§1 General provisions
All contracts with ArtMinded GmbH are concluded exclusively on the basis of these General Terms and Conditions (AGB) in their version valid at the time of the order. Provisions that deviate from these terms and conditions require a written agreement or written confirmation by ArtMinded GmbH. Regulations deviating from these terms and conditions are hereby expressly rejected. Orders placed orally, by telephone or electronically will only be accepted by us with the inclusion of our respective valid GTC.
§2 Contract/contractual services
The presentation of the products in the online shop of ArtMinded GmbH does not represent a legally binding offer. If you only put products into the “shopping cart”, this is not considered a binding order. A binding order for the products contained in the shopping cart is only placed when you click the “Order” button on the order page. Thereupon you will immediately receive a contract confirmation by e-mail, upon receipt of which the contract is concluded.
Additional agreements, changes and additions are only valid if ArtMinded GmbH confirms them in writing (also digitally). ArtMinded GmbH reserves the right to reject customer orders in individual cases. Customer orders can be rejected in particular if the order deviates from the requirements specified by ArtMinded GmbH or if the customer is known to be unworthy of credit.
All prices do not include value added tax.
ArtMinded GmbH does not guarantee that all products offered in the online catalogue are available at any time. Should one or more products not be available, ArtMinded GmbH will inform the customer as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded.
§3 Copyrights and contents of the pictures
ArtMinded GmbH is not the author of the pictures offered on its Internet presence. The customer is responsible for the correctness of the rights of third parties possibly touched by the transmission of picture documents as well as the creation of the painting after presentation, especially the copyright and personal rights.
For both the transmission of pictures and the creation of paintings, the customer must have all relevant exploitation rights as well as any necessary permission of third parties. In this respect, the customer is liable for possible infringements of rights and indemnifies ArtMinded GmbH from all claims of third parties.
DBy placing the order, the customer assures that the contents of the transmitted image files do not violate the provisions of the criminal law, in particular the regulations for the distribution of child pornography (§ 197 StGB).
ArtMinded GmbH acknowledges the intellectual property rights of others. If you believe that your work on the ArtMinded GmbH website has been copied or used in a way that constitutes copyright or trademark infringement, please notify us by e-mail. If we receive a complaint in good faith regarding an infringement or otherwise learn of an actual or alleged infringement, we will remove the product(s) in question from the website and/or cease sales of the product(s) until our investigation is complete.
§4 Duties of the customer
By uploading files, the customer confirms that he has the right to distribute and reproduce the contents and materials of these files. The customer guarantees that the contents and materials of a file that has been sent do not violate applicable law.
The customer further confirms that the image templates, contents and materials sent to us do not violate any copyrights or rights of use, trademark rights, personal rights or other rights of third parties.
ArtMinded GmbH is not obliged to provide services that result in a violation of law by ArtMinded GmbH. In such cases ArtMinded GmbH is entitled to refuse performance and to withdraw from the contract.
In the course of the creation of the painting the buyer receives a preview picture of the finished product by e-mail. The buyer is obliged to give feedback on the provided preview within 2 working days. The feedback must be in writing by e-mail. If ArtMinded GmbH does not receive a feedback from the buyer within the period of 2 working days, the ordered product is considered to be released by the buyer. If the buyer reports change requests by e-mail within these 2 working days, they will be checked and the product will be reworked as far as possible. The delivery time will be extended if the buyer reports change requests. The customer will be informed separately about the deadline and the consequences of missing the deadline.
§5 Terms of delivery
Delivery is made from the warehouse of ArtMinded GmbH in Switzerland, unless otherwise agreed in writing. ArtMinded GmbH always tries to meet the given deadlines. If ArtMinded GmbH is in default, the purchaser may withdraw from the contract in accordance with the following provisions:
– The period of grace to be granted to ArtMinded GmbH is set at three weeks.
– The period of grace begins upon receipt of the customer’s setting of the period of grace by ArtMinded GmbH.
In the event of delivery disruptions due to force majeure, ArtMinded GmbH is entitled to withdraw from the contract without incurring any liability for damages, provided the obstacle to performance is not only of a temporary nature. The purchase price already paid will be refunded in case of withdrawal.
Orders as well as any services will only be fulfilled by ArtMinded GmbH if there are no outstanding payments from other contracts.
§6 Terms of payment
Payment can be made either by credit card (Visa, Mastercard, Postfinance), Paypal, Twint, or invoice. ArtMinded GmbH reserves the right to limit the choice of payment methods.
If the payment method “credit card (Visa, Mastercard, Postfinance)” is selected, the customer’s credit card account will be debited immediately after the order is placed by the buyer in accordance with § 2 paragraph 1 of these GTC.
The purchase price is due immediately and without deduction upon conclusion of the contract.
If a direct debit from the customer’s account is not possible due to wrong data or lack of funds in the customer’s account, the customer shall reimburse any additional costs incurred.
ArtMinded GmbH is expressly permitted to use the services of trustworthy third parties for the handling of payments.
§7 Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC
§8 Warranty and liability for defects
Details, drawings, illustrations, technical data, weight, dimensional and performance descriptions contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. ArtMinded GmbH does not assume any liability for the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the order and the order confirmation is decisive. The pictures are created by different artists, which is why they cannot correspond one-to-one to the sample pictures. ArtMinded GmbH expressly points out that the oil paintings are exclusively intended for use in closed rooms. The designations and specifications established at the time of conclusion of the contract represent the technical state of the art at the current time. Minor technical deviations (in particular cropping and colouring of the picture) of the delivered goods compared to the advertised goods are permissible and do not constitute a defect, as long as they are within the customary scope of trade and the contractual purpose is not significantly limited. Images that are cropped may, as is customary in the trade, deviate slightly, but not significantly, from the specified sizes. Slight, commercially customary colour differences may occur if the customer’s monitor is calibrated differently and not true colour. Complaints, credit notes and replacement pictures are excluded, unless the deviation is outside the customary scope of the trade. Likewise, there is no defect if a loss of quality is caused by the poor quality of the image files transmitted by the customer (e.g. low resolution of the original image files).
If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the buyer is excluded. ArtMinded GmbH does not assume any warranty for minor deviations of the preview pictures compared to the original photo. In the case of goods shown on the Internet, minor deviations in colour, format, fabric and surface quality are not completely avoidable. Such deviations do not entitle to a notice of defects. Upon acceptance of the goods, the packaging must be checked by the buyer. In case of obvious transport damage, this must be confirmed in writing by the logistics officer and ArtMinded GmbH must be notified in writing, stating the invoice number.
§9 Right of revocation
ArtMinded GmbH grants a right of withdrawal for products purchased from us. The revocation must be made in writing within 30 days after receipt of the goods by e-mail to firstname.lastname@example.org. The date of dispatch of the revocation is decisive. The exercise of the right of revocation does not require any justification.
The exercise of the right of revocation leads to the conversion of the sales contract into a back transaction relationship, after which the services received within the framework of the sales contract must be refunded. Received goods must be returned within 14 days of the declaration of revocation at the latest. Payments received will also be refunded within 14 days after declaration of the revocation. ArtMinded GmbH may refuse to refund until the goods arrive at the company’s headquarters or until the customer has provided proof that the goods have been returned, whichever is the earlier.
In case of a cancellation the goods must be returned to ArtMinded GmbH immediately with the original packaging. The customer bears the costs for the return shipment. The purchase price will be refunded immediately after receipt of the goods. ArtMinded GmbH reserves the right to deduct compensation for possible damage or excessive wear and tear from the purchase price to be refunded if any loss of value is due to handling of the goods which was not necessary to determine the nature, condition and functionality of the goods.
No right of withdrawal is granted for the following products:
– Paintings that were created according to the wishes of the customer,
– Paintings according to photo templates of the customer
§10 Destruction of the material sent
All templates are deleted after the work is completed.
§11 Reservation of title
The goods remain the property of ArtMinded GmbH until full payment has been received.
§12 Severability Clause
If individual provisions of these General Terms and Conditions of Business and the contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected. In the event of invalidity of an individual provision, the contracting parties shall endeavour to reach a new agreement, taking into account the interests of both parties, which comes as close as possible to the economic purpose of the invalid provision.
§13 Application of law/court of jurisdiction
In the event of disputes, Swiss law is exclusively applicable. The place of jurisdiction is Wädenswil.
Waedenswil, February 2020