Online Terms and Conditions
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERMS, DO NOT USE THE WEB SITE.
WARNING:THE CONTENT OF THE WEB SITE IS NOT INTENDED FOR MINORS. SUCH CONTENT EXTENDS TO A WIDE RANGE OF ART, IS GENERALLY UNCENSORED, AND MAY INCLUDE NUDITY OR OTHER GRAPHIC OR LITERARY CONTENT THAT SOME PEOPLE MAY CONSIDER OFFENSIVE. IF YOU ALLOW YOUR CHILD TO USE YOUR COMPUTER, IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER ANY OF THE SERVICES, CONTENT AND SUBJECT MATTER DISPLAYED ON THE WEB SITE IS INAPPROPRIATE FOR YOUR CHILD, AND TO CONTROL THE CHILD'S USE OF THE COMPUTER ACCORDINGLY. IF YOU YOURSELF FIND OFFENSIVE CONTENT OF THE TYPE REFERRED TO ABOVE, YOU SHOULD NOT USE THE WEBSITE.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither Mr Peluche nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1 FORMATION OF THE CONTRACT FOR ONLINE TRANSACTIONS
1.1 These terms of sale ('Terms') apply to goods supplied by the artist Mr Peluche ('Mr Peluche') trading from Eisenacher Strasse 85, 10781 Berlin and ordered from the Mr Peluche website at www.mrpeluche.com (the 'Website').
1.2 These Terms should be read carefully by you before you place an order for goods from Mr Peluche. If you do not accept these Terms you should not place an order.
1.3 No contract exists between you and Mr Peluche for the sale of any goods until Mr Peluche has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. Mr Peluche shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and Mr Peluche.
1.4 You must be eighteen (18) years of age or older to order from the Website and by accepting these Terms you are confirming to us that you are no less than eighteen years of age.
1.5 Mr Peluche may change these Terms without notice to you in relation to future sales.
2 AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Mr Peluche will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you for the goods.
2.2 The description, specification and price of the goods you order will be as shown on the Website at the time you place your order.
2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in Euro (€) and will, unless specified to the contrary on the Website, include packaging and delivery charges.
2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, Mr Peluche will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel within one week after your order, Mr Peluche will refund or re-credit you for any sum that has been paid by you for the goods.
2.5 The price of the goods shown on the Website is exclusive of MwSt. or other applicable sales taxes which will be added on confirmation of your address and prior to you placing your order.
2.6 Where the goods are supplied for export from Germany, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
3.1 Payment for the goods and delivery charges can be made by a major credit card (presently being Visa, MasterCard and American Express), wire transfer or Paypal. Funds will be deemed to be paid when cleared in the bank of Mr Peluche.
3.2 All deliveries are subject to prior authorisation of your payment.
4 DELIVERY AND RISK
4.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by Mr Peluche except in the case of goods paid by credit card which must be delivered to the billing address.
4.2 All publications ordered from Mr Peluche shall be sent to you by UPS or DHL. Mr Peluche shall endeavour to deliver the publications within 30 days after receiving your payment.
4.3 If delivery cannot be made to your address, Mr Peluche will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
4.5 Every effort will be made to deliver the goods within the time periods specified above. If Mr Peluche is unable to deliver the goods within 30 days of receiving your order, Mr Peluche will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you for the goods. Mr Peluche will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.6 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once Mr Peluche has received cleared funds from you.
5.1 Mr Peluche shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
5.2 Subject to paragraph 5.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact Mr Peluche by phone or notify Mr Peluche by post, fax or email in accordance with the contact details at paragraph 10 below.
5.3 Mr Peluche will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by Mr Peluche to supply the goods in accordance with the contract.
5.4 Mr Peluche shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond Mr Peluche's reasonable control. This condition does not affect your statutory rights.
6 DATA PROTECTION
6.1 Mr Peluche will take all reasonable precautions to keep the details of your order and payment secure but unless Mr Peluche is negligent Mr Peluche will not be liable for unauthorised access to information supplied by you.
6.2 Mr Peluche will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Mr Peluche at the address, fax number or email address shown below.
6.3 Mr Peluche would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please contact Mr Peluche. If at any time you wish to receive such information again, you can give notice to Mr Peluche at the address, or email address shown at paragraph 9 below, or in reply to any email from Mr Peluche.
7 COOKIES Mr Peluche may use technology to track the patterns of behaviour of visitors to the Website and 'personalise' your viewing experience. This can include using a 'cookie', which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well as it might if you switch off cookies.
8 INTELLECTUAL PROPERTY
8.1 All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Mr Peluche or its licensors.
8.2 You may download downloadable items displayed on the Website solely for personal non-commercial purposes or for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
9 Mr Peluche's CONTACT DETAILS
9.1 If you have any queries about these Terms or any other aspect of our Website you can email us at firstname.lastname@example.org or write to us at Mr Peluche, c/o The Ballery, Nollendorfstr. 11, 10777 Berlin, Germany. We will endeavour to respond as quickly as possible.
10.1 Mr Peluche may at its discretion record telephone calls for the purposes of staff training and quality control. Tapes will be erased after review.
10.2 These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with Mr Peluche for the supply of goods online.
10.3 These Terms and Conditions is subject to German law, and the German courts will have jurisdiction in respect of any dispute arising.