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Commission contract

§ 1 Subject of the agreement

(1) The principal authorizes the commission agent to sell the items (commissioned goods) specified in the form at the website “20th Century Design” on commission basis for the account of the principal. The parties may agree to include more commissioned goods within the framework of this agreement.
The principal shall reserve the right to sell the commissioned goods elsewhere. In such an event, the principal shall be obliged to inform the commission agent immediately in order to avoid a repeat sale. In the event of a breach of this information-obligation, the principal shall be liable for any resultant damages and he/she shall remain subject to commission vis-à-vis the commission agent.

(2) The commissioned goods shall remain the property of the principal till the time of their sale by the commission agent.


§ 2 Inspection of commissioned goods

The commission agent shall have the right to inspect the commissioned goods at any time in person or by a third party.


§ 3 Implementation of the commission

(1) The commission agent shall not lower the prices specified in the form without the consent of the principal.

(2) The commission agent is authorized, subject to different arrangements under the normal business traffic, to collect debts in the process of business execution.

(3) The commission agent, while executing the business, shall not better the warranty rights in any other way than what has been conceded by the principal.

(4) After the conclusion of the purchase agreement, the commission agent shall notify the principal of the information available with him/her about the buyer, as provided by the buyer himself/herself. By giving this information, the commission agent shall be exempted of the liability under section 384 III of HGB. The commission agent shall not be liable for the payment made by the buyer.

(5)  The commissioned products shall be sent to the buyer only against an advance payment or cash on delivery arrangement. The principal shall dispatch the goods within three days, unless agreed otherwise between the buyer and the commission agent, of the notification of the commission agent to the effect that the buyer’s payment has been received or that the cash on delivery arrangement has been agreed upon.

(6) If the buyer of goods is an individual consumer, he shall have the right to revocation, in accordance with the distance contracts, within two weeks of receiving the goods and this right can not be excluded. In such an event the cost of shipment and return consignment shall be borne by the seller. This provision too can not be excluded.
In the event that the buyer avails of this cancellation right, the resultant costs shall be   shared by the principal and the commission agent.


7) The commission agent shall forward the purchase price minus the commission to the principal as soon as the receipt of goods by the buyer has been verified and the possible revocation period has expired
      
           
§ 4 Commission

The commission agent shall be entitled to a commission of 30% plus VAT. (The commission shall be payable even in the event of non-conclusion of the contract due to the fault of the principal, § 396 I 2 HGB).


§ 5 Own-name transaction

The commission agent shall be entitled to take the commissioned goods   himself/herself as the buyer.


§ 6 Duration of contract/Termination/Notification obligation

(1) The commission contract shall be concluded for an indefinite period. It may be terminated at any time with immediate effect.

(2) The termination can be effected vial e-mail or by post. In the event of notification of termination notice by registered post, the termination shall be deemed valid even if the delivery attempt was unsuccessful and the receiver has been left with a message.


§ 7 General terms and condition

The terms and conditions posted at this homepage shall apply to the commission contract as well.


§ 8 Part ineffectiveness

In the event that one or more provisions of this contract should become invalid, the contracting parties shall endeavor to replace the invalid clause by an operative provision that approximates financially most closely to the intended purpose.

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