The following text is aimed at people of all gender identities, irrespective of the personal designations used.

General terms and conditions

General Terms and Conditions of the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz

§ Section 1 Scope of application

(1) The following General Terms and Conditions (hereinafter "GTC") apply to all business relationships between the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz (hereinafter "Gipsformerei") and its customers in the version current at the time the contract is concluded.

(2) These GTC apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized unless the Gipsformerei has expressly agreed to them in individual cases.

§ 2 Contractual partner and conclusion of contract

(1) The contract is concluded with the

Prussian Cultural Heritage Foundation
Von-der-Heydt-Straße 16-18
10785 Berlin

represented by its President.

In the case of contracts between the Gipsformerei and its customers, the Gipsformerei is represented by

the Head of the Gipsformerei,
Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz
Sophie-Charlotten-Straße 17-18
14059 Berlin

Tel: 030 - 32 67 69 0
E-Mail: gf@smb.spk-berlin.de

Sales tax identification number of the Staatliche Museen: DE 338 204 900

(2) The offers on the pages of the online catalog of the Gipsformerei are non-binding and do not constitute a legally binding offer. A binding offer within the meaning of § 145 BGB (German Civil Code) will be sent to you on request. The contract is concluded by the subsequent order in accordance with the offer and payment of the deposit in accordance with § 3 (2) of these GTC.

(3) If you conclude the contract on the premises of the Gipsformerei, the contract shall be concluded in accordance with the statutory provisions.

§ 3 Prices

(1) Our prices can be found in the current version of the Gipsformerei online catalog.

(2) A deposit of 30% of the order value must be paid upon conclusion of the contract. Should you withdraw from the contract after expiry of the withdrawal period and not in exercise of the warranty right according to §§ 437 No. 2 Alt. 1, 440, 323, 326 para. 5 BGB, the Gipsformerei is entitled to retain this down payment, unless the customer can prove that the damage is lower.

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

(4) If shipment to you has been agreed, costs for packaging and transportation will be charged.

(5) If goods are delivered outside the European Union and Switzerland, import duties (customs duties) may be incurred; these are to be borne by the end consumer in addition to the aforementioned flat rate.

§ 4 Terms of payment

(1) You can pay by bank transfer. Our bank details:
Bundeskasse Trier, head office Kiel
Deutsche Bundesbank, Hamburg branch
IBAN DE18 2000 0000 0020 0010 66
BIC MARKDEF 1200

Reason for payment: STPK 12501- and invoice number

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

(2) Delivery will only be made after payment has been received in full. For accounting reasons, payment can only be made after receipt of the invoice.

 § 5 Collection and delivery

(1) If collection by the customer has been agreed, the Gipsformerei will arrange a collection date with you in good time. If you do not meet the collection date, the Gipsformerei is entitled to charge a storage fee of a maximum of € 5 for each additional day of storage of the purchased item to cover the storage costs, unless the customer can prove that the damage is lower.

(2) If shipment or delivery of the goods has been agreed, the Gipsformerei will deliver the ordered goods to the address specified by you as soon as the full payment amount has been paid. Information about the delivery period is only binding if Gipsformerei has expressly confirmed it. If the service is delayed beyond the agreed delivery date, you as the customer must set the Gipsformerei a reasonable grace period, which in no case may be less than two weeks. All risks and dangers of shipment shall pass to you as soon as the goods have been handed over by the Gipsformerei to the transport company commissioned to deliver the goods (§ 447 BGB).
 For customers who are consumers within the meaning of § 13 BGB, the statutory provision of § 475 para. 2 BGB applies.

§ 6 Prohibition of offsetting

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

§ 7 Retention of title

The goods remain the property of the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz until payment has been made in full. The retention of title expires upon full payment of the goods.

§ 8 Right of withdrawal/revocation

The right of revocation applies exclusively to consumers within the meaning of § 13 BGB.

 The customer has no right of revocation if he concludes the contract on the premises of the Gipsformerei.

Cancellation policy
I. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods in the case of a contract for several goods as part of an order that are delivered separately, or the last partial shipment or the last piece in the case of a contract for the delivery of goods in several partial shipments or pieces).

To exercise the right to cancel, you must inform us (Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz, Sophie-Charlotten-Straße 17-18, 14059 Berlin, Tel: 030 - 32 67 69 0, E-Mail: gf@smb.spk-berlin.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

II Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. In the case of goods that cannot be returned normally by post due to their nature (e.g. size, weight), you shall bear the costs of returning the goods in the amount of the price stated in our binding offer for shipping.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

- To Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz, Sophie-Charlotten-Straße 17-18, 14059 Berlin, e-mail: gf@smb.spk-berlin.de:  -
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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 for notification on paper)
- Date (*)
Delete as appropriate.

Exception to the right of withdrawal:

Pursuant to Section 312g (2) No. 1 BGB, there is no right of revocation for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.

§ 9 Characteristics of the goods

 (1) The Gipsformerei creates replicas from its existing stock of molds and models. The replicas are similar to the original and are created using a range of different processes in order to achieve an approximation of the original. For technical and historical reasons, however, there may be deviations from the original.

(2) The size specifications generally refer to the replica without the base. Please explicitly request a re-measurement with your inquiry for comparison.

(3) The casts are made according to the existing originals. Changes to the color and form of the originals that have occurred in the meantime (e.g. through restoration or additions) cannot always be taken into account.

(4) The term "white plaster" refers to plaster with a white protective coating. Painted replicas reproduce the material and color of the original. Slight differences to the photographic images cannot be avoided. Changes to the color and form of the originals that have occurred in the meantime (e.g. through restoration or additions) cannot always be taken into account.

(5) For some objects, only images of the respective original artwork can be shown. Please note that these may differ in part from the state of preservation of the replicas. Many replicas are better preserved 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 weatherproof material "polymer plaster".

(7) In addition, you will find all essential characteristics of the casts on the pages of the Gipsformerei online catalog.

 § 10 Warranty

The statutory provisions shall apply.
Damage due to improper installation or cleaning of the casts is not covered by the warranty.

§ 11 No production of copies

The purchaser is not entitled to produce copies of the purchased casts by making casts, remodeling or by other methods suitable for producing a copy.

§ 12 Dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final provisions

(1) This contract shall be governed exclusively by German law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law. In the event that the customer is a consumer with his habitual residence in the EU, the mandatory protective provisions of the law of the country in which he has his habitual residence shall remain applicable. 

(2) If the customer is a merchant or a 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 in connection with the business relationship. However, the Gipsformerei der Staatlichen Museen zu Berlin - Preußischer Kulturbesitz is also entitled to take legal action at the customer's place of business instead.

(3) Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions

Status October 2024