Terms and Conditions & Cancellation Policy
Terms and Conditions & Cancellation Policy
1. Scope
1.1) The General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts concluded between the artist/seller (hereinafter “Artist”) Annika Schmitt (Annika’s Arts Shop) and the client/buyer/consumer/entrepreneur (hereinafter “Customer”), which the customer concludes with the artist regarding the goods presented in the online shop and/or services offered on the website. The inclusion of the customer's own terms and conditions is objected to.
1.2) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3) The range of goods and services on this website is aimed exclusively at customers who have reached the age of 18.
1.4) These General Terms and Conditions apply accordingly to contracts for the delivery of digital content, unless expressly stipulated otherwise.
1.5) Digital content within the meaning of these General Terms and Conditions is all data not on a physical data carrier that is produced in digital form and made available by the artist with the granting of certain usage rights that are more precisely regulated in these General Terms and Conditions.
2. Conclusion of contract
2.1) Only the German language is available for concluding the contract.
2.2) The presentation of the goods in this online shop and services on this website do not constitute a legally binding contractual offer with the artist, but are only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
2.3) If the contract is concluded, the contract comes with it
Annika's Arts Shop
Annika Schmitt
Friedhofsweg 4
64760 Oberzent
conditions.
2.4) When an order is received in this online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in the online shop.
The order takes place in the following steps:
- Selection of the desired goods
- Confirm by clicking the “Add to cart” button
- Checking the information in the shopping cart
- Pressing the “Checkout” button
- Entering the address details
- Re-checking or correcting the data entered.
- Binding dispatch of the order by clicking the “Buy” button
Before submitting the order via the online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.5) If the customer selects “PayPal” as the payment method as part of the online ordering process, he also issues a payment order to his payment service provider by clicking on the button that completes the ordering process. In this case, in deviation from Section 2 Number 3, the artist declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.
2.6) Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the artist can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the artist or by third parties commissioned by the artist to process the order can be delivered.
2.7) When submitting an offer via the artist's online order form, the contract text is saved by the artist and sent to the customer in text form (e.g. by email or letter) after sending his order along with these general terms and conditions. If the customer loses their order documents, they have the option of contacting the artist in text form (e.g. via email or letter), who will then send them a copy of the documents in written form (e.g. via email or letter).
2.8) Confirmation of receipt of the order does not constitute acceptance. In the event of acceptance, an order confirmation will be sent in written form by email or letter. Sending the ordered goods to the customer or a request for payment is equivalent to an express declaration of acceptance. The customer's offer can be accepted within five days.
If several of the aforementioned acceptance variants exist, the contract is concluded at the point in time at which one of the aforementioned acceptance variants occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the artist does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
3. Prices and payment terms
3.1) Unless otherwise stated in the artist's product description, the prices stated are total prices. According to Section 19 UStG, no sales tax is charged and therefore not reported (small business status). Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
3.2) The payment options are communicated to the customer in the artist's online shop as well as in the delivery and payment conditions. There are no shipping costs for digital downloads.
3.3) Payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
3.4) When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") under the PayPal terms and conditions. Terms of use (can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or, if the customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account (can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).
4. Delivery conditions
4.1) Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the artist's order processing is decisive.
4.2) Unless otherwise stated in the product description, all items offered are ready for immediate dispatch. Delivery takes place within 2-5 working days at the latest. The delivery period begins on the day of receipt of payment. If the deadline falls on a Saturday, Sunday or public holiday at the delivery location, the deadline ends on the next working day.
4.3) If the transport company returns the shipped goods to the artist because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the artist gave him the service within a reasonable period of time announced beforehand. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the regulations set out in the artist's cancellation policy.
5. Right of withdrawal
5.1) Customers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the artist's cancellation policy.
6. Granting of usage rights for digital content
6.1) Unless otherwise stated in the description of the content in the artist's online shop, the artist grants the customer the non-exclusive right, unrestricted in terms of location and time, to use the content provided exclusively for private purposes.
6.2) Passing on the content to third parties or making copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the artist expressly agrees to transfer the contractual license to the third party.
6.3) The granting of rights only becomes effective in accordance with Section 158 Paragraph 1 of the German Civil Code (BGB) once the customer has paid the remuneration owed in full. The artist can provisionally allow the use of the contractual contents before this point in time. A transfer of rights does not take place through such a provisional permission.
7. Retention of title
7.1) The artist reserves ownership of the goods until the purchase price has been paid in full.
8. Liability for defects (warranty)
8.1) If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2) The customer is asked to complain to the shipping service provider about delivered goods with obvious transport damage and to inform the artist of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
9. Redeeming promotional vouchers
9.1) Vouchers that are issued free of charge by the artist as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the artist's online shop and only within the specified period.
9.2) Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.4) Only one promotional voucher can be redeemed per order.
9.5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the artist.
9.6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the artist can be chosen to pay the difference.
9.7) The balance of a promotional voucher will neither be paid out in cash nor interest.
9.8) The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9) The promotional voucher is transferable. The artist can transfer the right of use at the request of the owner. This does not apply if the artist has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
10. Applicable Law
10.1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. This choice of law only applies to customers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has his or her habitual residence.
11. Information on online dispute resolution
11.1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a customer is involved. The artist is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
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Conditions for individual work orders
1. Copyright and right of use
1.1) The works designed by the artist are protected by worldwide copyright. The unrestricted right of use and copyright remain with the artist. Upon receipt of the works, the customer acquires ownership of them. The customer is not granted copyright usage rights to the works. Publications of the works are only permitted with mention of the name in accordance with Section 13 of the Copyright Act, a fee and a specimen copy. The same applies if a copyrighted work is passed on to third parties for editorial use and/or advertising purposes. The customer is not entitled to produce, reproduce or distribute the works himself or through third parties.
1.2) For individual goods, the customer must provide the artist with all content required for processing and production, such as texts, images or graphics, in the file formats, formatting and image and file sizes specified by the artist and grant her the necessary usage rights . When it comes to motifs commissioned by the customer, the customer is responsible for ensuring that copyrights and personal rights are not violated. If copyright or personal rights are violated by the motif specified by the customer, the customer assumes all legal and financial consequences within the legal framework and releases the artist from any liability. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the artist immediately, truthfully and completely with all information required to examine the claims and defend them.
1.3) The artist reserves the right to reject orders if the content provided by the customer violates laws or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
1.4) By accepting the offer/placement of the order, the artist is granted the right to use copies, scans and/or photos of the works for their own purposes (e.g. publications on the website). The names of the people/animals depicted are not mentioned. If the customer does not wish to be published, he must inform the artist of this. Permission to publish the template photos will be obtained separately from the client by the artist.
1.5) The works only become the property of the customer after the agreed price has been paid in full.
2. Scope of the service
2.1) The offer confirmed by the customer is decisive for the scope of the service.
2.2) Corrections require written confirmation (letter or email) from the artist.
2.3) As part of the commission, the artist has freedom of design.
3. Price, payment and shipping
3.1) Delivered works remain the property of the artist until they have been paid for in full.
3.2) Payment is made exclusively via one of the specified payment methods
3.3) The prices are euro prices without packaging and shipping costs. The shipping costs depend on the shipping method. According to the small business regulation Section 19 Paragraph 1 UStG, VAT is not charged.
3.4) After ordering and confirming the production of an individual work, the customer must make a deposit of 50% of the order value within 7 days. Cancellation of the order must be communicated immediately and no reason is required. In the event of a timely cancellation, the deposit paid will be refunded in full. In the event of late cancellation, the services and material costs that have been provably provided up to that point will be invoiced. Payment of the remaining balance of the price agreed in the offer plus shipping costs must be made within 14 days of completion of the order by advance payment, PayPal or cash, after which the work will be shipped or handed over upon collection. If the customer does not pay his remaining debt after completion of the order, the artist reserves the right to demand this in accordance with applicable law and to charge possible fees for carrying out this demand. If the customer refuses to accept the work, the amount paid for the order cannot be claimed back.
3.5) After receipt of payment, the work will be shipped insured.
3.6) Works are sent at the risk and expense of the customer.
3.7) No liability can be accepted for damage caused by the transport company. Obvious damage must be reported to the shipping service provider upon delivery. If hidden damage is only discovered later, the responsible shipping service provider must be informed immediately (within 24 hours) of discovery. The shipment must then be presented to the shipping service provider in its original packaging and the damage must be confirmed by the shipping service provider's receipt.
4. Right of withdrawal
4.1) All works/goods that are made according to customer requirements and/or are clearly tailored to personal needs, as well as digital products, are excluded from returns and the right of withdrawal (Section 321d Para. 4 BGB).