Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed through our online shop. Our online shop is intended exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with W.Art, represented by Cai Wendt.
The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit it.
We will accept your offer within two days by
either sending an order confirmation in a separate email or,
if applicable, by processing the payment transaction through our service provider or the selected payment service provider. The processing time of the payment transaction depends on the selected payment method (see "Payment").
The relevant option for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English.
We save the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Subject of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Delivery conditions
5.1 Delivery Area
We deliver products framed or unframed within Germany (including surcharge). International shipping is currently only available for unframed products.
5.2 Shipping Costs
Standard delivery is free of charge.
5.3 Delivery Options
We ship the products to the delivery address specified during the ordering process.
6. Payment
6.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
6.2 Due Date and Default of Payment
The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.
For consumers: In the event of default of payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You are entitled to prove that the actual damage incurred was less. This does not affect any further claims.
6.3 Payment Methods
The following payment methods are generally available in our shop.
prepayment
You transfer the amount to the specified bank account after placing your order. The goods will be shipped after successful receipt of payment.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further information during the ordering process.
PayPal may offer additional payment options in your customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these options; any additional individually offered payment methods will affect your legal relationship with PayPal. You can find further information about this in your PayPal account.
7. Retention of title
The product remains our property until full payment is received.
8. Transport damage
If goods are delivered with obvious transport damage, please report such damage to the delivery driver immediately and contact us without delay. Failure to report damage or contact us will not affect your statutory rights or their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
9. Warranty and Guarantees
Warranty law:
The statutory warranty law applies.
10. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.
11. Copyright
The artist remains the copyright holder of the artwork and retains all rights to it, unless otherwise agreed in writing in a specific case. When using, distributing, or exhibiting the artwork, the artist must be credited as the copyright holder. Reproduction is not permitted and may be prosecuted. The client only receives the right to use the artwork for the contractually agreed purpose.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option of using this platform to resolve their disputes. We are obligated to participate in dispute resolution proceedings before a consumer arbitration board to resolve disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship even exists. The competent body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in dispute resolution proceedings before this body.
Should individual clauses of these Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain in effect. To the extent that individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.