General Terms and Conditions

for contracts concluded via the platform https://www.peterbuechler.com/shop

between the

Studio Peter Buechler, Joachim-Friedrich-Straße 20, 10711 Berlin

- in the following „Provider“ -

and

the „Customer“.

1. Scope, Definitions

1.1 For the business relation between the Provider and the Customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating general terns and conditions of the Customer are not applicable, unless the Provider agrees their validity expressly in writing.

1.2 The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independant professional activity. On the other hand, a business customer is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independant professional activity.

2. Contract Conclusion

2.1 The Customer can select „goods“, in particular art objects, paintings, prints or sculptures from the Provider’s range of goods and collect them in a so-called shopping cart by clicking  on the button “Add to Cart”. By clicking on the button „Purchase“ or „buy“ the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time.

2.2 The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed once again and can be printed by using the „print“ function. The automatic confirmation of receipt merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the order, unless the Provider declares acceptance of the order in the confirmation of receipt (order confirmation). Otherwise, the contract is only concluded  when the Provider submits the declaration of acceptance, which is sent with a seperate e-mail (order confirmation). In the order confirmation e-mail or in a seperate e-mail the text of the contract (consisting of order overview, order confirmation, terms and conditions, revocation instruction and sample revocation form) is sent to the Customer by us on a durable data carrier (e-mail or paper printout) (contract confirmation). 

2.3 The contract shall be concluded in German or English. 

3. Delivery, Availability of Goods

3.1 Delivery times stated by us are calculated from the time of our order confirmation. If there is no or no deviating delivery time indicated for the respective goods in our online store, it is 4 days.

3.2 If the goods selected by the Customer are not available at the time of the Customer’s order, the Provider will inform the Customer immediately in the order confirmation. If the goods are permanently unavailable, the supplier will refrain from making a declaration of acceptance. In this case no contract is concluded.

3.3 If the goods designated by the Customer in the order are only temporarily unavailable, the supplier will also inform the Customer of this immidiately in the order confirmation.

4. Retention of title

Until full payment has been made, the delivered goods remain the property of the Provider.

5. Warranty for Material Defects, Guarantee

5.1 The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards business customers, the warranty period for goods delivered by the Provider is 12 months.

5.2 An additional guarantee exists with the goods delivered by the Provider only if this was expressly given in the order of confirmation for the respective goods.

6. Price and Shipping Cost

6.1 All prices quoted on the Provider’s website are inclusive of the applicable statutory sales tax.

6.2 If shipping or other transport costs are incurred (e.g. construction of a special transport box), the Customer must bear these costs in addition to the purchase price. Whether and to what extend shipping and transport costs are incurred for the goods selected by the Customer will be indicated under the point “Delivery”/”Shipping” in the shoping cart before the contract offer is sent.

6.3 The Provider bears the shipping risk if the Customer is a consumer.

6.4 In case of a revocation the Customer has to bear the direct costs of the return shipment.

7. Terms of Payment

7.1 The Customer can pay by credit card or PayPal.

7.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest for the year at a rate of 5 percentage points above the prime rate or – if he is a business customer – at a rate of 9 percentage points above the prime rate.

7.3 The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Provider.

8. Liability

8.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from the injury of life, body, health or from the injury of substantial contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the Provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

8.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.

8.3 The restrictions according to clauses 8.1 and 8.2 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are made directly against them.

8.4 The limitations of liability resulting from clauses 8.1 and 8.2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the Provider and the Customer have reached an agreement on the quality of the goods. The regulations of the product liability law remain unaffected.

9. Cancellation Policy

9.1 Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the Provider informs in the following according to the legal sample. A sample revocation form can be found in clause 9.3.

9.2 Cancellation Instruction for Goods

Revocation Instruction

Right of Revocation 

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken posession of the last goods.

In ordert o exercise your right of revocation you must inform us (Studio Peter Buechler, Joachim-Friedrich-Straße 20, 10711 Berlin, mail@peterbuechler.com) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In ordert o comply with the revocation period, it is sufficient to send the notification of exercise of the right of revocation before the end of the revocation period.

 Consequences of Revocation

If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

 9.3 About the sample revocation form the Provider informs after the legal regulations as followed:

Sample Revocation Form

 (If you want to revoke the contract, please fill out ths form and send it back.)

-      To:

Studio Peter Buechler,

Joachim-Friedrich-Straße 20,

10711 Berlin

mail@peterbuechler.com

-      I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

-      Ordered on (*)/received on (*)

-      Name of the consumer

-      Address of the consumer

-      Signature of the consumer(s) (only for paper notification)

-      Date

_________________________

 (*) delete as inapplicable 

10. Online Dispute Resolution

Online dispute reolution (ODR) is available for disputes with consumers. The ODR platform can be used for this dispute resolution. This can be found at http://ec.europa.eu/consumers/odr/. The e-mail address of the Provider is: mail@peterbuechler.com.

11. Note on § 36 VSBG (Consumer Dispute Settlement Act)

The Provider does not take part in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

12. Final Provisions

12.1 The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the Customer as a consumer has his habitual residence, remain unaffected.

12.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contratual relationships between the Customer and the Provider is the Provider’s registered office.

12.3 The contract remains binding in its remaining parts even if individual clauses are legally ineffective. In place of the ineffective clauses, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

As of September 2020