General Terms and Conditions / Cancellation Policy

Status: May 2016

 

1. scope of application

 

For the business relationship between us, Kunsthandel Peter Schlächter, Spiekerhof 6-11, 48143 Münster and customers who use our online store, the following General Terms and Conditions apply exclusively in the version valid at the time of the order, unless otherwise agreed in writing. The customer's terms and conditions shall only apply if we agree to them in writing.

 

2. offer and conclusion of contract

 

The presentation of the products in our online store does not constitute a legally binding offer, but a non-binding invitation to order; errors in the presentation are reserved. The prices shown are collection prices including VAT and do not include delivery and assembly.

The customer can move goods into the virtual shopping cart with a "mouse click" without obligation. There the customer can view the selected goods and thus check the order. The products can be deleted from the shopping cart at any time. By clicking on the "Buy" button, the customer submits a binding offer to conclude a purchase contract for the goods selected in the virtual shopping cart. The order is forwarded to us and the customer immediately receives an electronic confirmation of the order by e-mail, in which the order is listed again and which the customer can print out. The automatic order confirmation merely documents that we have received the customer's order and does not constitute acceptance of the order. Rather, the contract is only concluded by our subsequent declaration of acceptance by e-mail.

 

3rd delivery

 

Delivery shall be made to the delivery address provided by the customer. The delivery address may differ from the billing address. If no delivery address is specified, delivery will be made to the billing address.We are entitled to make partial deliveries if

- the partial delivery can be used by the customer for the contractually intended purpose and

- the customer does not incur any significant additional work or costs as a result.

If the delivery date is not met, the buyer must grant the seller a reasonable grace period in writing. The Buyer may only assert further rights under the contract after the grace period has expired. If the delay in delivery is due to disruptions in business operations, in particular strikes, lockouts and other cases of force majeure at the seller and its suppliers, a claim for damages is excluded.

If the buyer refuses acceptance after the expiry of a reasonable grace period granted to him or expressly declares in advance that he does not wish to accept the goods, the seller may withdraw from the contract or demand compensation for non-performance. If the delay in acceptance lasts longer than one month, the buyer must pay the storage costs incurred. The Seller reserves the right to charge a storage fee of 1% of the purchase price per month of additional storage time. The seller may also use a forwarding agent for storage. The Seller may demand 30% of the order price without deductions as compensation for non-performance in the event of default of acceptance, unless the Buyer proves that no damage has been incurred at all or not in the amount of the lump sum. Furthermore, the seller reserves the right to claim higher, proven damages.

 

4th warranty

 

The statutory warranty applies. Most goods are made of natural materials, such as wood, leather and natural stone, which may exhibit color deviations, knotholes, small cracks and slight unevenness, different surface structures due to their natural origin. In this respect, unlike manufacturing defects, for example, there are no deviations in quality. Warranty claims expire after 24 months, in the case of used goods after 12 months, from delivery.

In the event of a defect, the buyer of the goods is obliged to grant Kunsthandel Peter Schlächter a reasonable period of grace for subsequent performance. If the supplementary performance fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract. The buyer must report obvious defects in writing immediately, at the latest within 10 days of receipt of the goods. Kunsthandel Peter Schlächter is entitled to choose between rectification of the defect or delivery of a defect-free item. Claims of the buyer due to defects in the purchased goods are excluded if the defect was caused by improper use of the goods.

- Repair, maintenance or care of the object of purchase by third parties not authorized by Kunsthandel Schlächter;

- installation of parts, accessories or consumables, or

- Non-compliance with regulations on handling, maintenance and care of the object of purchase

We only supply furniture that is not suitable for installation in overheated and excessively dry rooms. We accept no liability for any damage caused by heating and drying, such as cracking and veneer delamination.

 

5. prices and shipping costs; return costs

 

The corresponding shipping costs and delivery conditions must be agreed with us individually for deliveries within Germany as well as for deliveries abroad. For this purpose, please contact us by telephone on 0251/4 20 02 or at .

From a purchase value of 10,000 euros, delivery within Germany (excluding islands) is free.

If you make use of your statutory right of withdrawal (see Section 7), you must bear the regular costs of the return shipment or delivery if the delivered goods correspond to those ordered.

 

6. terms of payment

 

The purchase price is due immediately upon ordering. The customer can choose to pay in advance or in cash on delivery. If payment is made in advance, the customer will be informed of the bank details by means of an invoice.

 

7. right of withdrawal

 

Cancellation policy
 
 
Right of withdrawal 
 
You have the right to cancel the contract with us within fourteen days.
 
The revocation period begins when you or a third party named by you, who is not the carrier, takes possession of the last goods. The revocation is effected by your timely declaration of revocation to us. Timely dispatch of the declaration of revocation is sufficient to meet the deadline. This declaration must clearly state your decision to revoke the contract. The revocation does not have to contain any reasons.
 
The declaration of revocation is to be sent to:  
 
Art trade Peter Schlächter
Spiekerhof 6-11
48143 Münster
Phone: 0251 42002
Fax: 0251 4840676
eMail:
 
If you do not wish to draft your own text, you can use the following sample for your declaration of revocation:
 
To:
Art trade Peter Schlächter
Spiekerhof 6-11
48143 Münster
Phone: 0251 42002
Fax: 0251 4840676
eMail: 
 
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service: (*)
 
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Date
Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate.
 
 
Consequences of revocation:
 
You must return or hand over the goods received to us within fourteen days. The deadline is met if you send the goods to us before this period expires.
 
You shall bear the direct costs of returning the goods. You only have to pay compensation for any loss in value after being informed of your right of withdrawal if this is due to handling of the goods that was not necessary for checking the condition, properties and functionality.
 
We must refund all payments received from you within fourteen days, including delivery costs, with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us. The repayment period begins on the day on which we receive your declaration of withdrawal from this contract. We will make the repayment free of charge for you in the manner in which we received your payment, unless we have agreed a different method.
 
However, if the goods can be returned by post due to their nature, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. If the goods cannot be returned by post due to their nature, we will collect the goods. You shall bear the direct costs of returning the goods. 
 
Exclusion of the right of withdrawal
 
The right of withdrawal does not apply to goods that are individually manufactured according to customer specifications and are clearly tailored to the personal needs of the consumer.
 
End of the withdrawal policy

 

8. final provisions

 

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In dealings with end consumers within the European Union, the law of the end consumer's place of residence may be applicable if and insofar as mandatory consumer law provisions are involved.If the private end consumer is not domiciled within the European Union or if the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction.

Should one or more of these terms and conditions become invalid in whole or in part, this shall not affect the validity of the remaining terms and conditions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

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