TERMS & CONDITIONS NOTICE FOR THE WEBSEITE OF PETER NITSCH
By using this website whether or not you purchase prints you are agreeing with to these terms and conditions with
Nitsch & Malakul
VAT No: DE-234438941
hereafter referred to as ‚Peter Nitsch‘ or ‚we‘.
You must be over the age of 18 years of age or you must be supervised by your parent or guardian to purchase any prints. Non compliance with any of these terms may result in removal of your account and in any event Peter Nitsch reserves the right to remove your account where it considers it is reasonable to do so in its absolute discretion.
Copyright in this website is owned entirely by Peter Nitsch. You are licensed to navigate this website and to purchase prints but otherwise you are not permitted to reproduce or use any part of his website, including text, image or code.
Copyright in all photographs appearing on this website is owned by Peter Nitsch. No copyright nor any license or other right comprised in the copyright in the photographs is granted to you when you purchase a print. The Moral Rights of the photographers is also asserted.
4. Description of products
The description and specification of products on the website is only approximate and we reserve the right to make changes, which do not materially affect the quality or performance of those products.
We may correct any error appearing in the website or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
The colours depicted in photographs or other artworks on this website may not be accurate, due to the nature of both computer operating system colour palettes and computer monitor displays.
You may order products from the website by submitting a completed order form during check out. Every care has been taken by us in the preparation of the content of our website, in particular to ensure prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. However, your order may not be accepted if there are material errors in the description of the goods you have ordered or their prices. All prices are subject to change. All products are subject to availability. We will inform you as soon as reasonably possible should the goods you have ordered be unavailable and a full refund will be offered.
You are able to correct errors in your order up to the point when you click ‘submit’. Your statutory rights shall remain unaffected by these terms and conditions, and except in accordance with these terms and conditions all purchases are non-exchangeable, non-refundable and non-transferable.
We will confirm acceptance of your order by email to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us. We reserve the right in our absolute discretion to accept of reject any offer.
6. Price and payment
The price of the products will be the price quoted on the Website at the time we accept your order. All prices are subject to change.
The price will include any applicable value added tax, but not the cost of delivery. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
In addition to the price, you will have to pay our delivery charges as quoted on the website at the time we accept your order. The amount of these charges varies according to the country of the delivery address you specify in your order.
Refunds will generally be made by means of a credit to your electronic payment account.
7. Import duties, etc
If you order products from our site for delivery outside GERMANY, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
We will arrange for DHL standard delivery of the products you order to the address, which you specify during checkout. We will endeavour to deliver the products by the delivery date or times stated on the website or communicated to you by email. However, the time for delivery will not be essential to the contract between us.
If you do not collect the products, take delivery of the products or supply adequate delivery instructions, we may (but are not obliged to) place the products in storage until delivery can take place and you will be responsible for any additional storage, insurance and delivery charges we incur. We also reserve the right at any time to cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any storage, insurance and delivery charges we incur.
Any claim for incorrect deliveries, shortages or damaged products must be notified to us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.
Peter Nitsch is not responsible for any problems or technical malfunction or outage of computer online systems, servers, or service providers, computer equipment, software, failure, of any e-mail or on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE OR INTERFERE WITH ANY WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PETER NITSCH RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE COURTS OF GERMANY SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING OPERATION OF THESE TERMS AND THIS WEBSITE AND ALL PURCHASES YOU MAKE USING THIS WEBSITE. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
You release all rights to bring any claim, action or proceeding against Peter Nitsch, and hereby acknowledge that Peter Nitsch has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to your use of this website including purchase of prints.
If you have a complaint or dispute please contact Peter Nitsch at email@example.com to assess the possibility of informal resolution.
Barring such informal resolution, any dispute arising from or relating to the subject matter of these terms your use of the website or relationship with Peter Nitsch the matter may be resolved under German law.
10. Cancellation, returns and complaints?
All prints are handmade and therefore sales are final, however you have the right to cancel your order within 14 days of purchase. In order to cancel, you must notify us in writing by email, fax, post or by delivering the notice to the address provided (see ‘contact’ section), to inform us you wish to cancel the order and, should you wish to do so, your reasons for cancellation. You will be entitled to a full refund, including delivery charges, within 30 days of your cancellation notification.
Should the outer packaging be damaged on receipt, please contact us. Should a return be deemed necessary, the return costs will be the responsibility of the purchaser. We strongly recommend you use recorded or special delivery for returned goods, as we are unable to refund items, which are lost in the post. All goods shall remain your responsibility until we receive them.
11. Changes to these terms
It may be necessary to change these terms from time to time or vary the operation of the website without notice to you. Your continued use of the website or subsequent purchase of a print will be deemed acceptance of any amended terms or change to operation of the website. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Germany.