T & C
1. General Conditions
Commissioned work is accepted and realized under our general conditions. Any other conditions will not be added as subject matter of contract even if we don’t explicitly contradict them. We are going to great lengths to always keep the online content of our internet shops up to date. It can however not be guaranteed that all of the items www.pferdekunst.com contains will always be available. We reserve the right to withdraw single items from the shop – if required even on short notice.
2. Conclusion of Contract
A contract concerning the delivery of ordered items between the customer and the Kerstin Tschech’s studio comes into effect with the order and the subsequent delivery.
3. Right of Withdrawal
Concerning orders made by a private end-user (§ 13 BGB – German Civil Code)
Information concerning withdrawal
The pieces of art available for purchase on www.pferdekunst.com are predominantly exclusive custom-made products. We would like to point out that for contracts concerning the delivery of items which were produced to fit the customer’s specifications, a statutory right to withdrawal does not apply. Items that are produced to suit customer’s specifications are particularly the following: Art Prints, Fine ART Prints, Reproductions on Canvas, Prints on Acrylic Glass, Prints on Aluminum Sandwich Panels, Prints in Aluminium Frame and Glass Steles.
Right of Withdrawal
For such goods which are not made after customer’s specification – under it fall particularly: Calendars – applies following: the customer has to revoke the right law, within two weeks on receipt of the goods his contract explanation at any time without information of reasons in text form (e.g., letter, E-mail, fax) or by return of the goods to the studio Kerstin Tschech. For the protection of the term the punctual sending of the revocation is enough to the studio Kerstin Tschech or the goods.
In case of an effective withdrawal the achievements received on both sides. If the customer can give back the received achievement not in whole or only in part or in worsened condition, he must perform to the salesman in this respect if necessary worth substitute. We point out that the worth obligation to indemnify can be avoided if the customer does not take the thing like his property in use and refrains from everything what impairs the value. The customer carries the expenses of the return if the supplied goods of the ordered ones correspond. In all other cases the return is for the customer free of charge.
4. Delivery to Commercial Customers
If the customer is not a consumer in compliance with § 13 BGB, and instead the order was placed by an entrepreneur, who, at the time of contract conclusion acted on behalf of his commercial or freelance practice (in compliance with § 14 BGB), then the following applies instead of the conditions mentioned under #3: There is no right of withdrawal. The delivery is carried out akin to sales shipment (§ 447 BGB). The risk of incidental loss or incidental deterioration of the item’s value are transferred to the customer upon committal of the ordered item to the shipper, the carrier, or any other kind of person or institution assigned to handle the shipment. The person making the delivery is to be informed immediately about any possible damage in transit, otherwise the customer loses his claims for damage and warranty. The customer is obliged to immediately check the items he received and to immediately inform the studio of Kerstin Tschech of any shortcomings. Otherwise he loses his entitlement to warranty claims in compliance with § 377 HGB (German Trade Code).
All of the prices in the catalogue include statutory value-added tax. Errors and changes in price or misprints are possible and non-binding. All offers are subject to confirmation.
6. Retention of Title
Kerstin Tschech is entitled to ownership of the delivered item or items until full payment has been made.
7. Customer’s rights concerning shortcomings of the object of the sale
The customer’s right of supplementary performance, withdrawal, and reduction in case of shortcomings concerning the object of the sale comply with legal regulations (§ 437 No.1 und No.2 BGB). Color variations in comparison to the pictures in the catalogue are due to technical limitations and do not constitute a shortcoming. In case of commercial customers, § 377 HGB applies.
8. Reservation for terminating the contract
In case the ordered item is not available, we reserve the right to withdraw from the contract. The affected customer will be notified immediately about the unavailability; any services the customer has already conducted will be refunded immediately.
The delivery will be made to the billing address if the customer did not indicate a different delivery address when placing his order. Normally, the delivery of calendars and art prints on “Chromolux” cardboard is carried out within 4 workdays, the delivery of reproductions on canvas within 10 workdays after receipt of payment. Delayed deliveries cannot be subject to a claim for damages. In case of a delivery bottleneck the customer will be informed promptly.
10. Shipping and Handling
Exact prices for shipping and handling are listed at the bottom of the order form. All indicated mailing expenses include statutory value-added tax. Errors are possible and prices are subject to change.
The whole order value becomes direct with order entrance by PayPal or Sofortüberweisung.de payable. Concerning special preparations, the whole order value is to be transferred in advance and within 14 days to the following bank-account: Atelier Kerstin Tschech, Sparkasse Mainfranken, KTO: 44 5635 34, BLZ: 790 500 00, IBAN: DE57 790 500 0000 44563534, SWIFT-BIC: BYLADEM1SWU. Processing of the order commences promptly after receipt of payment. This is true for both private and commercial customers. If these terms of payment are not met, the contract between the customer and the studio of Kerstin Tschech falls through and the item will not be delivered.
12. Agreement on jurisdiction
The legal venue is Würzburg if the customer is a merchant who has been entered as such in the commercial register (in accordance to the German Commercial Code), a legal entity of public law or a separate estate which is subject to public law, or does not have a legal venue in Germany.
13. Protection of Privacy
All individual-related data is kept in confidence. The data in our file of the customer includes solely information required to process the sale. No information is passed on to a third party. All legal restrictions are respected when processing the data.
14. Copyright notice
All images on www.pferdekunst.com are protected by copyright. Kerstin Tschech is the sole holder of all copy rights and patent rights, especially of the right to duplicate, distribute, display the images and/or make images publicly available. It is illegal to copy, reproduce, duplicate, distribute, display and/or make publicly available any image without written consent of Kerstin Tschech. Concerning commissioned pieces (especially paintings), the customer affirms that he is entitled to use all of the samples (e.g. photographs) which he gives over to Kerstin Tschech’s studio. The ordering customer frees Kerstin Tschech and all associates of her studio from claims for compensation by a third party.
The ordering customer agrees to the utilization and publication of copyright-protected samples by the studio of Kerstin Tschech, provided that he is the originator of these samples.