General
Terms and conditions

§1 General provisions

All contracts with ArtMinded GmbH are concluded exclusively on the basis of these General Terms and Conditions (GTC) in the version valid at the time of the order. Provisions that deviate from these terms and conditions require written agreement or written confirmation by ArtMinded GmbH. Any provisions deviating from these terms and conditions are hereby expressly rejected. Orders placed verbally, by telephone or electronically shall only be accepted subject to the inclusion of our applicable General Terms and Conditions.

§2 Contract / Contractual services

Paragraph 1

The presentation of products in the ArtMinded GmbH online store does not constitute a legally binding offer. If you merely place products in the «shopping cart», this does not constitute a binding order. You only place a binding order for the products contained in the shopping cart when you click on the «Order» button on the order page. A contract confirmation will then be sent to you immediately by e-mail, upon receipt of which the contract is concluded. Subsidiary agreements, amendments and supplements are only valid if ArtMinded GmbH confirms them in writing (also digitally). ArtMinded GmbH reserves the right to reject customer orders in individual cases. In particular, customer orders may be rejected if the order deviates from the requirements specified by ArtMinded GmbH or if the customer is known to be unworthy of credit.

Paragraph 2

All prices do not include VAT.

Paragraph 3

ArtMinded GmbH does not guarantee that all products offered in the online catalog are available at all times. If one or more products are not available, ArtMinded GmbH shall inform the customer of this 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 images

Paragraph 1

ArtMinded GmbH is not the author of the images offered on its website. The customer shall be responsible for the correctness of any third-party rights, in particular copyright and personal rights, that may be affected by the transmission of image documents and the creation of paintings based on the original. The customer must have all relevant exploitation rights and any necessary third-party permission for both the transmission of images and the creation of paintings. In this respect, the customer shall be liable for possible infringements of rights and shall indemnify ArtMinded GmbH against all third-party claims.

Paragraph 2

By placing the order, the customer warrants that the contents of the transmitted image files do not violate the provisions of criminal law, in particular the provisions on the dissemination of child pornography (§ 197 StGB). ArtMinded GmbH reserves the right to file a complaint immediately in the event of a violation.

Paragraph 3

ArtMinded GmbH recognizes the intellectual property rights of others. If you believe that your work has been copied or used on the ArtMinded GmbH website in a way that constitutes copyright or trademark infringement, please notify us via e-mail. If we receive a bona fide complaint of infringement or otherwise become aware of any actual or alleged infringement, we will remove the product(s) in question from the website and/or cease selling the product(s) until our investigation is complete.

§4 Obligations of the customer

Paragraph 1

By uploading files, the customer confirms that they have the right to distribute and reproduce the content and materials of these files. The customer guarantees that the contents and materials of a transmitted file do not violate applicable law. The customer further confirms that the image templates, contents and materials sent to us do not infringe 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 rights by ArtMinded GmbH. In such cases, ArtMinded GmbH shall be entitled to refuse performance and withdraw from the contract.

Paragraph 2

In the course of creating the painting, the buyer receives a preview image of the finished product by e-mail. The buyer is obliged to provide feedback on the preview provided within 2 working days. The feedback must be given in writing by e-mail. If ArtMinded GmbH does not receive any feedback from the buyer within the period of 2 working days, the ordered product shall be deemed to have been approved by the buyer. If the buyer reports change requests by e-mail within these 2 working days, these will be checked and the product will be reworked as far as possible. If change requests are reported, the delivery time will be extended. The customer will be informed separately of the deadline and the consequences of failing to meet the deadline.

§5 Terms of delivery

Delivery shall be ex warehouse of ArtMinded GmbH in Switzerland, unless otherwise agreed in writing. ArtMinded GmbH shall always endeavor to meet the specified deadlines. If ArtMinded GmbH is in default, the buyer may withdraw from the contract in accordance with the following provisions:

• The period of grace to be granted to ArtMinded GmbH shall be set at three weeks.
• The period shall commence upon receipt by ArtMinded GmbH of the customer's setting of a grace period.

In the event of delivery disruptions due to force majeure, ArtMinded GmbH shall be entitled to withdraw from the contract without incurring any liability for damages, provided that the impediment to performance is not only of a temporary nature. The purchase price already paid shall be refunded in the event of withdrawal. Orders and any services shall only be fulfilled by ArtMinded GmbH if there are no outstanding payments from other contracts.

§6 Terms of payment

Paragraph 1

Payment can be made by credit card (Visa, Mastercard, Postfinance), Paypal, Twint or invoice. ArtMinded GmbH reserves the right to restrict the choice of payment methods.

Paragraph 2

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.

Paragraph 3

The purchase price is due immediately and without deduction upon conclusion of the contract. If a debit from the customer's account is not possible due to incorrect data or insufficient funds in the customer's account, the customer must reimburse any additional costs incurred. ArtMinded GmbH is expressly permitted to use the services of trustworthy third parties to process payments.

§7 Purchase on account with installment facility (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the payment method «purchase on account». With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month. When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, in addition to our general terms and conditions, you accept the Terms and Conditions (AGB) of POWERPAY.

§8 Warranty and Liability for Defects

Paragraph 1

Information, drawings, illustrations, technical data and descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are of a purely informational nature. ArtMinded GmbH assumes no warranty for the accuracy of this information. With regard to the type and scope of the delivery, only the information contained in the order and the order confirmation shall be decisive.

The paintings are created by different artists, which is why they cannot correspond one-to-one to the example images. ArtMinded GmbH expressly points out that the oil paintings are intended exclusively for use in enclosed indoor spaces.

The designations and specifications determined at the conclusion of the contract represent the technical standard at the current point in time. Minor technical deviations (in particular image cropping and colouring of the painting) of the delivered goods from the advertised goods are permissible and do not constitute a defect, provided they remain within the range customary in the trade and the contractual purpose is not significantly impaired. Paintings that are cropped may, as is customary in the trade, deviate slightly but not substantially from the specified sizes.

Minor colour differences customary in the trade may occur if the customer's monitor is calibrated differently and is not colour-accurate. Complaints, credits and replacement paintings are excluded unless the deviation lies outside the range customary in the trade. Likewise, a defect does not exist if a loss of quality is caused by the poor quality of the image files submitted by the customer (e.g. low resolution of the original image files).

Paragraph 2

If the purchased item is defective, the statutory provisions shall apply. The assignment of these claims of the buyer is excluded. ArtMinded GmbH assumes no warranty for minor deviations of the preview images from the original photo. In the case of goods depicted on the internet, minor deviations in colour shade, format and in material and surface quality are not entirely avoidable. Such deviations do not entitle the buyer to a complaint of defects. Upon acceptance of the goods, the packaging must be inspected by the buyer. In the event of obvious transport damage, this must be confirmed in writing by the logistics agent and reported to ArtMinded GmbH in written form, stating the invoice number.

§9 Right of withdrawal and money-back guarantee

ArtMinded GmbH grants a right of withdrawal for products purchased from us. The withdrawal must be made within 30 days of receipt of the goods, in writing, by e-mail to info@artminded.ch . The time of dispatch of the withdrawal shall be decisive.

The exercise of the right of withdrawal does not require any statement of reasons. The exercise of the right of withdrawal converts the purchase contract into a restitution relationship, under which the performances received within the scope of the purchase contract must be returned.

Goods received must be returned no later than 14 days after declaration of the withdrawal. Payments received will likewise be refunded within 14 days after declaration of the withdrawal. ArtMinded GmbH may refuse the refund until the goods have arrived at the company's registered office or until the customer has provided proof that the goods have been returned, whichever is the earlier point in time.

In the event of a withdrawal, the goods must be returned to ArtMinded GmbH immediately in the original packaging. The costs of the return shipment shall be borne by the customer. The purchase price will be refunded promptly after receipt of the goods. ArtMinded GmbH reserves the right to deduct compensation for possible damage or excessive wear from the purchase price to be refunded if any loss in value is attributable to handling of the goods that was not necessary to establish the nature, characteristics and functionality of the goods.

No right of withdrawal is granted for the following products:

• Paintings created according to the customer's wishes
• Paintings based on photo templates provided by the customer

Money-back guarantee for paintings made to the customer's specifications

For paintings created according to the customer's wishes or based on the customer's photo templates, ArtMinded GmbH grants a money-back guarantee until the painting has been approved, in place of the right of withdrawal.

Before shipping, the customer receives a preview image for approval (§4 Paragraph 2). If the customer is not satisfied with the painting and this cannot be remedied by rework, the customer may withdraw from the contract before approval, in writing by e-mail to info@artminded.ch. In this case the purchase price will be refunded in full.

The money-back guarantee ends when the customer approves the painting (§4 Paragraph 2). After approval, withdrawal from the contract and returns are excluded. The customer's claims in the event of defects and transport damage under §8 remain reserved.

§10 Destruction of Submitted Material

All templates are deleted after completion of the work.

§11 Retention of Title

The goods remain the property of ArtMinded GmbH until full payment has been made.

§12 Severability Clause

Should individual provisions of these General Terms and Conditions or of the contract supplemented by them be or become invalid, the validity of the remaining provisions shall not be affected thereby. In the event of the invalidity of an individual provision, the contracting parties shall endeavour to reach a new agreement which, taking into account the interests of both parties, comes closest to the economic purpose of the invalid provision.