is brought to you by:
Layer Cake UG (haftungsbeschränkt)
Linienstr. 213, 10119 Berlin, Germany
P +49 (0)30 9954 1927
Managing Director: Eckard Buscher
HRB Nr.: 144100B, Court of Registration Charlottenburg
Jurisdiction is Berlin, Germany
We would like people to enjoy this website, the content, works of art and products created by Chauntelle Trinh and Eckard Buscher (TrinhBuscher). As artists this is their livelihood so please respect this and the copyright laws.
All images and content on this website are protected by German and international copyright law and may not be copied, reproduced or altered in any way without the explicit written permission of Chauntelle Trinh and Eckard Buscher (TrinhBuscher). By visiting this website you agree to be bound by these terms.
Copyright © 2008-12 TrinhBuscher. All rights reserved.
1.1. Layer Cake UG, Linienstrasse 213, 10119 Berlin, Germany, operates an online sales platform for works of art and products by Trinh Buscher also known as Chauntelle Trinh and Eckard Buscher at www.metropolitan-cityscapes.com / www.store-metropolitan-cityscapes.com. As the provider and owner of the platform, Layer Cake UG is the contracting partner for individuals who wish to buy items at such a platform (hereinafter "we" "us" or "our company").
1.2. These General Terms and Conditions (hereinafter "Terms") apply to the online store at www.metropolitan-cityscapes.com / www.store-metropolitan-cityscapes.com and for all contractual relationships via the online store between us and our customers.
1.3. The current Terms and Conditions are found under the link "Legal" of our website. We reserve to change or modify the Terms and Conditions at any time. The version at the conclusion of the contract are binding. Any diverging terms and conditions shall not be applicable without prior written notice.§2 Offer and Conclusion of the Contract
2.1. The works of art and products listed by Layer Cake UG in the online store shall not be deemed to be an offer for sale but only an invitation to customers (hereinafter "you") to submit a purchase order. By selecting an item or items that are then placed into a "Basket" whilst ordering online, you open a purchase contract. You will be asked to enter your data and will be able to review your order and data before clicking the "Confirm Order" button, thereby closing the purchase contract. A confirmation of the order will be sent to the email address you provided. It will include a copy of the Terms and details of the purchase, please make sure they correspond with your order.
2.2. Our online store is exclusively for adults of legal age. By accepting these Terms, you confirm that you are of legal age. If you are a minor and wish to make a purchase, please email us to arrange it with you and a legal guardian.
2.3. Prices indicated in the online store are net prices with VAT included. Therefore no additional taxes or customs duties are charged for items that are shipped within the European Union. The cost of shipping is additional to the purchase price and displayed respectively during the ordering process.
2.4. In the event that an item offered on our online shop is not available, we reserve the right to withdraw the purchase contract. In such a case you will be immediately notified and any payments refunded.§3 Payment
3.1. Orders made via our online shop are payable via PayPal or credit transfer into our German bank account, depending on the option you choose when ordering. Credit card payment is possible via the payment options provided by Paypal (Mastercard, Visa Card, Amarican Express, Lastschrift and Giropay).
3.2. By placing your order online, you agree to the receipt of the invoice as a PDF file by e-mail to your email address. Please email us if you wish to have your invoice sent via Post for a fee of € 2.00 per invoice.
3.3. Orders will only be dispatched after the receipt of the purchase order and shipping costs to our bank account in full.4§ Retention of Title
We retain ownership of the goods until payment has been fully received.5§ Delivery
5.1. To ensure the safety of their arrival, all items are packaged securely before they are dispatched. Once received by our logistics partner DHL, you will be emailed a tracking code that will enable you to track the journey of your parcel online via the website www.dhl.com.
5.2. We try our best to delivery the goods to you promptly. The shipping of goods will be carried out once the purchase order and shipping costs have been paid in full. Delivery times may vary depending on the destination, particularly for international orders. Please allow 1-2 weeks for delivery within Germany and EU countries. International and non-EU shipments take approximately 2-3 weeks to arrive in the destination country but delivery may take longer due to customs.
Please note that our statements regarding delivery times are non-binding and without guarantee since the activities of postal services, delivery companies and customs are beyond our control. Unless we are directly responsible for the delay, we will not be held liable and therefore no claims shall be made against us. The customer is responsible for the payment of all applicable customs duties, tariffs, taxes and/or VAT.
5.3. Please inspect the goods upon delivery. In the event that the goods arrive damaged, please notify us immediately via email. If possible, please keep the damaged packaging until the matter is resolved.
5.4. For international and non-EU shipments, the recipient is responsible for any tax and/or customs duties incurred.
5.5. In the event that the parcel cannot be delivered to the address you provided, you will be responsible for any additional costs that may arise.
5.6. In case of wrong deliveries and obvious defects, the customer has to give notice thereof within a period of 8 days after delivery of the goods.
5.7. If the customer is a business person defined by § 14 BGB, in accordance with § 447 BGB risk is transferred to the customer with the handover of the sold items to the transportation or shipping company. Any claims from resulting damage or loss after handover must therefore be asserted against the transportation or shipping company.
5.8. For merchants who have a closed contract with us to operate your trading business (trading business as defined by § 343 HGB), you are bound by law as doable in the usual course of business, to inspect the goods immediately upon delivery and notify us of any damage. Without this damage notification, the goods will be deemed approved, unless it was not possible to see the damage at the time of inspection.§6 Return Policy
Your satisfaction is our goal. If for any reason you are not satisfied with your purchase you may cancel or revoke your order in writing (eg letter or email) or return the goods within 14 days. This period begins from the time you receive an email confirmation of your purchase order but not before the receipt goods by the receiver (in the case of recurring deliveries of similar goods before the first partial delivery) and also not before the fulfilment of our obligation to provide information under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Introductory Law of the German Civil Code) as well as our obligations under § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 BGB.
The cancellation notice or the goods must be sent to:
10119 Berlin, Germany
Consequences of Revocation
Upon the cancellation of your purchase and return of the goods, we will refund you your payment. Shipping charges are not refundable. In the event that you are unable to return the goods in their entirety or in a non-saleable condition, you may be liable to pay compensation. This does not apply if the damage was a result of inspecting the goods, as would be possible in a store, or from intended use. Goods should only be returned in the original packaging they were sent in, using all protective materials. The cost of return are borne by the customer if the goods received correspond with those ordered and if the price of the goods returned does not exceed a value of 40 Euros. Should the value of the goods exceed 40 Euros, we will bear the costs and risks for the return of the goods. We will reimburse your payment within 30 days from the time you send your written cancellation or when we receive the returned goods.
End of right of Revocation.§7 Warranty and Liability
7.1. We ensure that the goods delivered are free from material defects and in good condition at the time of delivery.
7.2. Variations on the colors of products represented on the internet, in print publications or in exhibitions (depending on the photography, monitor adjustment, quality of the graphic board etc) are reserved, as they depend on the nature and availability of the materials used.
7.3. We assume no liability for damage or deterioration of items caused by misuse or false unpacking.
7.4. The contents of our pages were created with the greatest care. However we assume no liability for the accuracy, completeness or usefulness of our content.
7.5. We have no influence over the content of third-party websites, therefore we assume no liability for pages created by them linked to our website. We state that to the best of our knowledge at the time, no unlawful content was apparent on the external websites during the time they were linked. Furthermore we cannot be expected to monitor the content of these pages, however should the knowledge of illegal content or infringement come to our attention, we will immediately remove the link.
7.6. Due to the technical limitations of the internet, default hardware and software, we cannot guarantee that our website or related web tools (for example the online ordering and payment procedure) will be continuously available or that your data can always be promptly or effectively transmitted.
7.7. Further claims against Layer Cake UG shall be excluded unless any claims for damages are based on willful or grossly negligent actions taken by Layer Cake UG or if the material contractual duties are breached or cause an injury to life or health.§8 Obligations of the User
8.1. The user shall observe the instructions and warnings provided by us in relation to our online store, our works of art and products.
8.2. The customer is required to provide truthful and accurate data. If an order be undeliverable (due to incorrect, incomplete or out-dated information, missed agreed delivery date etc) the customer will bear any additional costs.
All works of art and products sold by www.metropolitan-cityscapes.com / www.store-metropolitan-cityscapes.com (Layer Cake UG) are protected by German and international copyright. The customer and or third parties shall not be entitled to produce or reproduce, distribute or copy web content, works of art or products. All rights reserved by Chauntelle Trinh and Eckard Buscher (TrinhBuscher).
§10 Data Protection
§11 Place of Performance, Place of Jurisdiction, Miscellaneous
11.1. The laws of the Federal Republic of Germany shall are applicable, excluding the UN Sales Convention (CISG).
11.2. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of performance and place of jurisdiction for any arising dispute shall be Berlin, Germany. This shall also apply if the customer is not a merchant registered with the commercial register (Handelsregister) as a merchant and not subject to the jurisdiction of Germany.
11.3. If the General Terms and Conditions are available in several languages, the German version shall always prevail. In the event any provision of these General Terms and Conditions is held to be or becomes invalid or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby.
End of Terms and Conditions. October 2012.
Your trust is important to us. Thus, we will provide you with information concerning your personal data processed by us at any time. If your questions have not been answered by this privacy statement or if you wish more detailed information on a certain topic, please do not hesitate to contact us firstname.lastname@example.org
Use of Personal Data
The disclosure of any personal data through our website or through email is done on a purely voluntary basis. As far technically possible and reasonable, users can view our website anonymously.
We collect, store and use your personal data on as necessary for example to process your order, for billing or legal purposes. The collected data will under no circumstances be sold or disclosed to third parties for any reason. Third parties involved in the contract or payment processing services (eg. Banks, Paypal, Post etc) will require your information to perform their duties.
Personal data provided by the customer during the online ordering process is encrypted. Despite taking the utmost care and constantly updated security measures, it is not technically possible to guarantee that data can be effectively or securely transmitted over the internet or protected against deterioration, leaking, loss of data or hacking. We therefore ask for your understanding as we cannot accept liability for such circumstances.
If you wish to subscribe to our newsletter, you have to provide a valid e-mail address which you will be required to confirm through your email account. This data is collected only for the purpose of being able to send you the newsletter and you can request for your data to be removed at any time.
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