Right of Withdrawal
Concerning orders made by a private 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 aluminium dibond, prints with aluminium frame and glass statues.
Right of Withdrawal
For such goods which are not made after customer’s specification – under it fall particularly: calendar – 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.
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).