General Terms and Conditions with Customer Information
Last Update: 24. October 2022
Table of contents
- Validity of the GTC
- Contact and service details
- General Information on Offers and Orders
- Ordering Process and Conclusion of Contract
- Order Process and Conclusion of Contract on Etsy Platform
- Contract Text and Contract Language
- Prices and Shipping Costs
- Payment Methods and Terms
- Delivery, Availability of Goods
- Digital Contents
- Digital Services
- Production and processing according to the Customer\'s specifications
- Copyright and Rights of Use
- Instructions on Withdrawal
- Warranty and Liability
- Dispute Resolution
1. Validity of the GTC
- The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between JS-Tierportraits, Zwickauer Straße 276, 09116 Chemnitz, Germany (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
- Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
- A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
- "Entrepreneur" within the meaning of the GTC 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 self-employed professional activity.
2. Contact and service details
- Please note the following information about the availability of our customer service.
- E-mail address: email@example.com
- Contact form: https://js-tierportraits.de/shop/en/contact-us
3. General Information on Offers and Orders
- The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
- Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
- Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
4. Ordering Process and Conclusion of Contract
- The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
- The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
- A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
5. Order Process and Conclusion of Contract on Etsy Platform
- The conditions of this section apply to orders placed via the Etsy platform. The purchase contract is concluded with the Vendor and not with Etsy.
- By posting an offer on the Etsy platform, the Vendor makes a binding offer to conclude a contract in accordance with the information and conditions specified for the offer.
The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
6. Contract Text and Contract Language
- The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
- If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
- The contract languages are German and English, contracts can be concluded in these languages.
7. Prices and Shipping Costs
- All prices are final prices. The seller is subject to the sales tax small business regulation and therefore does not specify sales tax, or VAT.
- The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
- In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer
- Information page with details of delivery and shipping costs: https://js-tierportraits.de/shop/en/content/1-shipping
8. Payment Methods and Terms
- Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
- When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
- Information page with details of the available payment options: https://js-tierportraits.de/shop/en/content/1-shipping
- Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
- SEPA Direct Debit - By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer's bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as " Pre-Notification"). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the "Pre-Notification Period"). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited before shipment of the goods but not before the expiry of the Pre-Notification Period.
- PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
- PayPal Credit - Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal's terms and conditions.
- In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
9. Delivery, Availability of Goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
- Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
- If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
- Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
10. Digital Contents
- "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
- The provisions of these GTC apply accordingly to the sale of Digital Content.
- Digital Contents are provided to the Customer in the form of a download possibility.
- Digital content is sent to the Customer by e-mail to the e-mail address provided.
- The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
- For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).
11. Digital Services
- "Digital Service" means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.
- The provisions of these GTC shall apply accordingly to Digital Services.
12. Production and processing according to the Customer's specifications
- If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
- The Customer shall be informed of his required Cooperation within the product description or the ordering process.
- In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
- The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.
- The Vendor shall not bear any costs for the Cooperation of the Customer.
- The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
- The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).
13. Copyright and Rights of Use
- The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
- The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
- If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
- The rights granted are limited to private use purposes and do not include business or corporate use.
- If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
- The copyright notices and proprietary notices (for example the "Copyright" symbol ©) attached or otherwise connected with the products within a reasonable and legally recognised scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognisable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the products.
14. Instructions on Withdrawal
The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
15. Warranty and Liability
- Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
- The Vendor may limit the warranty in the case of Customers who are consumers if it has specifically informed the Customers thereof and the limitation of the warranty is expressly and separately agreed and this agreement is provided to the Customer on a durable medium.
- The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
- The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
- The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
- The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.
16. Dispute Resolution
- The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
- We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
Prices and Payment
- (1) Displayed default prices apply for a single headshot with either a simple colored or a white background. Full body portraits, additional animals and complex backgrounds each raise the price according to complexity; please make sure to choose your customization of the portrait before adding it to the shopping cart.
- (2) The total consists of the price of the unframed portrait and costs for packaging and shipping.
- (3) Payment plans can be arranged from 100€ upwards.
- (4) The client will receive their painting only after the total is paid.
Revisions and Canceling
- (5) The client may ask for up to two alterations during and after the painting stage, as long as the chosen media allow for it and it does not reduce the artistic quality of the painting.
- (5) The client may cancel the commission at any time. All rights of the portrait remain with the artist. The started portrait may be finished and sold by the artist.
- (5a) If the client cancels the commission before work on the actual painting has begun they will be refunded their advance payment in full.
- (5b) If the client cancels the commission before detailed work on the painting has begun they will be refunded half of what they paid.
- (5c) If the client cancels the commission after detailed work on the painting has begun they will not be refunded their payment.
Rights to the painting and its preliminary work
- (6) The artist reserves the right to display the portrait on her website, online galleries or other online platforms. If the portrait is a time-sensitive gift this display can be timed accordingly at the request of the client.
- (7) The artist retains all rights to the paintings, including the rights to make and sell prints and merchandise. This clause naturally excludes making prints, merchandise, etc. of so-called "OCs" (Original Characters), who are property of their respective owners/ copyright holders. In these cases, the artist retains the right to simply show the artwork along with credit to the OCs copyright info on her website, social media and other platforms.
- (8) Layouts and sketches that were rejected by the client as well as cancelled commissions may be re-used for other commissions or personal work by the artist.
- (9) The client has the right to resell the physical portrait. Beyond that they may not profit from the.artwork in any form.
- (10) The client has the right to scale down or crop the scan of the painting for use as icons, wallpapers and the like for personal use. The artwork itself may not be altered while doing so.
- (11) The client may display the watermarked scan of the painting on their personal website or gallery, as long as the name of the artist and a link to one of her websites (http://js-tierportraits.de, http://elektroyu.tumblr.com/, https://www.youtube.com/channel/UC3gSdL94BiOm7Ge98WTPxaQ, https://www.facebook.com/js.tierportraits, http://elektroyu.deviantart.com/) are mentioned.
- (12) The artist reserves the right to reject a commission for any reason.
- (13) The artist enables the client to be informed frequently about the status of the commission. This may happen publicly via Facebook and Tumblr or, at request of the client, privately via email.
- (14) The artist is not responsible for inaccurate information regarding the copyrights of the photos provided by the client. The client either has all rights on the photos themselves or they must, if necessary in written form, ensure that the owner of the rights has agreed to use the photos as reference for a commissioned painting.
- (15) The client must have read, understood and agreed to the terms stated above before commissioning the artist. By sending full or partial payment to the artist the client agrees to the above terms.