Please read this carefully. By submitting an order on this
website you are agreeing to the terms that appear below which
shall apply to your use of this website along with the Legal
Notice and Privacy
Policy
1 DEFINITIONS
"Pictoplasma" shall mean Pictoplasma, Denicke &
Thaler GbR, Brunnenstr. 10 (HH), 10119 Berlin, Germany, the
publisher and distributor for internet orders of the books and
products appearing on this website. "website" shall
mean the website owned and operated by Pictoplasma, "goods"
shall mean the books or other products appearing on the website
except for tickets to our events that are subject to special
Terms and Conditions of Sale - Tickets to Events. "Customer"
shall mean an individual natural person dealing as consumer
or a company, firm, sole trader or other organisation purchasing
goods from Pictoplasma in each case for their own use and not
for re-sale.
2 GENERAL
2.1
All contracts for the sale of goods by Pictoplasma to the Customer
are governed by these Terms and Conditions of Sale. Pictoplasma
reserve the right to amend these Terms and Conditions of Sale
at any time although the terms and conditions governing any
given contract of sale will be those in effect at the date the
Customer's order is sent. When these Terms and Conditions of
Sale are changed, Pictoplasma will post a notice on the homepage
of the website. The contract of sale for any goods ordered after
Pictoplasma have published notice of the changes will be governed
by those changes.
2.2
All goods are sold subject to the condition that they shall
not, by way of trade or otherwise, be lent, re-sold or hired
out or otherwise circulated without Pictoplasma's prior consent,
in any form of binding or cover other than that in which they
are published and without a similar condition being imposed
on the subsequent purchaser.
2.3
All prices are quoted in Euro.
3 CONTRACT OF SALE
3.1
The Customer may order goods from this website only. Pictoplasma
shall confirm acceptance of the Customer's order by e-mail,
on transmission of which the contract of sale will be made.
Goods will be supplied to the Customer in accordance with the
Customer's order and these Terms and Conditions of Sale.
3.2
In the event that the Customer does not have e-mail, Pictoplasma
will not be able to sell the goods.
4 PRICE
4.1
The price of the goods shall be as quoted on the Website on
the date the Customer's order is sent to Pictoplasma subject
only to any technical error for which Pictoplasma shall not
be liable.
4.2
The price stated on the website is inclusive of any VAT chargeable
in Germany.
4.3
The price of the goods does include the cost of postage and
packing. For goods on which VAT is chargeable, as required,
VAT shall also be levied on the cost of postage and packing.
4.4
Pictoplasma shall not be responsible, and the Customer has sole
responsibility, for complying with any legislation or regulation
governing the importation of goods into the country of destination
and for the payment of any import or other duties or taxes.
5 METHODS OF PAYMENT
5.1
Payment may be made by credit card on line via our formular
through the service of Worldpay (UK) or through the service
of PayPal (USA). Payment may also be made by bank transfer via
the service of PayPal (USA).
5.2
The credit cards accepted by Pictoplasma are those listed on
the Website on the date on which the Customer's order is sent.
6 DELIVERY
6.1
Books shall be despatched on behalf of Pictoplasma. Delivery
shall be made to the address specified by the Customer on the
completed order.
6.2
Pictoplasma shall endeavor to ensure that the goods are delivered
within 30 days of the date the Customer's order is sent but
the Customer agrees that delivery after this period shall be
accepted. All goods will be delivered via airmail.
7 RIGHT OF CANCELLATION
7.1
A Customer who is an individual natural person has the right
to cancel the contract up to 7 working days after the day following
the delivery of the goods by notifying Pictoplasma by e-mail.
7.2
In the event that the goods have already been despatched at
the date of receipt of the Customer's cancellation of the contract
the Customer shall return the goods to Pictoplasma at the Customer's
own cost, in the packaging in which the goods were delivered
or equivalent packaging.
7.3
In the event of cancellation of the contract, Pictoplasma will
credit the Customer's credit or debit card with the price of
the goods within 30 days beginning with the day on which notice
of cancellation was given. Credit shall not be made unless and
until the goods have been returned to Pictoplasma in a re-saleable
condition.
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8 DEFECTIVE GOODS
8.1
The Customer shall inspect the goods and notify Pictoplasma within
7 days of delivery of any manufacturing faults revealed by that
inspection.
8.2
Subject to the Customer returning the goods Pictoplasma will replace
such goods as it agrees to be faulty provided that such replacement
can be made from current stock and Pictoplasma will credit the
Customer the cost of returning the goods.
8.3
If replacement cannot be made from stock, Pictoplasma will refund
the price of any faulty goods including postage and packaging.
Pictoplasma will not accept any further claims for loss whether
of or in connection with supply of faulty goods, whether direct,
indirect, consequential or otherwise, howsoever arising.
9 LOSS OF OR DAMAGE TO GOODS IN TRANSIT
9.1
In the event that the goods are not received by the Customer within
a reasonable period of Pictoplasma's acceptance of the Customer's
order the Customer shall notify Pictoplasma Distributors and Pictoplasma
will deliver the goods a second time. In the event the original
goods are subsequently received by the Customer, the Customer
shall notify Pictoplasma Distributors and return the goods to
them.
9.2
In the event that the goods are damaged in transit, the Customer
shall notify Pictoplasma Distributors within 7 days after the
date of delivery and subject to the Customer returning the goods
and their receipt by Pictoplasma, Pictoplasma will despatch replacement
goods, if available, or Pictoplasma will credit the Customer the
price of the goods and postage and packing if they are not.
9.3
In either of the events envisaged by Clause 9.1 and 9.2, Pictoplasma's
liability shall be limited to the price of the goods and postage
and packing.
10 RISK AND OWNERSHIP
10.1
Risk of damage or loss of the goods shall pass to the Customer
on delivery of the goods or, if the Customer fails to take delivery
of the goods, at the time when delivery would otherwise have been
effected.
10.2
Title in the goods shall pass to the Customer on delivery of the
goods.
11 WARRANTY AND LIABILITY
11.1
Pictoplasma warrant that the goods will correspond with the Customer's
order where stock is available and the goods delivered will be
free of defects although Pictoplasma's liability for breach of
these warranties is restricted to the remedies set out in Clauses
6, 8 and 9.
11.2
The goods are not sold as fit for any particular purpose and save
for Clause 11.1 any warranty, condition express, implied or statutory
or any duty of any kind imposed on Pictoplasma by operation of
law is excluded to the fullest extent permitted.
11.3
If, notwithstanding the provisions of Clause 11.2, liability attaches
to Pictoplasma by operation of law, in no circumstances shall
Pictoplasma's liability to the Customer exceed the total contract
price of the goods and postage and packing.
11.4
Pictoplasma will not be deemed to be in breach of contract or
of these Terms and Conditions of Sale as a result of any delay
in its performance or failure to perform its obligations if that
delay or failure to perform is due to any cause or circumstance
beyond Pictoplasma's reasonable control including, but not limited
to, postal or other carrier strikes, fire, flood and other acts
of God, riot, accident, civil commotion or war.
12 DISCLAIMER
Pictoplasma disclaims all responsibility and liability for the
import into any country of any goods which infringe any local
legislation of that country.
13 WITHDRAWAL OF GOODS
Pictoplasma reserve the right to withdraw from sale any goods
published or previously supplied by it without prior notice or
liability to the Customer.
14 CUSTOMER COMPLAINTS
Any Customer complaints should be addressed to
Pictoplasma,
Denicke & Thaler GbR,
Brunnenstr. 10 (HH),
10119 Berlin,
Germany,
T + 49 (30) 4862 3231,
F + 49 (30) 4862 3260,
E contact@pictoplasma.com
15 GENERAL
15.1
If any of these terms and conditions of sale is held by any court
of competent authority to be unlawful, invalid or unenforceable,
in whole or in part, this shall not effect the validity of the
remaining terms and conditions of sale which shall continue to
be valid and enforceable to the fullest extent permitted by law.
15.2
The Contract of Sale and these Terms and Conditions of Sale shall
be governed by German law and Pictoplasma and the Customer hereby
submit to the exclusive jurisdiction of the German courts in relation
to any dispute which may arise between them. |