GTC

General Terms & Conditions (GTC)

1) Scope and Provider

These General Terms and Conditions (hereinafter "GTC") of GittaGsArt (Gitta Gläser, Stadtgraben 14, 99518 Bad Sulza, Germany) concerning the production and delivery of individual portraits or print copies, as well as custom digital files or similar artworks (hereinafter mostly "Products"/"Articles"/"Artworks"/"Goods"), apply to all contractual agreements between consumers or entrepreneurs (both hereinafter mostly "customer"/"you") and GittaGsArt (hereinafter mostly "seller"/"GittaGsArt"/"artist"/"we") in the version valid at the time of conclusion of the contract.

Consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to his commercial nor his independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply to entrepreneurs: if the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if GittaGsArt has expressly agreed to them.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The products on the website of the seller are not directly offered for sale. There is only the possibility for the customer to make a non-binding inquiry, which is usually answered with a corresponding offer.

No legal claim to the preparation of an offer or the acceptance of an order by the seller arises from the inquiry of a potential buyer.

2) Conclusion of Contract

2.1 Contractual partner:

The purchase contract is concluded between GittaGsArt (seller) and the consumer or entrepreneur (customer).

2.2 Contract language:

The contract languages are German and English and refer to German law.

2.3 Conclusion of contract:

With product presentations on the website "GittaGsArt", the seller makes a binding offer to conclude a contract for these items.

The creation of an inquiry by the customer and the consultation by the seller remain initially non-binding.

The non-binding inquiry of the customer is usually answered with a corresponding offer by the seller. However, there is no legal claim to the creation of an offer or the acceptance of an order by the seller.

The contract is concluded by the customer accepting the offer by declaration of intent, implied action, by e-mail, via messenger services (such as SMS), in writing and/or by making a down payment in accordance with the offer. The customer will receive an order confirmation by e-mail to the e-mail address provided.

2.4 Withdrawal after conclusion of the contract:

If the customer withdraws from the order after it has been accepted, the deposit stated in accordance with the offer must be paid in any case. The seller has the right to charge 30 € (net) for each started working hour after the execution of the order has been started.

In case of withdrawal from the part of the seller, further remuneration is excluded. Any advance payments made are to be refunded to the customer. Any further claims of the Buyer, in particular damages (according to §280 or §281 BGB) or claims from covering purchase are expressly excluded.

2.5 Duty to cooperate for the purpose of fulfilling the contract: (see also 8) of the GTC)

The customer must truthfully provide GittaGsArt with all information and facts necessary for the provision of the service.

Changed circumstances, especially changes in customer data (such as name, address, e-mail) should be brought to GittaGsArt's attention immediately.

Unless otherwise agreed, GittaGsArt will deliver the goods to the address specified by the customer during the ordering process.

The contacting, the creation of an offer, the conclusion of the contract and the order processing usually take place by e-mail.

The customer must ensure that the e-mail address provided by him for order processing is correct and that the e-mails sent by the seller can be received. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order (such as parcel services) can be delivered.

For the fulfillment of the contract according to certain specifications of the customer, the customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose.

3) Prices, Order Process and Terms of Payment

3.1 Value Added Tax:

The product prices stated by GittaGsArt at the conclusion of the contract are total prices excluding statutory VAT in accordance with § 19 UStG small business status.

3.2 Prices and shipping costs:

The total amount shown in each case at the time of the binding conclusion of the contract shall apply.

Shipping costs are usually not charged to the customer, unless the customer wants a faster shipping method than standard delivery (see also 5.2 of the GTC).

In this case, the following applies: Any additional delivery and shipping costs (such as express shipping) are shown separately during the ordering process, but are included in the total price for the customer. These extra costs are not refundable in the event of a return or revocation after the goods are in the manufacturing process.

The price lists shown on the website GittaGsArt are non-binding and serve exclusively for a better orientation and idea about possible price offers for different medium types, extra costs and different formats as well as image sizes. These prices refer to normally detailed drawn or painted portraits with simple, non-detailed backgrounds or portrait photo collages, as well as their art print copies or digital files.

3.3 Currency:

All prices are shown and payable in Euros. Additional exchange rate fees (see 3.4 of the GTC) may apply for the customer.

3.4 Additional costs:

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases. These include, for example, customs duties and import taxes or costs for the transfer of funds by credit institutions (such as transfer fees and exchange rate fees).

These costs are not the responsibility of the seller and are to be borne by the customer.

Additional costs related to money transmission may also be incurred if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

Furthermore, GittaGsArt is not responsible for delays caused by customs.

3.5 Terms of payment and ordering process:

Sales are made against advance payment by bank transfer/online banking (if possible) or PayPal. In the latter case, the customer also has the option to pay by credit or debit card. There may be transfer fees and exchange rate fees. (see also 3.4 of the GTC)

Generally, for custom artwork, an agreed upon deposit of 50% of the total price is required before the artist begins work. The deposit is part of the binding offer (see 2.3 of the GTC).

For repeat orders of art print copies of a previously purchased original, payment is due in full immediately upon conclusion of the contract. Please note that art print copies can only be purchased by buying the corresponding original.

After the artist has completed the artwork, the customer will receive a view of the product in appropriate digital form via email for review. Minor change requests can be accommodated.

Customer satisfaction is very important to GittaGsArt. The seller tries to meet the customer's satisfaction to the best of his ability and with the means at his disposal (see 6.1 of the GTC).

After completion of the artwork and from the announcement of completion, the remaining payment is due immediately, but no later than 14 calendar days. After this period, the customer is in default of acceptance, so there is a transfer of risk to the customer.

After receipt of payment by the seller, the original artwork will be sent within 1-3 business days and art prints within 2-7 business days to the address specified at the conclusion of the contract, digital files will be sent immediately to the e-mail address specified by the customer (see 5.2 of the GTC).

3.6 Due date of payment:

The sale is made against advance payment.

Since the seller will not start the production without an agreed deposit, nor send the finished product to the customer without final payment, it is recommended to pay immediately after the conclusion of the contract and/or completion of the product.

In the case of custom art print copies, the total price is due in full immediately after the conclusion of the contract.

3.7 Default of payment:

The customer shall be in default of payment at the latest after the expiry of 14 calendar days in each case for down payment and final payment. The same applies to the total price to be paid in full (such as in the case of art print copies) before the start of production of the product.

GittaGsArt is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If it can be proven that the seller has incurred higher damages due to default, GittaGsArt is entitled to assert this claim.

3.8 Right of retention:

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

3.9 Retention of title:

The delivered goods shall remain the property of GittaGsArt until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

4) Cancellation Policy / Right of Withdrawal GittaGsArt

In the case of contracts for the supply of goods which - as is regularly the case with goods supplied by GittaGsArt - are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal requirements of the customer, the customer shall NOT be entitled to a right of revocation in accordance with § 312g para.2 no.1 BGB.

Only in justified exceptional cases (for example if GittaGsArt has not yet started with the production of the goods) and if the customer is a consumer, the customer can revoke a concluded contract within 14 days.

5) Shipping and Delivery

5.1 Production time:

The production time to make a product ready for shipment is individual and depends on the medium, nature, artistic effort and size of the product.

It is impossible to predict an exact date, however, the artist will produce the product in a reasonable time frame and will make every effort to meet requested deadlines. The time frame can vary greatly and is dependent on certain times of the year (such as Christmas) and the artist's order situation.

Generally, traditionally created artwork takes 1-4 weeks, digital artwork takes 1-5 business days, and art prints take 2-7 business days to complete. The customer can find more details in the respective offer description on the website GittaGsArt.

There is no legal claim to the adherence to certain deadlines. All dates are non-binding. Further claims, in particular according to §280 Abs.2 BGB or a reduction of the purchase price due to change of dates are excluded in any case.

5.2 Delivery and shipping conditions:

The product will be delivered via shipping worldwide to the delivery address provided by the customer when placing the order, unless otherwise agreed.

Digital products are sent to the customer's e-mail address immediately after completion.

For logistical reasons, self-collection is only possible for traditionally produced artworks.

Shipping costs are usually not charged to the customer, unless the customer requests a faster shipping method than standard delivery (see also 3.2 of the GTC).

In this case, the following applies: Any additional delivery and shipping costs (such as express shipping) will be shown separately during the ordering process, but are included in the total price for the customer.

These extra costs are not refundable in case of return or revocation after the goods are in the manufacturing process.

The risk is transferred to the customer as soon as the seller has delivered the product to the carrier (according to §447 Abs.1 BGB). The choice of the forwarder is incumbent on the seller, unless otherwise agreed individually.

The seller shall ensure that the product is packed properly, protected against damaging influences and based on condition and dimensional requirements.

In the case of multiple orders, it is usually mandatory that products are shipped separately to ensure protection during transport.

Original art and art prints are always shipped separately due to packaging differences and different manufacturing locations.

While originals are shipped from the seller's location in Germany, art prints are shipped from international locations (USA, Mexico, Latvia, Spain and Australia) close to the customer.

If possible, items are preferably shipped with a tracking number.

The seller will send a corresponding tracking link to the customer by email as soon as tracking data is available.

In case of transport damage, the carrier is liable according to its terms and conditions, over which the seller has no influence. In particular, the seller assumes no liability for improper transport.

If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result.

GittaGsArt is not responsible for delivery addresses incorrectly provided by the customer, if the customer has not received or picked up his delivery after tracking indicates that a delivery has been delivered, in the case of mispersonalization or other errors attributable to the customer.

The customer shall bear the costs of resending.

If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or other service permanently impossible, an obligation to perform on the part of GittaGsArt is excluded. Amounts already paid will be refunded by GittaGsArt without delay.

In addition, GittaGsArt can refuse performance, insofar as this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid shall be refunded by GittaGsArt without delay.

5.3 Estimated delivery times:

Germany and Europe: 1 - 2 weeks for originals and art prints

1 business day for digital files

International: 1 - 5 weeks for originals and art prints

1 business day for digital files

All delivery times given by GittaGsArt are non-binding.

These delivery times are only guidelines and refer to standard shipping. The seller will do its utmost to meet the estimated delivery times given, but cannot guarantee them.

The actual delivery time depends on which shipping method (see 5.4 of the GTC) the customer chooses.

There may occasionally be delays in delivery, which unfortunately are beyond the control of the seller.

Peak periods such as Christmas, Easter or public holidays, as well as weather conditions, industrial action, COVID-19 circumstances and the like may cause such delays.

In the event of a significant change in the delivery date, the Seller shall notify the Customer without undue delay as soon as it becomes aware thereof.

Further claims, especially according to §280 Abs.2 BGB (German Civil Code) or a reduction of the purchase price due to change of delivery dates are excluded in any case.

5.4 Shipping methods:

The free shipping usually offered by GittaGsArt and the estimated delivery times given here refer to standard shipping.

If express shipping is desired (approx.1-9 business days), the customer must contact the seller by e-mail so that it can be checked whether a faster delivery may be possible.

In case of express shipping, free shipping is excluded. These extra costs are not refundable in case of return or effective cancellation after the goods are in the manufacturing process.

5.5 Refusal to accept delivery:

In the case of a purchase contract, the customer is obliged to pay for and accept the goods.

The refusal of acceptance, as well as the return of the goods without comment does not constitute an effective revocation according to the legal right of revocation, so that the purchase contract remains valid.

GittaGsArt is therefore still entitled to the full purchase price payment.

The customer is obliged to bear the costs of the (unfree) return.

The same applies to shipping costs incurred if the seller is to resend the goods to the customer. (Therefore, please let us know if you want the goods to be sent to you again).

Import taxes, customs duties and possible extra costs (see 3.4 of the GTC), which the seller has pointed out according to the GTC, do not entitle the customer to refuse acceptance. The purchase contract remains in force even in this case.

Repayments can only be made in the event of an effective revocation.

When purchasing the products offered by GittaGsArt, the customer has NO right of withdrawal according to § 312g Abs.2 Nr.1 BGB. (see also 4) of the AGB)

6) Return Policy

The products offered by GittaGsArt are custom-made works of art, therefore, according to §312g Abs.2 BGB there is no right of return without obvious quality defects or manufacturing defects.

6.1 Non-satisfaction:

Due to the nature of the products offered by GittaGsArt, a return is not possible in case of non-satisfaction without obvious defects or manufacturing defects.

The following does not constitute a defect:

• The artistic design in terms of image conception and details of the product is the responsibility of the artist (GittaGsArt). The wishes of the customer will be taken into account as far as possible, but have their limits in the artistic design freedom of the seller. "Not liking" the product does not constitute a defect and cannot lead to a return or reduction of the agreed remuneration.

• The size of the image mentioned in the offer represents an approximate size and is not binding.

The conversion of the size from inch to centimeter and from centimeter to inch may differ slightly from each other. The measurements serve as an approximate idea of the size for the customer. The real measurements depend on the size of the special canvas and the size of the special material used for art prints.

The indication of the size in A formats according to DIN EN ISO 216 (such as Din A4), serve the customer as an approximate idea of the size. The real dimensions depend on the size of the special drawing paper and can deviate by up to 30%.

These deviations do not represent a defect and can therefore also not lead to a return or reduction of the agreed remuneration.

• Color differences caused by your computer monitor are also not a defect of the goods and do not entitle to a return or reduction of the agreed remuneration.

Should the seller EXPRESSLY CONSENT to a return without defects or manufacturing faults (goodwill), please return the goods to us immediately within twenty-one days of receipt of the delivery, if possible in the original packaging:

Gitta Gläser

Stadtgraben 14

99518 Bad Sulza

Germany

The shipping costs for the return in such a case is borne by the customer.

6.2 Quality defects and manufacturing faults:

• For traditionally made artwork and digital files, the following applies: the sale is made under exclusion of warranty and guarantee. The products are unique artistic pieces. The seller hands over the products free of defects to the customer or the company in charge of shipping. "Not liked" does not constitute a material defect. Further warranty and guarantee claims are excluded.

• The following applies to custom art prints: If the purchased item is defective, the provisions of the statutory liability for defects apply.

A product that is already defective upon delivery (warranty case) will be replaced by the seller at the expense of GittaGsArt with an equivalent, defect-free product (supplementary performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk (see also 7.2 of the GTC).

Explanation and procedure:

The seller does not have the possibility to check the products for quality defects or manufacturing defects himself. The products are created user-defined by the seller, but then printed by third parties, checked for defects and shipped. This gives the customer the opportunity to exercise his right of return.

Please contact us within fourteen days of delivery, and send two to three photos of the defect before returning anything, so that we can check to what extent there is a defect or error, whether the art print can be returned, and to exercise our own warranty rights with the printing company.

Printing defects, similar quality defects and material defects entitle the customer to free replacement.

After inspection of the defects by the seller, and in case of return, the customer shall send the defective goods within twenty-one days from the date of receipt of the delivery free of charge by standard shipping to the address indicated on the return bill.

However, if the customer chooses an unnecessarily expensive shipping method, the customer may be required to pay GittaGsArt the increased cost over a less expensive shipping method.

Please use the original packing materials whenever possible to avoid damage during return shipping.

If the item is not returned in its original condition due to lack of packaging, and any resulting damage is attributable to the customer, the customer will be responsible for any loss in value.

6.3 Transport damages:

In the event of transport damage, the carrier shall be liable in accordance with its GTC, over which the seller has no influence. In particular, the seller assumes no liability for improper transport.

For consumers, the following applies: If goods are delivered with obvious transport damage, please claim such damage immediately to the delivery agent and contact us immediately.

Failure by the customer to make a complaint or contact us has no consequences for his legal claims and their enforcement, in particular his warranty rights (see 7.1 and 7.2 of the GTC). However, the customer helps the seller to assert his own claims against the carrier or the transport insurance.

Please contact us within fourteen days after receipt of the goods damaged in transit and send us two to three photos, both of the damaged goods and the damaged packaging.

• For art prints, the following applies: after the seller has inspected the damage, and in the case of a return, the customer will send the damaged goods within twenty-one days of receipt of the delivery, free of charge, using standard shipping to the address indicated on the return slip.

However, if the customer chooses an unnecessarily expensive shipping method, the customer may be obligated to pay GittaGsArt the increased cost compared to a less expensive shipping method.

In the event of an effective claim, the customer will receive a free replacement from the seller.

• For traditionally made artworks and digital files, the following applies: the sale is made under exclusion of warranty and guarantee.

The products are unique artistic pieces.

The seller hands over the products free of defects to the customer or the company in charge of shipping. In the event of transport damage, the carrier shall be liable in accordance with its general terms and conditions, over which the seller has no influence. In particular, the seller assumes no liability for improper transport. Further warranty and guarantee claims are excluded.

Please note that traditionally made works of art are individual one-off pieces, and that any products made as a gesture of goodwill as replacements are only similar to them. Failure to please does not constitute a material defect (see 6.1 of the GTC).

6.4 Delivery not received:

Please contact us no later than fourteen days after the expected delivery date.

We will cover the cost of sending a replacement delivery for art prints, but we may ask for your help beforehand.

Therefore, please double-check that the address you provided was correct and contact your local post office/delivery agent(s) to locate the lost shipment.

If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result.

GittaGsArt is not responsible for delivery addresses incorrectly provided by the customer, if the customer has not received or picked up their delivery after tracking indicates that a delivery has been delivered, in the case of mispersonalization or other errors attributable to the customer.

For traditionally made artwork and digital files, the following applies: the sale is made under exclusion of warranty and guarantee.

The products are unique artistic pieces.

The seller hands over the products free of defects to the customer or the company in charge of shipping. In the event of transport damage, the carrier shall be liable in accordance with its General Terms and Conditions, over which the Seller has no influence. In particular, the seller assumes no liability for improper transport. Further warranty and guarantee claims are excluded.

Please note that traditionally made works of art are individual one-off pieces, and that any products made as a gesture of goodwill as replacements are only similar to them. Failure to please does not constitute a material defect (see 6.1 of the GTC).

7) Warranty

7.1 For traditionally produced artwork and digital files applies:

The sale is made under exclusion of warranty and guarantee. The products are unique artistic pieces. The seller hands over the products free of defects to the buyer or the company commissioned with the shipment. "Not liked" does not constitute a material defect (see 6.1 of the GTC). Further warranty and guarantee claims are excluded.

7.2 For custom art prints applies:

If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

A product that is already defective upon delivery (warranty case) shall be replaced by the seller with an equivalent, defect-free product at the expense of GittaGsArt (subsequent performance).

In the event of a replacement delivery, the customer is obliged to send the product at the expense of GittaGsArt to the return address provided by GittaGsArt.

The customer's liability for damages in the event of a breach of the obligation to return the product for which the customer is responsible shall be governed by the statutory provisions.

It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk.

A warranty case does not exist in particular in the following cases:

in the case of damage caused to the customer by misuse or improper use,
in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary physical stress or fire).

The legal warranty of GittaGsArt ends two years after delivery of the goods. The period begins with the receipt of the goods.

8) Duty to Cooperate and Provide Information

The customer must truthfully provide GittaGsArt with all information and facts necessary for the provision of services.

Changed circumstances, especially changes in customer data (name, address, e-mail) should be brought to GittaGsArt's attention immediately.

Unless otherwise agreed, GittaGsArt delivers the goods to the address specified by the customer during the ordering process.

The customer has to make sure that the e-mail address given by him for order processing is correct and that the e-mails sent by the seller can be received. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order (such as parcel services) can be delivered.

For the fulfillment of the contract according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use.

9) Release from Liability

The customer declares that image material provided by him is free of third party rights in relation to the order placed by him. The customer shall bear the responsibility and liability, including all financial and legal consequences, for photographic material submitted for the purpose of producing the products. The customer shall indemnify the seller against any liability and claims for compensation by third parties. This also and in particular applies to use for presentation purposes (see 10) of the GTC).

The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10) Use for Presentation Purposes

The artist has the right to use a copy of the work (digital or photocopy) for advertising and presentation purposes without naming the persons depicted. Should the purchaser or a person depicted not wish to do so, an informal notification will suffice.

11) Copyright and Resale Right

With the purchase of the product the customer acquires the property. The copyright, exploitation and use right remains with the seller and is not granted to the customer. The customer is not entitled to reproduce or publicly display the product without the consent of the seller (this also includes digital media). The product is protected by copyright worldwide. The claim for remuneration in case of resale according to §26 UrhG is explicitly pointed out.

12) Limitation of Liability

If the Buyer has justified liability claims against the Seller, which have not been excluded in the preceding text, the amount of such claims shall be limited to the order value according to the offer of the product.

13) Secrecy

The privacy policy in the respective valid version on the website of the seller GittaGsArt as well as point 10) of the GTC apply.

14) Applicable Law

The contract concluded between the customer and GittaGsArt is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which the customer has his habitual residence.

15) Dispute Resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ .

GittaGsArt is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

16) Final Provisions

Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged thereby.

Changes or additions to this contract must be made in writing.

These GTC are valid from June / 10 / 2022

GTC