Beethoven-Haus Vertriebs-GmbH
- Bildstelle -
Bonngasse 24 - 26
53111 Bonn
Deutschland
Tel.: +49 (0)228 9 81 75-19
Fax: +49 (0)228 9 81 75-24
E-mail: bildstelle@beethoven-haus-bonn.de (Please inform us of any problems you might encounter when placing an order. It would be of great help if you included details of your operating system and browser version, e.g. Windows 2000 and Netscape 7.0. Thank you!)
Placing an order:
Select the documents or single sheets you wish to purchase.
Click on "Add to shopping cart" to store the document pages. The secure server certificate ensures the safe transfer of your data and has to be accepted.
You can view the contents of your shopping cart at any time by clicking on "Shopping cart" in the menu on the left. You can make changes to it by clicking on the buttons "Quantity" or "Update".
By clicking on "Order", you can view information on how to use the documents and pictures ordered and confirm the order.
If you are placing an order for the first time, please complete the form. Should you already have an account, you only have to enter your surname, account number and e-mail address.
By checking the box you agree to our Conditions of use and sale and the order is placed. In so doing the sales contract becomes legally binding. If you wish to republish the ordered documents, you will receive a cost estimate.
Your order is then sent to us via e-mail and you receive confirmation via e-mail.
Should you have any queries, please send them to the above address.
Prices, fees for use, delivery and conditions for documents and pictures from the Digital Archive:
Price for a file (Image) with a high resolution (approx. 600 or 400 dpi; delivery per CD-ROM) or a coloured printout: EUR 6.00. For every order, a one-time processing fee of EUR 10.00 will be charged. All prices are fixed and include VAT at the current rate. Postage and packaging costs are charged extra. The total amount is due on confirmation of your order. Orders are processed immediately upon receipt.
Research charges will be invoiced depending on time and material.
In case of republication, fees for use will apply depending on purpose, circulation and size. For republication purposes on the Internet, special conditions apply (bildstelle@beethoven-haus-bonn.de). The fees for use are recommended by the Mittelstandsgemeinschaft Foto-Marketing and are in accordance with the current fees for the use of graphical material.For further details please refer to the following "General terms and conditions".
General Terms and conditions of Beethoven-Haus Vertriebs-GmbH
§ 1 Area of application
(1) These General Terms of Business shall apply to all business relationships between us - Beethoven-Haus Vertriebs-GmbH - and our customers as amended from time to time, in the version current at the date when the contract is entered into. In transactions with a consumer in the meaning of section 13 of the German Civil Code, these Terms of Business shall apply in the amended form, taking into account the provisions specially emphasized; they contain the information required under section 312c of the Civil Code.
(2) Our General Terms of Business shall apply to the exclusion of all others. Any terms of the customer that conflict with or deviate from our General Terms will not be recognized unless Beethoven-Haus Vertriebs-GmbH has in the individual case expressly in writing consented to their application.
§ 2 Entering into a contract
(1) The customer's order is a binding offer. The contract of sale is entered into only when we confirm the order or the goods ordered are delivered.
(2) We will process orders received from the customer in a reasonable period of time and will send the customer a confirmation of order within three weeks, if possible by email. The details on our product line on the website of Beethoven-Haus Vertriebs-GmbH are non-binding descriptions. Where appropriate, the customer's attention will be drawn to any discrepancy between the description and the actual nature of the product by means of a separate reference in the confirmation of order.
§ 3 Delivery
(1) We will deliver the products ordered without delay to the address given by the customer in the order. The customer shall bear the costs of packing and shipping. Within the Federal Republic of Germany, the shipping costs will be based on the current postage rates. Consignments outside Germany will be made in accordance with the procedure agreed separately in the individual case.
(2) Information on the estimated delivery date is non-binding, unless in the individual case we have given the customer a binding promise of a date in writing.
§ 4 Retention of title
Until the complete payment of all claims against the customer that arise at the date when the contract is entered into, including claims with regard to follow-up orders and additional orders, the goods delivered shall remain the property of Beethoven-Haus Vertriebs-GmbH.
§ 5 Time for payment and default
(1) Unless otherwise stated in the confirmation of order, the purchase price, including shipping and packaging costs, shall be payable within fourteen days after the date of the confirmation of order.
(2) We reserve the right, in particular in the case of large orders and of orders from outside Germany, to require a payment on account and to ship only after receipt of the payment on account. The payment on account shall be a minimum of 20% in the case of a shipment within the Federal Republic of Germany, and a minimum of 50% of the purchase price in the case of a shipment outside Germany, including shipping and packaging costs.
(3) If the customer is in default of payment, we shall be entitled to claim interest on late payment at the rate of 8% above the current base rate of the Deutsche Bundesbank. If the customer is a consumer in the meaning of section 13 of the Civil Code, the rate for interest on late payment shall be 5% above the current base rate under section 247 of the Civil Code. This shall be without prejudice to our right to assert greater damage if this is provable and to the customer's right to supply evidence of lesser damage.
(4) The customer may set off claims only against such counterclaims as have been finally and non-appealably established, are undisputed, or have been recognized by Beethoven-Haus Vertriebs-GmbH. The customer shall be entitled to exercise a right of retention only insofar as its counterclaim is based on the same contractual relationship.
§ 6 Claims based on defects in the products
(1) The customer's rights with regard to a defect in the products shall become statute-barred one year after the delivery of the products. If the customer is a consumer in the meaning of section 13 of the Civil Code, the limitation period shall be two years from delivery.
(2) In addition, the following provisions shall apply to claims relating to defects in the products:
(a) The customer shall notify us of obvious defects without delay, but at the latest within two weeks after the delivery of the products. If the customer fails to comply with this period, warranty claims for an obvious defect shall be excluded. Where defects cannot be detected within this period even on a careful examination, the customer shall notify us of them immediately after discovering them.
(b) If the products are defective, we will at our choice make subsequent performance in the form of removal of the defect or delivery of new products that are free of defects. If the customer is a consumer in the meaning of section 13 of the Civil Code, the customer shall have the right to choose the type of subsequent performance. The expenses incurred for the purpose of subsequent performance, in particular transport costs, workmen's travel costs, and costs of labour and materials, shall be borne by Beethoven-Haus Vertriebs-GmbH. We shall be entitled to refuse the type of subsequent performance chosen by the customer if it is possible only at a disproportionately high cost.
(c) If the customer sets a time limit for subsequent performance (removal of the defect or substitute delivery) and this time limit passes without success, the customer shall be entitled to cancel the contract or to require that the purchase price be reduced.
(d) If the subsequent performance is unsuccessful, the customer may also claim damages instead of the performance, or compensation for fruitless expenses. In this case, Beethoven-Haus Vertriebs-GmbH shall be liable only for intention and gross negligence, including the intention and gross negligence of its agents, including the agents for whom it is vicariously liable, and the culpable violation of a fundamental contractual duty. Liability for damages in this case shall be limited to the foreseeable damage that typically occurs, unless there is an intentional breach of contract, and unless the customer is a consumer in the meaning of section 13 of the Civil Code.
(3) In the case of culpable injury to life, body or health, we shall be liable in accordance with the statutory provisions.
(4) Unless otherwise provided above, all liability claims shall be excluded.
§ 7 Right of revocation under sections 312d and 355 of the Civil Code
If the customer is a consumer in the meaning of section 13 of the Civil Code, the customer shall have a right of revocation as follows:
(1) The customer may revoke its contract declaration within two weeks, without giving reasons, in text form (e.g. letter, email, fax) or by returning the products. The revocation period shall begin when the products are delivered to the customer. In order to observe the revocation period, it is sufficient to send the revocation or the products in good time to:
(2) If revocation is effective, the performance received on both sides shall be returned, and any benefits received shall be returned. If the customer is not able to return the products in part or in whole, or can return the products only in a deteriorated state, the customer shall make compensation for lost value in this respect where necessary. There shall be no duty to make compensation for lost value if the deterioration arises solely from the examination of the products. The customer can avoid the duty to make compensation for lost value by making no use of the products as an owner and refraining from everything that impairs the value of the products.
(3) Items capable of being shipped by parcel post shall be returned. Where a consignment of products is returned whose order value including packaging and shipping costs is up to forty euros, the customer shall bear the costs of return shipment if the products delivered correspond to the order. Failing this, Beethoven-Haus Vertriebs-GmbH will bear the costs of return shipment.
(4) The customer shall have no right of revocation if the products were produced according to the customer's specifications or are clearly adapted to personal requirements, or by reason of their nature are not suitable for return shipment, or may deteriorate rapidly, or if after shipping their sell-by date would be exceeded. There shall also be no right of revocation if the products consist of an audio or video recording or software and the seals on the media supplied have been broken by the customer.
§ 8 Data gathering and data protection
The customer declares his or her agreement, which may be revoked, to the customer's personal data being stored, processed and used by Beethoven-Haus Vertriebs-GmbH, provided this is necessary exclusively for processing the order in accordance with the contract or for customer information purposes. If the user leaves personal data with Beethoven-Haus Vertriebs-GmbH without making an order, the user agrees to his or her personal data being stored, processed and used by Beethoven-Haus Vertriebs-GmbH insofar as this is necessary to process future orders in accordance with the contract or for customer information purposes.
§ 9 Ordering pictorial material from the Digital Archives
(1) Internet orders for pictorial material from the Digital Archives are also governed by §§ 9 to 12.
(2) When ordering pictorial material online, the customer may choose between private/academic use and use for republication.
(3) The charges are based on the schedule of charges of Beethoven-Haus Vertriebs-GmbH.
§ 10 Private and academic use
(1) Private and academic use of the pictorial material is governed by the following regulations:
(2) The customer may use the pictorial material supplied only for personal purposes, not for commercial purposes. The customer is not permitted to use the pictorial material as a basis for publication, to alter it, to store it on other data media, to duplicate it, to copy it, to pass it on to third parties or to make it available over the Internet.
(3) The customer agrees to provide Beethoven-Haus Vertriebs-GmbH, without being requested to do so, with a complimentary copy of each publication for which the pictorial material supplied served as a basis.
§ 11 Use for publication
(1) Use of the pictorial material for republication is governed by the following regulations:
(2) The right of use is restricted to one single publication of the pictorial material supplied and applies solely for the purpose of publication stated by the customer in the order. A simple non-exclusive right of use is granted.
(3) The customer is not entitled to use the pictorial material otherwise than in the way stated by the customer in the order, to alter it, to store it on third-party data media, to copy it, to duplicate it, to pass it on to third parties or to make it available online. Every form of use over and above this is subject to the prior consent of Beethoven-Haus Vertriebs-GmbH in writing. In the text of CD-ROM productions, there should be a statement that use/reproduction from the CD-ROM is prohibited.
(4) In the case of works protected by copyright, the customer, in addition to the permission for use given by Beethoven-Haus Vertriebs-GmbH, shall also obtain the consent of the copyright holder.
(5) Irrespective of the charging of payment for use, two complimentary copies shall be supplied free of charge to Beethoven-Haus Vertriebs-GmbH.
(6) If the General Terms of Business are not complied with, the right of use shall be void ab initio. The customer shall be liable to Beethoven-Haus Vertriebs-GmbH for all loss of payment for use and every other damage arising from the violation.
(7) The grant of rights of use shall be effective after the payment for use is received in the bank account of Beethoven-Haus Vertriebs-GmbH.
§ 12 Liquidated damages
(1) In the case of any unauthorised use, application, reproduction or passing on of the pictorial material, for each individual case liquidated damages in the amount of five times the payment for use shall be payable; the right to more extensive damages claims is reserved.
(2) If the customer of Beethoven-Haus Vertriebs-GmbH, upon being requested in writing, supplies no complimentary copies, or if, after agreement to this effect, the customer gives no information as to which picture has been used in what part of which publication, liquidated damages in the amount of 50% of the payment for use shall be payable.
(3) The payments referred to in the above paragraphs do not give rise to any rights of use.
§ 13 Final provisions
(1) This contract shall be governed exclusively by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of products is excluded.
(2) The place of jurisdiction shall be Bonn. If the customer is a consumer in the meaning of section 13 of the Civil Code, Bonn shall be the place of jurisdiction only if the customer's domicile or place of habitual residence, at the time when the contract is entered into, is outside the Federal Republic of Germany, or if, after the contract is entered into, it is moved outside the Federal Republic of Germany, or if the customer's domicile or place of habitual residence is unknown at the date when proceedings are commenced.
(3) If a provision in this contract is or becomes invalid, this shall not affect the validity of the remaining provisions of this contract.
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