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Introductory Remark:
The language of the contract is German. Consequently, only the German version of these General Terms and Conditions of Sale (GTC), referred to as “Allgemeine Geschäftsbedingungen” (AGB), is authoritative for the interpretation of the terms of sale.
For the sake of readability, the generic masculine form is used, which includes all persons.
By placing an order for a copy of the work via Sculpictor Diffusion GmbH, the customer agrees to these GTC by signing them. Without acceptance of the GTC, placing an order is not possible.
1.1 Sculpictor Diffusion GmbH, St. Alban-Anlage 46, 4052 Basel, exclusively sells copies of the works by the artist René Mayer.
1.2 Only individuals who are of legal age and have legal capacity are considered as contracting parties (customers) of Sculpictor Diffusion GmbH.
2.1 These GTC apply to the ordering of copies of the work (as defined below) via Sculpictor Diffusion GmbH. These GTC specifically regulate the rights and obligations of Sculpictor Diffusion GmbH and the customer in connection with the use of the website www.renemayer.art as well as the reservation and purchase of copies of the work via Sculpictor Diffusion GmbH. Furthermore, these GTC govern the formation and content of the contract between Sculpictor Diffusion GmbH and the customer.
2.2 Sculpictor Diffusion GmbH reserves the right to amend these GTC at any time and without prior notice. The version of the GTC that applies at the time of the order and is published on the website www.renemayer.art is binding.
A “copy of the work” is defined as any artwork presented by Sculpictor Diffusion GmbH on the website www.renemayer.art with a description that enables the customer to identify its essential characteristics (author, title, dimensions, material, etc.) as well as its price, and that is designated as “available”. Copies of the work marked as “reserved” are not for sale.
4.1 The presentation of copies of the work on the website www.renemayer.art or in other printed or digital advertising or sales materials (e.g., brochures, advertisements, price lists, etc.) does not constitute a legally binding offer but merely an invitation for the customer to place an order. An order is considered the customer’s offer to Sculpictor Diffusion GmbH to conclude a contract.
4.2 A binding order is triggered when the customer: • Completes all necessary data on the printed order form for contract processing (including first name, last name, address, postcode, city, country, email, phone number, any differing delivery address), selects the contract type (purchase or purchase on approval), the payment method (including providing the required payment details), and the method of delivery, and confirms these details with their signature; • Confirms by signature on this document that they have read and accepted these GTC.
4.3 Upon receipt of a complete and valid order, Sculpictor Diffusion GmbH confirms the receipt of the order. From the dispatch of the order confirmation, the copy of the work will be reserved for the respective customer, if possible, for ten working days.
5.1 Sculpictor Diffusion GmbH reserves the right to reject orders in whole or in part without giving reasons. In this case, the customer will be informed, and any payments already made will be refunded. Further claims are excluded.
5.2 The contract is only concluded with the confirmation of readiness for shipment by Sculpictor Diffusion GmbH by email or post to the customer or with the actual handover of the ordered and fully paid copies of the work to the customer or the responsible transport company. If the order includes multiple copies of the work, the contract is only concluded for those fully paid copies of the work whose readiness for shipment has been confirmed by email or post or which have been actually handed over to the customer or the responsible transport company.
The applicable prices are those listed at the time of the order on the website www.renemayer.art or in other printed or digital advertising or sales materials (e.g., brochures, advertisements, price lists, etc.). These prices are in Swiss Francs (CHF) and do not include packaging costs, domestic or foreign taxes, duties, customs fees, or other charges. Technical changes, errors, and printing mistakes are reserved.
7.1 Payment is to be made in Swiss Francs and, as selected by the customer at the time of the order, in one of the following three ways:
7.2 The customer will be informed by Sculpictor Diffusion GmbH via email or post about the receipt of the full payment and the resulting readiness for shipment of the copies of the work. Packaging costs, domestic or foreign taxes, duties, customs fees, and other charges will be calculated by Sculpictor Diffusion GmbH and communicated to the customer unless the customer handles these formalities themselves. These costs are the full responsibility of the customer.
8.1 The handover of copies of the work is carried out according to the customer’s choice at the time of the order, in one of the following ways:
8.2 Collection by the customer or the responsible transport company must occur within 20 working days after receipt of the shipment readiness confirmation at the address specified therein. If the copy of the work is not collected within the deadline, Sculpictor Diffusion GmbH may withdraw from the contract without prior notice and/or setting a deadline and return the copy of the work to “available” status on the website www.renemayer.art and in printed or digital advertising or sales materials (e.g., brochures, advertisements, price lists, etc.). In this case, the customer will be informed, and any payments made will be refunded minus a reasonable compensation for expenses (e.g., packaging costs).
8.3 In the case of cross-border transport, only the customer and/or the responsible transport company is considered the exporter and/or importer of the purchased copies of the work. Therefore, only the customer and/or the responsible transport company is responsible for all domestic and/or foreign taxes, duties, customs fees, or other obligations related to the transport and/or delivery of the copy of the work.
8.4 Sculpictor Diffusion GmbH will provide recommendations for a suitable transport company in the shipment readiness confirmation (including a non-binding cost estimate from the respective transport company), but the final selection and engagement of the responsible transport company is solely the responsibility of the customer.
8.5 All copies of the work will be handed over together with a transfer confirmation, a certificate of authenticity, and protective packaging.
9.1 Sculpictor Diffusion GmbH guarantees that, at the time of handover, the copy of the work corresponds to the characteristics confirmed in the transfer confirmation and certificate of authenticity (author, title, dimensions, material, etc.) and is free from defects that would impair its value.
9.2 The customer undertakes to inspect the copy of the work immediately after handover or delivery for the confirmed characteristics and freedom from defects. Missing confirmed characteristics or defects must be reported to Sculpictor Diffusion GmbH in writing (email is sufficient) immediately after handover or delivery. Otherwise, the copy of the work will be deemed accepted.
9.3 Defects that were not detectable during proper inspection as per the above paragraph must be reported to Sculpictor Diffusion GmbH in writing (email is sufficient) immediately after discovery; otherwise, the copy of the work will be deemed accepted even with respect to these defects.
9.4 Sculpictor Diffusion GmbH may fulfil the warranty either by replacement or reduction in price.
9.5 Sculpictor Diffusion GmbH assumes no liability for damages and/or defects to the copy of the work that occurred during loading, transport, or delivery of the copy of the work.
9.6 There is no right of return for handed-over or delivered copies of the work. Exceptions are made only in cases where the customer has selected the “purchase on approval” contract type at the time of ordering (refer to Clause 11).
10.1 Sculpictor Diffusion GmbH is liable for proven damages caused by wilful intent or gross negligence in the event of a breach of duties arising from these GTC and the contractual relationships based on them. Liability for slight and moderate negligence, as well as for indirect and consequential damages, whether arising from contract, tort, or any other legal grounds, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, reputational damage, or data loss due to temporary impairments or interruptions in the availability of Sculpictor Diffusion GmbH’s services, transmission errors, incorrect price or performance information, and errors in receipt, shipment readiness, and/or handover confirmations. Furthermore, Sculpictor Diffusion GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons employed by Sculpictor Diffusion GmbH to provide the service. The above exclusions and limitations of liability do not apply in the event of culpable direct injury to life, body, or health, or in the case of mandatory legal regulations, including the Product Liability Act. Subject to the foregoing, total liability under these GTC, regardless of the legal grounds, is limited to the price of the copy of the work that the customer ordered from Sculpictor Diffusion GmbH.
10.2 In the event of occurrences outside the influence and/or control of Sculpictor Diffusion GmbH (so-called force majeure), no liability or responsibility will be assumed for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationships based on them.
10.3 Upon handover of the copy of the work, benefits and risks, especially the risk of theft, damage by third parties, environmental influences, and force majeure, pass to the customer.
If the customer selects the contract type “purchase on approval” when ordering a copy of the work, the following additional provisions apply:
11.1 In the event of the return or return shipment of the copy of the work, the customer owes Sculpictor Diffusion GmbH compensation in the amount of 0.5% of the price of the copy of the work (Section 6) per day, calculated from the day of delivery (Section 8) until and including the day of return to an address to be designated by Sculpictor Diffusion GmbH. This compensation is due on the day of return. The return or the arrangement of the return shipment is the sole responsibility and at the cost of the customer. Once the copy of the work has been returned or sent back to the address specified by Sculpictor Diffusion GmbH, the paid price of the copy of the work (Section 6) will be refunded to the customer. The amount to be refunded may be partially offset by the compensation owed by the customer.
11.2 In the event of damage or alteration of the copy of the work after delivery (Section 8), Sculpictor Diffusion GmbH is entitled to refuse the return of the copy of the work and retain the full purchase price (Section 6).
11.3 If the customer wishes to purchase the copy of the work, they must confirm the purchase through a written notice (email is sufficient) to Sculpictor Diffusion GmbH.
11.4 The customer is obliged to carefully and properly transport, store, and/or handle the copy of the work after delivery.
11.5 The customer is obliged to take out suitable insurance for potential damage to the copy of the work. Proof of this insurance must be provided to Sculpictor Diffusion GmbH no later than the time of delivery (Section 8) of the copy of the work by presenting an appropriate document.
11.6 Otherwise, all preceding and subsequent provisions of these Terms and Conditions shall apply to the contract type “purchase on approval” mutatis mutandis (in particular also Sections 4-10).
12.1 The data provided by the customer will be stored and processed by Sculpictor Diffusion GmbH in compliance with the applicable Swiss data protection regulations. Personal data of (potential) customers is primarily stored, processed, and passed on to third parties for the purpose of handling and processing inquiries, orders, and purchases.
12.2 By placing an order or transmitting data to Sculpictor Diffusion GmbH, the customer expressly agrees that their personal data will be stored, processed, and passed on to third parties as necessary for these purposes.
12.3 The data will be deleted in compliance with legal regulations as soon as it is no longer necessary for the mentioned purposes.
12.4 The customer has the right to access their personal data and request its correction or deletion. A written request must be sent to www.renemayer.art for this purpose.
12.5 Detailed information can be found under “Privacy Policy” on the website www.renemayer.art.
13.1 René Mayer is the holder of the copyrights to his works. By purchasing a copy of the work from Sculpictor Diffusion GmbH, the customer acquires only the right to exhibit, resell, or otherwise distribute the specific copy of the work (principle of exhaustion). However, the customer is not entitled to reproduce the copy of the work in any form.
13.2 In the event of the resale of the copy of the work, the customer is obliged to inform Sculpictor Diffusion GmbH of the name and contact details of the new owner of the copy of the work.
14.1 Should individual provisions of these Terms and Conditions be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The void and/or ineffective provisions are to be replaced by those that come as close as possible to the sense and purpose of the void and/or ineffective provisions in a legally effective way. The same applies to any gaps in the regulations.
14.2 These Terms and Conditions, their amendments, and any disputes arising out of or in connection with the legal relationships of the parties are subject exclusively to substantive Swiss law, excluding the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.3 To the extent legally permissible, the courts of the Canton of Basel-Stadt have exclusive jurisdiction for the resolution of disputes (including the assertion of counterclaims and set-off claims) arising out of or in connection with these Terms and Conditions (including their validity, legal effectiveness, interpretation, or fulfillment).
14.4 In case of questions or concerns, buyers can contact Sculpictor Diffusion GmbH via the contact form on the website www.renemayer.art.
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