GENERAL TERMS AND CONDITIONS (GTC)
1. General Terms and Conditions
2. Direct Purchases
4. Ordering our Products
4.1 Conclusion of the Contract
4.2 Delivery and Delivery Times
4.3 Terms of Payment
4.4 Customs, Duties and Import Taxes
4.5 Retention of Title
4.6 No Granting of Rights
4.7 Statutory Right of Withdrawal
5. Subcription to our Email List
7. Final Clauses
1. GENERAL TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using the https://www.ateliersommerkunst.de website. Your use of any provided service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients and others who access or use this website or our Service. The contract language is German and English.
Any changes to the Terms can only be accepted when both parties have a written agreement prior to the execution of an order or service.
All contract liability is accepted by
Seona Sommer, Lindlarer Str. 28, D-51109 Köln
phone: +49 one-seven-three 63 87 214
According to German law § 19 UStG, we don’t add VAT to our invoices for sales within the EU.
2. DIRECT PURCHASES
No right of return shall exist for direct sales, which include all cases in which you have already seen the original product (e.g. an artwork during an exhibition).
This regulation also applies if the products are delivered by mail or other delivery service after conclusion of sales contract.
When you commission an original artwork, you are obliged to accept the commissioned work and pay the full price. Please note that according to German law (§ 312d (4) BGB) there’s no right of return for uniquely created commissions.
You are required to make a deposit of 20% of the full price upon making your order. As soon as we receive your deposit, we start working on your commission.
Photos of your WIP portrait or completed commission artwork may be used for marketing purposes. If you do not wish this, please let us know prior to placing your order.
4. ORDERING OUR PRODUCTS
4.1 CONCLUSION OF THE CONTRACT
Orders can be placed by letter or e-mail. Your order constitutes an offer to us to enter into a contract with you for the goods ordered. You will receive an email from us confirming the receipt of the order and the details of the ordered goods (order confirmation). This order confirmation does not constitute an acceptance of your offer, but is for your information only. The sales contract is only concluded by sending the items you have ordered.
4.2 DELIVERY AND DELIVERY TIMES
We hand over orders to the carrier (parcel service, forwarding agent) within 2-4 working days after receipt of payment at the latest.
If possible we use DHL or DPD, for international shipments also DHL Express. Each shipment is insured and has a tracking number. Each work will be photographed before it is shipped to you. If you notice any damage to the packaging or the work upon arrival, please take a photo of the packaging and the work and let me know immediately: firstname.lastname@example.org
The total delivery time including transportation is 3-14 business days within the EU, the delivery period begins after the payment is received in our bank account. For orders from outside the EU longer delivery times may apply. But in any case we try to find a fast and safe way of delivery.
We choose the shipping method depending on the size of the artwork and delivery destination. Artworks can therefore also be shipped rolled and thus not stretched on a stretcher frame.
In case of loss, the seller is not obliged to replace the work. We will refund the purchase price up to the amount covered by the transport insurance.
4.3 TERMS OF PAYMENT
All prices are final prices. The sales tax is not added (§ 19 UStG).
Original artworks are delivered free of charge within the EU. If applicable, additional delivery and shipping costs for all other products will be stated separately in the respective product description or transmitted to the buyer before invoicing.
Goods are generally shipped only after receipt of payment. For orders via biref or email, we offer the following payment terms:
- bank transfer from your bank account to our bank account
- via PayPal: payment is made through your PayPal account to our PayPal account
- cash payment for self pickup
We transmit personal data collected in the context of this contractual relationship for the application, implementation and termination of this business relationship as well as data on non-contractual behavior or fraudulent behavior for the purpose of credit assessment to the payment service provider PayPal, if this payment method was selected.
For foreign bank transfers the following bank details apply:
Recipient: Seona Sommer
IBAN: DE63 1001 1001 2627 5897 76
4.4 CUSTOMS, DUTIES AND IMPORT TAXES
International shipments may be subject to duties, taxes, and other charges not included in the total price and due upon importation. Please contact your local Customs Office for details.
4.5 RETENTIONS OF TITLE
Until full and final payment, the delivered goods shall remain the property of Seona Sommer.
4.6 NO GRANTING RIGHTS
With the purchase of a work ( e. g. original painting, art print or card) you acquire only the material ownership of the work. No other rights are granted or implied. Any reproduction (copying), distribution, rental, public exhibition or other analog or digital use is not permitted, unless it is allowed by law. However, you may resell the work.
If you resell an original painting, your obligations under the Resale Right Ordinance, § 26 UrhG, may apply. If you sell your painting, please provide me with the contact details of the new owner for my records.
4.7 STATUTORY RIGHT OF WITHDRAWAL
If you are a consumer (according to § 13 of the German Civil Code), you are entitled to a statutory right of revocation of 14 days for online orders.
You can read the complete cancellation policy >>here.
5. SUBSCRIPTION TO OUR EMAIL LIST
You can register on our website for the newsletter, which is usually sent monthly and informs about current and upcoming projects from the Atelier SommerKunst and may include sales offers or discount promotions. Such special offers are exclusively for the registered newsletter recipient and are not transferable. The subscription to the newsletter is free of charge and does not entail any obligations for the user. You can unsubscribe at any time via a link at the end of the newsletter.
7. FINAL CLAUSES
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal disputes is Cologne. In addition, the provider is entitled to sue at the general place of jurisdiction of the user or customer.
Should individual provisions of these Terms be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the rest of the Terms. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.
Information on online dispute resolution in accordance with Article 14 (1) ODR-Verordnung and §36 and §37 VSBG:The EU Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
We are not obligated to participate in any dispute resolution proceedings before a consumer arbitration board and therefore will not participate in any such proceedings.
© Seona Sommer
(last updated: 3 July 2022)