General Terms and Conditions of the Gipsformerei (Replica Workshop) of the Staatliche Museen zu Berlin – Preußischer Kulturbesitz (State Museums of Berlin – Prussian Cultural Heritage)

Section 1 Scope

(1) The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz (Replica Workshop of the State Museums of Berlin – Prussian Cultural Heritage) (hereinafter referred to as “Gipsformerei”) and its customers as amended at the time of the conclusion of the contract.

(2) These terms and conditions apply exclusively. Contractual terms and conditions of the Customer which conflict with or deviate from these Terms and Conditions will not be acknowledged unless the Gipsformerei has expressly agreed thereto in writing.

Section 2 Contracting Parties and Conclusion of Contract

(1) The contract is concluded with the 

Stiftung Preußischer Kulturbesitz
Von-der-Heydt-Straße 16-18
10785 Berlin

represented by its president.

In contracts of the Gipsformerei with its customers, it is represented by

Head of the Gipsformerei,
Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz

Sophie-Charlotten-Straße 17-18
14059 Berlin

Phone: +49 30 3267690
Fax: +49 30 32676912
E-Mail: gf[at]smb.spk-berlin.de

VAT number of the Staatliche Museen: DE 1366 30 206

(2) The offers on the website of the Gipsformerei are non-binding and are not a legally binding offer. On request, you will receive a binding offer within the meaning of Section 145 of the German Civil Code (BGB). The contract is concluded by the subsequent order in accordance with the offer and payment of the deposit according to Section 3 para. 2 of these GTC.

(3) If you conclude the contract on the premises of the Gipsformerei, the contract will be subject to the legal regulations.

Section 3 Prices

You will find our prices on the website of the Gipsformerei as amended. We reserve the right to change prices.

(2) At the conclusion of the contract, a deposit of 30% of the order value is to be paid. Should you withdraw from the contract after expiry of the cancellation period and not in the exercise of warranty according to Sections 437 No. 2 alt. 1, 440, 323, 326 para. 5 of the German Civil Code, the Gipsformerei is entitled to withhold this deposit.

(3) The stated list prices are gross prices, including applicable VAT.

(4) If according to the agreement, the shipment shall be carried out to your location, you will be charged for packaging and transportation.

(5) If goods are delivered outside the European Union and Switzerland, import duties (customs duties) may arise; these shall be borne by the end user in addition to the aforementioned lump sum.

Section 4 Terms of Payment

(1) You can pay by bank transfer.

Our bank details:

Bundeskasse Trier, Dienstsitz Kiel
Deutsche Bundesbank, Filiale Hamburg
IBAN DE18 2000 0000 0020 0010 66
BIC MARKDEF 1200

Usage: STPK 0682-12501- and invoice number

When paying on site, you can also pay in cash, by debit card or credit card.

(2) The delivery shall only be carried out after complete receipt of the payment. For accounting reasons, a payment is always only possible after receipt of the invoice.

Section 5 Pickup and Delivery

(1) If according to the agreement, the goods shall be picked up by the customer, the Gipsformerei will arrange with you a pickup date in good time. If you do not meet the pickup date, the Gipsformerei is entitled to charge a storage fee of maximum € 5 per additional day of storage of the purchased item to cover the storage costs.

(2) If according to the agreement the goods shall be shipped or delivered, the Gipsformerei will deliver the ordered goods to the address indicated by you, once the complete payment amount has been paid. Information about the delivery date is only binding if the Gipsformerei has expressly confirmed this. In case of delay in performance beyond the agreed delivery date, you as the customer of the Gipsformerei, must set a reasonable extension period, which may under no circumstances be less than two weeks. All risks and hazards of the shipment are transferred to you once the goods have been passed by the Gipsformerei to the transport company responsible for delivery (Section 447 of the German Civil Code).

For customers who are consumers in the sense of § 13 BGB, the legal regulation of § 474 para. 2 sentence 2 BGB applies.

Section 6 Exclusion of Set-off

You are not entitled to offset your own claims against payment claims of Gipsformerei, unless your claims are undisputed or have been legally established as final and absolute.

Section 7 Retention of Title

Up to the full payment, the goods remain the property of the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz. The retention of title expires after full payment of the goods.

Section 8 Right of Withdrawal

The right of withdrawal applies exclusively to consumers in accordance with Section 13 of the German Civil Code.

The customer has no right to withdraw if they conclude the contract on the premises of the Gipsformerei.

Cancellation notice

I. Right to withdrawal

You may cancel your contract in writing (e.g. letter, fax, e-mail) within two weeks without obligation to provide reason for the termination or – if the item is delivered to you before the above-mentioned deadline - by returning the goods. The time limit begins after receipt of this notice in text form, however, not before the receipt of goods by the recipient and not before the fulfilment of our information obligations under Section 312 c para. 2 of the German Civil Code in connection with Section 1 para. 1, 2 and 4 of the German Civil Code-InfoV and our obligations according to Section 312 e para. 1 sentence 1 of the German Civil Code in connection with Section 3 of the German Civil Code-InfoV. Timely submission of the cancellation notice or goods is sufficient for compliance with the cancellation period.

The cancellation must be sent to:

Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz
Sophie-Charlotten-Straße 17-18
14059 Berlin
Germany

Fax: +49 30 32676912
E-Mail: gf@smb.spk-berlin.de 

Consequences of cancellation

In the event of an effective cancellation, the mutually received goods, services, and payments must be returned and any benefits (e.g. interest, dividends) surrendered. If you cannot return the product received in full or in part, or only return it in a worse state, you must pay us compensation for the value. This does not apply to the transfer of items, if the deterioration in their condition is solely due to their examination to check whether they are in the condition they would have been in the retail outlet. In addition, you can avoid the obligation to pay compensation for the value in case of deterioration resulting from intended use of the item, by not using the item as your property and omitting to do anything which may impair its value.

Transportable items are to be returned at our risk. You shall bear the costs of the return, if the delivered goods are as those ordered and if you have not provided the return service or a contractually agreed partial payment at the time of the cancellation. Otherwise returns are free of charge for you.

Non-transportable goods will be collected from you. Obligations for reimbursement of payments must be fulfilled within 30 days. The period begins for you with the dispatch of your return or the item, for us with their receipt.

End of the cancellation notice

Section 9 Characteristics of Goods

(1) The Gipsformerei creates replicas of its existing stock of moulds and models. The replicas are equivalent to the originals, they are created using a variety of methods to achieve an approximation to the original. However, deviations from the original are possible in technical and historical terms.

(2) The sizes are usually the replica without base. Please explicitly request a final measurement for matching in your request.

(3) The castings are produced according to the existing templates. Colour- and mould-related changes to the originals (e.g. through restoration or addition) cannot always be taken into account.

(4) The term “white plaster” refers to plaster with a white protective layer. Painted replicas depict the material and the colourfulness of the original. Slight differences from the photographs are unavoidable. Colour- and mould-related changes to the originals (e.g. through restoration or addition) cannot always be taken into account.

(5) For some objects you can only view images of the respective original artwork. Please note that these may to some extent differ from the state of the replicas. Many impressions are in a better condition than the originals.

(6) The casts offered by the Gipsformerei are generally not suitable for installation outdoors or in rooms with high humidity. As an alternative for outdoor use, we recommend the conditionally weather-resistant material “polymer plaster”.

(7) For the rest, you will find all the essential features of the castings on the website of the Gipsformerei.

Section 10 Warranty

The statutory provisions apply.

Damage due to improper installation or cleaning of the casts is not covered by the warranty.

Section 11 Data Privacy

(1) The Replica Workshop uses your data exclusively the processing of the concluded contract.

(2) The Gipsformerei undertakes to treat your personal data confidentially. The basis for this are the applicable statutory provisions.

Cookies are used in our online catalogue to facilitate the use of the catalogue by users. After registration, you will be recognized during subsequent visits to the website of the Gipsformerei. The data stored in cookies saves you time filling out the forms.

A cookie is a small text file which is stored in the memory of the browser. Personal data is not stored in this text file, only a sequence of numbers that can be assigned to the respective user is saved. You can set your browser so that you are informed about the use of cookies and decide to block them as desired.

Section 12 No Production of Copies

The purchaser is not entitled to make reproductions of the castings obtained by the production of castings, reproductions or other methods suitable for the producing a replica.

Section 13 Final Provisions

(1) This contract is governed exclusively by German law, under exclusion of the UN Sales Convention and the private international law.

(2) If the customer is a merchant or legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, Berlin (Germany) shall be the exclusive place of jurisdiction for all disputes relating to the business relationship. However, the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz is also entitled to file legal action at the customer's headquarters.

(3) If one or more provisions of these General Terms and Conditions is wholly or partially invalid or loses its legal validity later, this shall not affect the validity of the remaining terms and conditions.

June 2018