General terms and conditions of business
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Shipping costs and delivery
6. Retention of title
7. Liability for defects (warranty)
8. Dispute resolution
1. Scope
1.1 The following General Terms and Conditions (hereinafter "GTC") apply to all contracts for the purchase of products concluded between Zuzana Keller (hereinafter "Seller," "Artist," or "Contractor") and a customer or client (hereinafter "Customer" or "Client"). These contracts refer to the products presented by the Seller in its online shop. Any conflicting terms and conditions of the Customer are hereby expressly rejected unless expressly agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these 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.
2. Conclusion of contract
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to order.
2.2. By clicking the [Buy/order for a fee] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation via email immediately after receiving your order.
2.3. Within a period of five days, the Seller has the opportunity to accept the Customer’s offer:
- By sending an email to the customer. The time of receipt of the order confirmation by the customer is decisive.
- By delivery of the ordered goods to the customer. The time of receipt of the goods by the customer is decisive.
- By requesting payment from the seller after the customer has placed the order.
If several of the above-mentioned possibilities apply, the contract is concluded at the time one of these possibilities occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends on the fifth day after the date of the offer. If the seller does not accept the customer's offer within this period, this will be considered a rejection of the offer, whereby the customer is no longer bound by their declaration of intent.
2.4. Order processing and communication are generally conducted via email and automated processes. It is the customer's responsibility to ensure that the email address provided for order processing is correct and that emails sent by the seller can be delivered to this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned with order processing can be delivered despite any spam filters.
3. Right of withdrawal
3.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
3.2. If you exercise your right of withdrawal as a consumer, you will be responsible for the regular costs of returning the goods.
3.3. In addition, the provisions for the right of withdrawal apply, which are set out in detail in the following cancellation policy.
A: Right of withdrawal for ordered and delivered goods
A.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must notify us (Zuzana Keller Art, Zuzana Keller, Tannenweg 1, 86845 Großaitingen, Germany, Tel.: 01625997619, Email: zuzanakellerart@gmail.com or info@zuzanakellerart.de) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising your right of withdrawal before the expiry of the withdrawal period.
A.2 Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
B: Revocation of individually made animal portraits
For custom-made commissioned works by Zuzana Keller Art, if you are not satisfied with the completed pet portrait, you have the option of requesting a 50% refund of the order value after receiving the commissioned work. However, this is only possible under the condition that you return the commissioned work to us undamaged within two weeks of receipt. After Zuzana Keller has inspected the artwork, the 50% refund will be made within the next two weeks. For commissioned works, the full purchase price cannot be refunded; this is due to the artist's associated effort (time, material costs). You bear the direct cost of returning the goods.
General information
1) Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging, including all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods from transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the above-mentioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Cancellation form
If you wish to cancel the contract, please fill out this form and return it.
An
Zuzana Keller
Tannenweg 1
86845 Großaitingen
Tel.: 01625997619
info@zuzanakellerart.de
zuzanakellerart@gmail.com
I/we (*) hereby revoke 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) __________________________
– Telephone number of the consumer(s) __________________________
– Signature of the consumer(s) __________________________
– Datum __________________________
_______________
(*) Delete as appropriate.
4. Prices and payment terms
4.1. The payment options will be communicated to the customer in the seller’s online shop.
4.2. Payment is made by bank transfer.
5. Shipping costs and delivery
5.1. Unless otherwise stated in the seller's product description, the prices listed are total prices, which do not include statutory value-added tax in Germany according to Section 19 (1) of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs are listed separately in the respective product description.
5.2. Shipping is only possible within the EU. Shipping costs are as follows:
DE - free EU countries - 20 €
5.3. The goods will be shipped to the delivery address provided by the customer in accordance with the shipping conditions, unless otherwise agreed. During the ordering process, the delivery address provided by the seller is decisive for the processing of the transaction.
5.4. Delivery is only possible within Germany with DHL or MBE.
5.5. Pickup is only possible by arrangement with the seller. In this case, please contact Zuzana Keller via the provided email address or by phone.
5.6. Delivery times are up to 10 days. Any deviations will be indicated on the respective product page.
6. Retention of title
The goods remain our property until full payment has been made.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.2. If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8. Copyright
8.1. All images presented on this website are subject to copyright. The author, in this case, is Zuzana Keller. The works are protected by copyright in both physical and digital form, including their presentation on websites and internet applications such as Instagram and similar platforms. Copyright extends both nationally and internationally. Any reproduction, reproduction, and publication of the works may only be carried out with the prior agreement and written consent of the artist and must state the intended purpose.
8.2. The purchase of artworks by the artist Zuzana Keller does not grant any rights of use and commercial use is prohibited unless otherwise agreed in writing with the artist.
8.3. Any use and exploitation is permitted only after notification and with the written consent of the artist and is valid exclusively for the agreed duration and for the agreed purpose.
8.4. Attribution - Unless otherwise agreed in writing, the name of the artist/author must be mentioned when using the work.
9. Applicable law
All legal matters between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. This choice of law applies to consumers only to the extent that the protection afforded to them is not impaired by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10. Alternative dispute resolution
The EU Commission has created an internet platform for online dispute resolution. 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.