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Terms and Conditions (AGB) and Customer Information

for the Sale of Artworks by

Christian Wamser – The Vision Artist
Ginster Weg 5
24784 Westerrönfeld, Germany
E-Mail: wamserartsinfo@gmail.com
Phone: [+49 123 456789]
[VAT ID No. or Note pursuant to § 19 German VAT Act]

A. General Terms and Conditions

§ 1 Service Provider and Contractual Partner

The contractual partner of these Terms and Conditions is:
Christian Wamser – The Vision Artist
Ginster Weg 5
24784 Westerrönfeld
E-Mail: wamserartsinfo@gmail.com
Phone: [+49 123 456789]

§ 2 Scope of Application, Definitions

1. These Terms and Conditions apply to all contracts concluded between a consumer or business and us for the purchase of artworks – whether via online shop, e-mail, telephone, or in person.

2. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB – German Civil Code).

3. A business is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB).

§ 3 Conclusion of Contract

1. Our presentations in the online shop, on websites, or in catalogs do not constitute binding offers. The buyer’s order constitutes an offer to conclude a purchase contract.

2. The contract is concluded by our explicit acceptance (e.g. by order confirmation via e-mail) or by delivery of the artwork.

3. For commissioned works (custom pieces), the contract is concluded by confirmation of our individual offer. A deposit may be required; the remaining balance is due before delivery.

§ 4 Offer and Characteristics of the Works

1. Illustrations of artworks serve descriptive purposes. Variations in color, structure, or surface are unavoidable for unique and handmade works and do not constitute defects.

2. Unique works and limited editions are delivered with signature and – if indicated – with a certificate of authenticity.

3. For commissioned works, the individually agreed specifications apply. Changes after approval are only possible by separate agreement.

§ 5 Prices and Shipping Costs

1. Prices valid at the time of order apply.

2. [Option A: Prices incl. VAT.] [Option B: As a small business pursuant to § 19 German VAT Act, no VAT is charged.]

3. Additional shipping costs depending on delivery address: Germany/EU [insert amount], international [insert amount]. For large-scale or bulky works, higher shipping or freight costs may apply.

4. For deliveries outside the EU, additional customs duties, taxes, or fees may apply and are borne by the buyer.

§ 6 Payment Terms

1. Possible payment methods: advance bank transfer, PayPal, credit card, or cash payment upon collection (if agreed).

2. The purchase price is due immediately. In the event of late payment, statutory provisions apply.

3. Until full payment is received, the artwork remains our property (§ 449 BGB).

§ 7 Delivery and Delivery Times

1. Delivery is made to the address specified by the buyer.

2. Delivery times: works in stock approx. 7–10 days (Germany), abroad 7–21 days. Commissioned works as individually agreed (several weeks possible).

3. Collection by appointment is possible; personal delivery against mileage fee upon request.

§ 8 Transfer of Risk and Transport

1. For consumers, the risk passes upon handover.

2. Please check deliveries immediately. Transport damages must be reported to the delivery agent and to us within 7 days.

§ 9 Right of Withdrawal

1. Consumers generally have a statutory right of withdrawal of 14 days for distance contracts.

2. No right of withdrawal applies to individually manufactured or personalized works (e.g. commissioned works, special formats, dedications).

3. Details can be found in the withdrawal policy below.

§ 10 Warranty

Statutory warranty rights apply. Deviations due to artistic technique or material characteristics do not constitute defects. For business customers, § 377 HGB (duty of inspection and notification of defects) applies.

§ 11 Liability

1. We are fully liable for damages arising from injury to life, body, or health, as well as in cases of intent or gross negligence.

2. In cases of slight negligence, liability applies only for breach of essential contractual obligations; liability is limited to foreseeable, typical damages.

3. Force majeure extends delivery times. If delays exceed 4 months, both parties may withdraw from the contract.

§ 12 Copyright

1. Purchase transfers only physical ownership of the artwork. All copyrights and exploitation rights remain with the artist.

2. Reproduction, duplication, or commercial use is prohibited without our consent.

3. Photographs for private presentation (e.g. at home or on social media with name attribution) are permitted.

§ 13 Data Protection

Data is processed exclusively for contract execution. For details, please refer to the privacy policy on our website.

§ 14 Applicable Law, Jurisdiction

1. German law applies, excluding UN sales law. For consumers with habitual residence in the EU, mandatory consumer protection rights remain unaffected.

2. If the buyer is a business, the place of jurisdiction is our registered office in Westerrönfeld.

§ 15 Dispute Resolution

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

B. Customer Information

1. Technical steps to conclude a contract

   • Place item in shopping cart

   • Click on shopping cart (“Proceed to Checkout”)

   • Enter personal details, billing and shipping address

   • Select payment method

   • Review order summary

   • Submit order by clicking “Buy Now”

2. Storage and accessibility of contract text
   The contract text is stored. You will receive an order confirmation by e-mail with all data. Printout via browser is possible. After conclusion of the contract, the text is no longer accessible in the shop.

3. Correction of input errors
   Entries can be corrected during the order process. Before submitting the order, all data is displayed again.

4. Contract language
   Contracts may be concluded in German or English.

5. Information on dispute resolution
   We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without stating any reason.
The withdrawal period begins once you, or a third party named by you, have taken possession of the goods.
To exercise your right, it is sufficient to send an explicit statement (e.g. e-mail).

Consequences of Withdrawal
We will refund all payments including delivery costs within 14 days after receiving your withdrawal notice. We may withhold repayment until we have received the returned goods. You bear the return shipping costs.

Exclusion of Withdrawal
The right of withdrawal does not apply to individually manufactured works that are produced according to customer specifications or clearly tailored to personal needs.

✅ This translation keeps the legal structure (sections, numbering, references to German law) intact while making it understandable for international customers.

Do you want me to adapt this version to be more “international standard” (removing direct references like “§ BGB” and “§ HGB”), so that it works better for English-speaking collectors abroad who may not understand German law references?