obvious defects immediately or within a fortnight after receipt of goods at the latest. Substitute delivery will be made without any delay.





Prices
Our prices are in euros and already include legal VAT.





Dispatch flat rate
We charge proportional shipping costs of € 4.90 for orders below € 150.00 of value. For delay deliveries, these costs will, of course, be charged only once; this does not apply for sending books not yet on the market when the order was placed. We always try to find the cheapest and safest way of dispatch!









How to pay

1. By direct debiting - You give us a revocable authorisation to collect the invoice amount less 2% cash discount from your account (you have a six-weeks’ right of appeal)

This authorisation remains valid for future invoices too unless withdrawn by you.

2. By COD – individual fees resulting thereof will be at your charge.

3. Upon receipt of invoice – Please settle the invoice within 10 days. In case of reminders, we are entitled to charge € 3.00 for the second and € 6.00 for the third reminder plus 1% interest per month.

4. Orders for more than € 100,00 to new customers are normally being supplied by COD or payment in advance. Goods remain our property until final payment.





Delivery
We choose the fastest way of dispatch by UPS or DHL – which normally takes 2 -3 days. Sometimes, delays are unavoidable. In such cases however and if requested, we also can execute your order in partial shipments.





Deliveries abroadEurope: Dispatch costs differ depending on country, weight and carrier (UPS/DHL) when supplying to European countries. We are going to find you the cheapest and safest way of dispatch. Exact costs are available on request. From the economical point of view, deliveries to Switzerland should be made by DHL only.

Foreign countries outside EU: The German VAT is deducted for orders from countries outside the EU. At customs clearance, you will, however, have to pay the customary import turnover tax. Our dispatch partners for deliveries in non-EU-countries are DHL, Federal Express and UPS.


Other
To handle your order we save your address and order-related data into EDP. Of course, we commit ourselves to fully protecting your personal data according to the legal terms of the Federal Data Protection Law. We explicitly exclude passing on your data.

All deliveries based on contracts with us are always subject to German law, even if foreign countries are concerned, i.e. orders from or deliveries to foreign countries.







Contracting party
Sale contract is made with:

Galerie Smend
Mainzer Straße 31

D-50678 Köln / Germany

Tax-Number 214.5206.0108

VAT- No DE 122 704 517

Managing director: Rudolf G. Smend





We are at your service for any questions or complaints on working days from 9am to 6pm. Phone No. +49 (0) 221 31 20 47. Email: smend@smend.de







3. Offer and conclusion of contract

3.1. Display of goods in our online shop is not a legally binding offer but an offer to place an order. All orders are valid “suject to prior sale” if not mentioned otherwise in case of individual products. Errors and omissions excepted.

3.2. By clicking „conclude order“ being the last step of ordering process you place a binding order for goods contained in the order basket. Sales contract becomes valid by our accepting your order by order confirmation via email upon receipt of your order.





4. Wording of contract
Wording of contract is saved in our internal systems. General terms and conditions can be looked into on this page atany time.





5. Power of revocation
Consumers have the legal power of revocation (§ 13 BGB (Civil Partnership)





Revocation caution
You have the right to revoke your declaration of contract within a fortnight without stating reasons in form of text (e.g. letter, fax or email) or by returning the object. The delay starts by receiving this caution at the earliest. To safeguard revocation delay, it is sufficient to send the revocation or the object in time. Revocation is to be sent to:





Galerie Smend
Mainzer Straße 31

D-50678 Köln / Germany
E-Mail: smend@smend.de





6. Prices and shipping charges

6.1. The prices stated on product pages include the legal VAT and further price components.

6.2. Shipping charges depend on the quantity of goods ordered and way of shipping. They will be clearly given to you before your placing a binding order. An overall view can be found on the page “dispatch”.


7. Delivery
Normal time of delivery takes 3 working days. We point out to possibly differing times of delivery on the individual product page.

Should the ordered product not be available in time due to our not receiving it in time from our suppliers, we are going to inform you immediately. In such a case, it will be up to you to either wait for the ordered product or to cancel your order. In case of cancellation, services rendered in return, if any, will be compensated without any delay.









8. Payment

8.1 It is up to you to choose payment either by COD, invoice, transfer, direct debiting or credit card.

8.2. If you choose payment in advance, we are pleased to give you our banking arrragements in the order confirmation. Goods will be supplied upon receipt of payment.

8.3. You are only entitled to set-off if your counter-claims are legally valid by court decision or acknowledged by us in writing.

8.4 You can only exercise the right of retention if claims result from the same contract.





9. Reservation of ownership
Goods remain our property upto receipt of full payment.





10. Guarantee
Guarantee is granted according to legal regulations.