Terms and Conditions
General Terms and Conditions / Bookstore
1. Who we are
Esther Schipper GmbH, Potsdamer Straße 87, 10785 Berlin (hereinafter referred to as "Gallery") executes orders on the basis of the following General Terms and Conditions ("GTC") in the form valid at the time of your order. Any deviating terms and conditions shall not apply.
The gallery can be reached by phone at 030-374433133, Monday through Thursday 10:00 a.m. to 6:00 p.m., or by email at bookstore@estherschipper.com
2. Conclusion of contract
2.1 All information on products, product features and prices are subject to error. The offer is subject to confirmation. The customer's order constitutes an offer to the Gallery to conclude a contract.
2.2 The customer can submit the offer to purchase goods via the online order form integrated in the webshop. When ordering via the online order form, the customer submits a legally binding contract offer after entering his personal data and by clicking the "Buy now" button in the final step of the ordering process. By completing the order, the customer accepts the validity of our GTC for the order.
2.3 After completion of the order, the customer will be automatically informed by e-mail that the order has been received. In this e-mail, the data of the order will be listed again. This e-mail does not constitute a binding acceptance of the offer submitted by the customer. A binding acceptance shall only come about with a separate e-mail with which we confirm the dispatch of the goods to the customer.
2.4 A customer account cannot be created. Customers have the option to order as a guest. The data will only be used in the context of the order.
2.5 The data of the order will be stored until the complete processing of the order (also for the processing of inquiries of the customer regarding the order), thereafter archived for the storage according to tax and commercial law.
3.Delivery, availability of goods
3.1 Delivery is made to the countries specified and selectable in the webshop.
3.2 The delivery time to the specified delivery address is 5 working days from receipt of payment by us.
3.3 The time limit for delivery shall commence two banking days after the payment order has been issued to the remitting bank in the case of payment in advance, and on the day after conclusion of the contract in the case of other payment methods, and shall end with the expiry of the last day of the time limit. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
In the event of delays in delivery, the customer will be informed immediately.
3.4 For all orders, the shipping costs shown below are to be borne by the customer.
3.5 If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the risk of accidental loss or accidental deterioration of the goods shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk shall not pass until the goods are handed over to him.
4. Retention of title
Until full payment, the Gallery remains the owner of the delivered goods.
5. Prices and shipping costs
5.1 All prices are inclusive of the applicable statutory value added tax.
5.2 In addition to the stated prices, the Gallery charges shipping costs per order for delivery.
Shipping costs are calculated according to the quantity of goods ordered (weight) and the country to which the order is shipped (place of delivery). The shipping costs are clearly communicated to the customer in the shopping cart system before completing the order.
5.3 If the order is cancelled, we will refund any shipping costs paid.
5.4 The direct costs of returning the goods shall be borne by the customer.
The return is to the following address:
Esther Schipper Ltd.
Potsdamer Street 87
10785 Berlin
6. Payment modalities and electronic invoice
6.1 In principle, the Gallery offers the Customer a choice of the following payment options:
Invoice with Klarna,
PayPal,
Sofortüberweisung,
Shopify Payment,
Credit card (Mastercard, Visa),
Apple Pay,
Google Pay
For each order, the Gallery reserves the right not to offer certain payment methods and to refer to other payment methods.
6.2 The Gallery offers the payment option purchase on account in cooperation with Klarna (www.klarna.com). The prerequisite for payment on account with Klarna is the consent to the transmission of the data required for invoice processing and an identity and credit check to Klarna. In case of a positive result of the credit check, the Gallery assigns its claim against the customer to Klarna. In case of payment on account with Klarna, the Klarna terms and conditions of invoice apply. The invoice amount is to be paid within thirty days after the shipment of goods to the account sent by Klarna by e-mail. The payment information will be sent separately by Klarna by e-mail. Payments to the Gallery's bank account will not be forwarded, but transferred back.
6.3 The payment method PayPal requires a PayPal account in which the payment must be released. PayPal carries out a credit check, if necessary, for which the entered data of the delivery can also be used. More details can be found in the terms and conditions of PayPal.
6.4 The Gallery uses the payment service provider "Shopify Payments". If the customer chooses a payment method offered through the payment service provider Shopify Payments, the payment processing is carried out by the technical service provider Stripe Payments Europe Ltd, to which the information provided during the ordering process, along with information about their order will be passed. More details can be found in the terms and conditions of Shopify and Stripe.
6.5 Provider of the payment option "Sofortüberweisung" is Sofort GmbH, (www.sofort.de). With the help of the "Sofortüberweisung" procedure, the Gallery receives a payment confirmation from Sofort GmbH in real time. If the customer chooses the payment method "Sofortüberweisung", the customer transmits the PIN and a valid TAN to Sofort GmbH, with which the latter can log into the customer's online banking account. Sofort GmbH automatically checks the customer's account balance after logging in and carries out the transfer to the gallery using the TAN transmitted by the customer. Sofort GmbH then transmits a transaction confirmation to the Gallery. After logging in, the customer's turnover, the credit line of the overdraft facility and the existence of other accounts and their balances are also checked automatically. In addition to the PIN and the TAN, the payment data entered by the customer as well as personal data are transmitted to Sofort GmbH. The transmission of this data is necessary to establish the identity of the customer beyond doubt and to prevent fraud attempts. Details on payment with Sofortüberweisung can be found in the terms and conditions of Sofort GmbH.
6.6 The provider of the Mastercard payment service is Mastercard Europe SA (www.mastercard.de). More details can be found in the terms and conditions of Mastercard.
6.7 Provider of this payment service VISA is Visa Europe Services Inc. (www.visa.de). For more details, please refer to the terms and conditions of Visa.
6.8 The prerequisite for the Apple Pay payment method is the use of the Safari browser on the Customer's iPhone, iPad or Mac (and a corresponding Apple account as well as a payment method approved for this). For more details, please refer to the Apple Pay terms and conditions.
6.9 Customers who use the current version of the Android operating system on their end device can use Google Pay as a payment method for orders (prerequisite is a Google account and a payment method approved for this). More details can be found in the terms and conditions of Google Pay.
6.10 Only an electronic invoice / credit note shall be issued.
7. Warranty law
The customer is entitled to the statutory warranty rights with regard to the goods (and digital products, if applicable) offered in the online store.
8. Liability
The legal liability applies.
9. Cancellation policy
The right of withdrawal applies only to consumers.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Esther Schipper GmbH, Potsdamer Straße 87, 10785 Berlin, phone: +49 030-374433133, e-mail: bookstore@estherschipper.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to
Esther Schipper Ltd,
Potsdamer Strasse 87,
10785 Berlin
E-mail: bookstore@estherschipper.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date has passed.
10. Complaints/dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court.
The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.
Esther Schipper GmbH is neither willing nor obligated to participate in a dispute resolution procedure.
11. Data protection
In addition, our data protection provisions must be observed.
12. Applicable law and place of jurisdiction
To the extent permitted by law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.
As far as legally permissible, Berlin is agreed as the place of jurisdiction.
Status 09/12/2023