“Pictoplasma” shall mean Pictoplasma, Denicke & Thaler GbR, Reinickendorfer Strasse 17, 13347 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.
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.
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.
All prices are quoted in Euro.
3 CONTRACT OF SALE
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.
In the event that the Customer does not have e-mail, Pictoplasma will not be able to sell the goods.
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.
The price stated on the website is inclusive of any VAT chargeable in Germany.
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.
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
Payment may be made through the service of PayPal (USA).
The credit cards and payment methods accepted by Pictoplasma are those listed on PayPal’s Website on the date on which the Customer’s order is sent.
All Products shall be despatched on behalf of Pictoplasma, Berlin, usually once weekly (Friday 12:00 CET). Delivery shall be made to the address specified by the Customer on the completed order.
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 regular post (DHL).
7 RIGHT OF CANCELLATION
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.
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.
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.
8 DEFECTIVE GOODS
The Customer shall inspect the goods and notify Pictoplasma within 7 days of delivery of any manufacturing faults revealed by that inspection.
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.
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
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.
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.
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
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.
Title in the goods shall pass to the Customer on delivery of the goods.
11 WARRANTY AND LIABILITY
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.
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.
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.
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.
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
Denicke & Thaler GbR
Reinickendorfer Strasse 17
T +49 (0)30 - 91 50 91 88
E hello (at) pictoplasma (dot) com
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.
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.