Terms and Conditions
§ 1 – Scope
The following Terms and Conditions apply to all orders placed via our online shop.
§ 2 – Contractual partner, formation of contract.
The contract is concluded with Migrant Birds Arts Management GmbH.
(1) By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items.
(2) You may place one or more of our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order, you will immediately receive a confirmation via e-mail.
(3)Delivery costs may be added to the product prices displayed. We will send you an e-mail for further information on delivery costs.
(4) We also use your e-mail address to send you our newsletter with information about new exhibitions, news on our artists and new products. You can always object to receiving such e-mails, e.g. by writing an e-mail to email@example.com or by unsubscribing from the e-mail contained in each email.
§ 3 – Payment
The following payment methods are available in our online shop:
(1) Payment in advance: Prepayment is easy and convenient. If you select the “Payment in advance” option, you will receive two automated emails with all the relevant information once you have placed your order. The first email confirms the receipt of your order and the second contains all the relevant information for payment. Please transfer the corresponding amount in EURO to the following bank account within 10 days: Recipient:
Migrant Birds Arts Management GmbH
Bank Code: 1204 0000
Account: 0135 6534 00
IBAN: DE44 1204 0000 0135 6534 00
Reference: Your invoice or order number
Please enter your invoice number in the payment reference section of your bank transfer and make a separate transfer for each order. This is the only way to assign your payment correctly. Once we have processed your payment, we will deal with your order without delay.
(2) Payment with PayPal Plus: Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's online website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal. If you have selected the PayPal payment option, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions. You will receive additional information during the ordering process. If you have selected the credit card payment option, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
As a registered customer, you can choose to pay per invoice starting with your fourth order. Your order will be processed immediately and you pay via bank transfer within 14 days of receiving your goods. We reserve the right to allow payment by invoice only after we verify your credit rating.
Account holder: Migrant Birds Arts Management GmbH Commerzbank Berlin Bank Code: 1204 0000 Account: 0135 6534 00 IBAN: DE44 1204 0000 0135 6534 00 BIC: COBADEFFXXX Reference: Your invoice or order number.
Please do make sure to use “Migrant Birds Arts Management GmbH” as the account holder when you make the transfer.
(4) Cash on delivery
Cash on Delivery payments will be covered directly with your mailman when delivering the order at your door. Paying by cash on delivery is only possible within Germany and has an additional cost of 6,90 Euro.
(5) Retention of title
The goods shall remain our property until full payment is made.
(6) Unfortunately, due to an accumulation of frauds in the near past, we had to impose minor restrictions in some cases: Orders that are shipped abroad can not be paid by invoice or cash on delivery, but only by prepayment, credit card or PayPal. The same applies to products that exceed a value of 400.00 Euro. If you send a shipment to an alternative delivery address as a new customer, payment by invoice is unfortunately not possible. Orders containing at least one digital product can not be paid by invoice or cash on delivery but only by prepayment, credit card or PayPal.
(7) The purchase price and the stated shipping costs are due immediately and without any deduction from the order, even if it is a partial delivery.
(8) A set-off on your part is only permitted if your claim is undisputed or legally binding.
(9) If you are in default of payment, we are entitled to demand default interest in the amount of five percentage points above the base rate announced by the European Central Bank. A delay is defined as beginning after two weeks after receipt of the invoice.
§ 4 –Shipping
We ship within 5-15 working days of receiving the order. Please note the different delivery times for products that are sent directly from our cooperation partners and are a customized. These products will be shipped within 15-30 business days of receiving the order. Please feel free to contact us for the exact delivery date.
(2) Any exceptions can be found on the product page. Express deliveries are possible on request and subject to an extra charge.
(3) We will inform you immediately in case of delivery delays. For orders of currently or not yet deliverable items, we remember this article for you and inform you about the expected delivery date.
(4) In case of unavailability of the ordered goods we reserve the right not to deliver. In this case, we will inform you immediately and immediately refund any payment already received. (6) If you notice discrepancies between delivery and order, we ask you to stop using or opening the goods. Otherwise, you must replace the resulting loss of value of the goods.
§ 5 – Shipping costs
Listing of shipping costs
For products from the art sector, we charge a shipping fee of 9.95 euros due to extra packaging and insurance of shipping.
Cover pages & infographics
For personalized covers and infographics, we charge shipping costs of 12 euros (small and medium format) and 30 euros (large format) due to large-format packaging and shipping by courier.
We calculate the shipping costs abroad, then we inform you about the available shipping methods, the costs and the delivery date of your order. Within one order shipping costs only apply once, applied to the respective higher lump sum. Any customs fees incurred on delivery will be paid by the recipient. Our prices for customers from a third country (such as Switzerland) are gross = net.
If a parcel is returned to us due to a wrong or incomplete address, the additional cost will be charged to the customer. If you have questions please contact us.
§ 6 – Delivery
Please Note: Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to buying. As soon as we have shipped your order you will receive an email stating the tracking number. You can check the status of your order after receiving the email via the link provided. After we have transferred your order to our shipping partner, you will also receive an email with a package number.
§ 7 – Revocation
(1) Right of Revocation
You have the right to revoke this contract within 14 days without stating reasons. The revocation period is 14 days starting on the day on which you or a third party appointed by you, other than the carrier, took possession of the goods. To exercise your right of revocation, you have to inform us about your decision to revoke the contract by sending us a clear statement (e.g. a letter sent by post, or an email).
Migrant Birds Arts Management GmbH
Koppenplatz 5 10115 Berlin
For your revocation you may use the attached template revocation form which is, however, not compulsory. To comply with the revocation deadline, it is sufficient to dispatch the statement declaring that you exercise your right of revocation before the expiry of the revocation period.
(If you wish to cancel the contract, please complete this form and return it to us)
Attn: Migrant Birds Arts Management GmbH, Koppenplatz 5, 10115 Berlin, telephone: +49 (0) 030 499 52524, e-mail: firstname.lastname@example.org.
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/: — ordered on (*)/received on (*) — name of customer(s) — signature of consumer (s) (only if this form is notified on paper), — date — address of customer(s) — date (*) Delete as appropriate
The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons. End of notice
(2) Consequences Of The Revocation
If you revoke this contract, we are obliged to repay any payments we received from you, excluding the delivery costs, immediately and at the latest within 14 days from the day on which your statement declaring the revocation of this contract is received by us. For this repayment we use the same payment method which you chose for the original transaction, unless we explicitly agreed on another method; on no account will we charge any fees for the repayment. We are entitled to refuse repayment until we have received the returned goods or until you have provided proof that you have dispatched the goods, whichever is the earlier date. You are obliged to return the goods or hand them over to us immediately and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract. You shall be responsible for proper packaging and taking care of delivery costs. The deadline is deemed met if you dispatch the goods prior to the expiry of the period of 14 days. You shall bear the direct costs for returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to a handling of the goods which was not necessary for assessing the quality, characteristics and functionality of the goods.
§ 8 – Retention of title
The purchase remains our property until full payment.
§ 9 – Liability
The statutory warranty rights apply in accordance with the following provision. (2) We shall be liable for any damages caused by the breach of the main contractual obligations and in the absence of a warranted quality of the goods. We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Among the essential contractual duties in the case of physical property is in particular the obligation to hand over the matter to you and to grant you the ownership of it.
§ 10 – Online Dispute Resolution Platform
The European Commission provides a platform for out-of-court online dispute resolution (the so-called OS platform) at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a conciliation procedure. We do not participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 - Privacy and security
(1) We value your trust and take the utmost care to protect your personal information from unauthorized access. The same applies to updating your stored data records as well as maintaining and maintaining your customer account with us.
(2) Your order, personal details and payment details are protected by technical security systems and additional authorization procedures. The data required for the transaction will be stored and passed on to affiliated companies as part of the order processing.
(3) We also maintain a creditworthiness-exchange for the purpose of credit and credit checks, taking into account your interests worthy of protection, in accordance with the legal data protection provisions only with authorized service companies. Your account or credit card details are only deposited with PayPal and are never visible to us.
(4) In the event that you submit a review on a product, we are entitled to publish this review in whole or in part with or without copyright designation in other platforms or social media in connection with the product or his application and / or have it published.