Terms and Conditions
1. Scope of Application
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. Copyright
9. Redemption of Vouchers
10. Right of Withdrawal for Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1. Scope of Application
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 relate to the products presented by the Seller in their online shop. Any conflicting terms and conditions of the Customer are hereby expressly rejected, unless an express agreement has been made.
1.2 These GTC apply accordingly to contracts for the acquisition of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC 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 self-employed professional activity.
2. Conclusion of Contract
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an 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 means of an order confirmation email immediately after receiving your order.
2.3. The Seller has the option to accept the Customer's offer within a period of five days:
- By sending an order confirmation to the Customer by email. The time of receipt of the order confirmation by the Customer is decisive.
- By delivering 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 options exist, the contract is concluded at the time when one of these options occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends on the fifth day after the day the offer was sent. If the Seller does not accept the Customer's offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4. Order processing and communication usually take place 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 self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
3.2. If you, as a consumer, exercise your right of withdrawal, you shall bear the regular costs of the return shipment.
3.3. Otherwise, the regulations detailed in the following cancellation policy apply to the right of withdrawal:
3.A Right of withdrawal for ordered and delivered goods
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Zuzana Keller Art, Zuzana Keller, Wiesenweg 5, 86845 Großaitingen, Germany, Tel.: 01625997619, Email: zuzanakellerart@gmail.com or info@zuzanakellerart.de) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must repay 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), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.
3.B Withdrawal from individually commissioned pet portraits
For individually commissioned work by Zuzana Keller Art, upon receipt of the commissioned work, you have the option to request a refund of 30% of the commission value if you do not like the commissioned pet portrait. However, this is only possible on the condition that you return the commissioned work undamaged to us within two weeks of receipt. After the artwork has been reviewed by Zuzana Keller, the refund of 30% will be processed within the next two weeks. For individually commissioned works, the full purchase price cannot be refunded, this is due to the associated effort (time, material costs) of the artist.
You bear the direct costs of returning the goods.
General Information
1) Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2) Please do not return the goods freight collect to us.
3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
3.C Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and return it.
To
Zuzana Keller
Wiesenweg 5
86845 Großaitingen
Tel.: 01625997619
info@zuzanakellerart.de
zuzanakellerart@gmail.com
I/we (*) hereby withdraw from 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) __________________________
– Date __________________________
_______________
(*) 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 that do not include statutory value-added tax in Germany according to § 19 para. 1 UStG. Any additional delivery and shipping costs will be listed separately in the respective product description.
5.2. Shipping is only possible within the EU. The shipping costs are as follows:
DE - free
EU countries - from 15 €
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 specified by the seller is decisive for the transaction.
5.4. Delivery is only within Germany with DHL or another service provider.
5.5. Self-collection is only possible by arrangement with the seller. In this case, please contact Zuzana Keller via the specified email address or by phone.
5.6. The delivery time is up to 10 days. We will indicate any differing delivery times on the respective product page.
6. Retention of Title
The goods remain our property until full payment has been received.
7. Liability for Defects (Warranty)
7.1. If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2. If the customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery person and to inform the seller thereof. Failure to do so has no effect on their statutory or contractual claims for defects.
8. Copyright
8.1. All images displayed on this website are subject to copyright. The author in this case is Zuzana Keller. The works are protected by copyright both physically and digitally, including their representation on websites and internet applications such as Instagram and similar platforms. Copyright extends both nationally and internationally. Any depictions, reproductions, and publications of the works may only take place after prior consultation and written consent of the artist and must specify the 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 only permitted after notification and with the written consent of the artist and applies exclusively for the agreed duration and purpose.
8.4. Attribution - Unless otherwise agreed in writing, the name of the artist/author must be mentioned when using the work.
9. Redemption of Vouchers
9.1 Gift vouchers purchased in the Seller's online shop can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and any remaining credit balances can be redeemed for four years from the date of purchase. Any remaining credit balance remains valid until its expiry date and can be used for further orders.
9.3 Redemption of a gift voucher is only possible during the order process before its completion. Subsequent offsetting against already completed orders is excluded.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods. The purchase of further gift vouchers is not possible with gift vouchers.
9.6 If the value of the gift voucher does not fully cover the order value, the difference can be paid using one of the payment methods offered in the online shop.
9.7 Cash payment of the voucher or remaining credit and interest on the credit are excluded.
9.8 Gift vouchers are transferable. The Seller is entitled to perform with discharging effect to the respective holder who redeems the gift voucher in the online shop, unless the Seller knows or, due to gross negligence, does not know that the holder is not entitled to redeem the voucher, is legally incapacitated, or has no power of representation.
10. Right of Withdrawal for Gift Vouchers
10.1 The statutory right of withdrawal applies to the purchase of gift vouchers, unless otherwise provided by law.
10.2 For digital gift vouchers, the right of withdrawal expires as soon as the voucher has been provided at the express request of the customer before the expiry of the withdrawal period and the customer has confirmed that they thereby lose their right of withdrawal.
10.3 A right of withdrawal does not exist for the part of the gift voucher that has already been redeemed at the time of withdrawal. For the unredeemed remainder, the statutory provisions on withdrawal and, if applicable, compensation for value (§ 357 BGB) apply.
10.4 In the event of an effective withdrawal, the purchase price of the gift voucher will be refunded using the original payment method, unless otherwise agreed.
11. Applicable Law
For all legal matters between the parties, the law of the Federal Republic of Germany applies, with the exclusion of laws regarding the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to them is not impaired by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12. Alternative Dispute Resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.