Terms and Conditions – Freelance Activity: Kunst mit Freude x Joy Dahlmann

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Terms & Conditions (AGB) – Freelance Activity: Kunst mit Freude x Joy Dahlmann

General Terms and Conditions (AGB) for Sales via Website and Social Media

§ 1 Scope

These General Terms and Conditions (hereinafter: “T&C”) apply to all contracts for the sale of original artworks via the website or social media, concluded between Joy Dahlmann, Hammer Straße 17, 59269 Beckum, joy@kunst-mit-freude.com (hereinafter “Seller”), and customers (hereinafter “Customer”). The version of the T&C valid at the time the contract is concluded shall apply.

Deviating terms and conditions of the Customer are not accepted. This also applies if the Seller does not expressly object to their inclusion.

These T&C apply to both consumers pursuant to § 13 BGB and entrepreneurs pursuant to § 14 BGB.

A Customer is a consumer if the ordered goods and services are not predominantly attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding the contract.

By purchasing an original artwork, the Customer agrees that this artwork may be used as a template for prints or other products featuring the Seller’s motifs.

§ 2 Conclusion of Contract

The presentation of artworks on the website or social media does not constitute a legally binding offer.

Original artworks are sold only upon inquiry and not through an online shop. Inquiries may be submitted via the website contact form, by email, or through social media such as Instagram.

A contract is concluded once the Customer submits a binding offer to purchase an artwork and the Seller confirms this in writing or via email.

The contract is concluded in the German language.

§ 3 Delivery Conditions

The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer.

Indicated delivery times are calculated from the date of order confirmation, subject to prior payment of the purchase price. Unless otherwise specified, delivery within Germany and the EU takes approx. 7–30 business days; deliveries outside the EU take approx. 7–40 business days.

If the ordered product is not available at the time of the order, the Seller will refrain from accepting the offer. In this case, no contract is concluded.

The Seller is not responsible for delivery delays caused by force majeure or other unforeseeable, extraordinary, and unavoidable events outside her control. These include, but are not limited to: natural disasters, war, terrorist attacks, riots, labor disputes, pandemic-related restrictions, government measures, disruptions in power supply, or transportation issues.

In such cases, delivery periods are extended by the duration of the disruption plus a reasonable recovery period. The Seller will inform the Customer without delay about such events and expected delays. If delivery becomes permanently impossible due to such events, both parties may withdraw from the contract. Payments already made will be refunded; further claims are excluded.

The Seller is not liable for delivery delays caused by incorrect or incomplete Customer information. Customers must provide accurate and complete delivery details.

Delivery restrictions apply: The Seller delivers only to customers with residence (billing address) in the following countries and who can provide a delivery address in the same country:
European Union, USA, Canada, Australia, New Zealand, United Arab Emirates, Kuwait, Switzerland, and the United Kingdom.

Orders for deliveries abroad may be subject to a minimum order value. Customers can find this minimum order value in the price information provided in the online shop.

§ 4 Prices and Shipping Costs

As a small business under § 19 UStG, the Seller does not charge or show VAT.

Shipping costs are not included in the purchase price and will be invoiced separately.

If the Seller fulfills an order through partial deliveries, Customers will only be charged shipping costs for the first partial delivery. If partial deliveries occur at the Customer’s request, shipping costs apply to each partial delivery.

If Customers validly withdraw from the contract under the law, they may — under statutory requirements — request reimbursement of shipping costs for delivery to them (“Hinsendekosten”).

Shipping is carried out via postal services. If the Customer is a consumer, the Seller bears the shipping risk.

In the case of withdrawal, Customers must bear the direct cost of returning goods.

§ 5 Payment Terms

Invoices are sent to the Customer via email.

Payment is due immediately upon conclusion of contract. The Seller generally requires advance payment. Payments may be made via bank transfer or other agreed payment methods.

If a payment deadline is tied to a calendar date, customers enter default by missing the date. Default interest is 5 percentage points above the base rate for consumers, and 9 percentage points above the base rate for entrepreneurs.

The obligation to pay default interest does not exclude the assertion of additional damages caused by delay.

§ 6 Import Duties, Customs Fees & Taxes

For deliveries outside Germany, import duties may apply. These include customs fees, import VAT, handling fees by customs authorities or shipping providers.

The Customer is solely responsible for paying all import duties. The Seller does not charge, refund, or assume any of these costs.

The Customer must inform themselves about applicable import regulations and tax rates in their destination country. The Seller is not liable for delays or additional costs resulting from failure to observe such regulations.

If the Customer refuses delivery due to incurred import charges, they will bear the cost of returning the goods as well as any additional incurred fees.

The Customer must provide all documents necessary for customs clearance. The Seller is not responsible for delays or costs resulting from incomplete or incorrect Customer information.

§ 7 Retention of Title

Goods remain the property of the Seller until full payment has been made.

§ 8 Warranty

The Seller is liable for material or legal defects in accordance with statutory provisions. The limitation period for claims is two years from delivery. For entrepreneurs, the warranty period is 12 months.

Due to lighting conditions and digital displays, slight differences between shown images and actual prints may occur. These are technically unavoidable and do not constitute a defect.

Minor deviations in color, texture, or appearance are not defects but part of the artistic and handmade nature of the products.

Hand-painted frames are excluded from warranty claims regarding surface or color variations typical for handcrafted items. If an actual defect exists beyond such characteristics, statutory warranty rights remain unaffected.

§ 9 Liability

Customer claims for damages are excluded except for:

– injury to life, body, or health,
– breach of essential contractual obligations,
– damages caused intentionally or by gross negligence.

For breaches of essential contractual obligations due to simple negligence, liability is limited to foreseeable, typical damages.

These limitations also apply to legal representatives and agents of the Seller.

The limitations do not apply to concealed defects, granted guarantees, or as provided by the Product Liability Act.

§ 10 Issuance and Redemption of Vouchers

Vouchers may only be purchased upon individual request. They are not sold through the online shop; the shop only displays availability.

Ordering occurs after direct contact via email or contact form. After confirmation, the Customer receives payment information. The voucher is created and shipped only after payment is received.

Vouchers are physical cards shipped by post. No digital delivery is available.

Vouchers can be used only for the category listed on the voucher:

– Original artworks, commissions, and art prints
– Workshops, creative projects, and product items

They cannot be cross-used between categories.

Vouchers are valid for three years from the date of issue.

They are transferable but can only be redeemed once. Cash payout or interest is excluded.

Shipping times:
Germany: approx. 5–7 business days after payment
EU & international: variable; shipping costs are communicated before purchase.

Customers must report printing errors immediately.

If the purchase amount is lower than the voucher value, the remaining amount stays as credit. If the purchase amount exceeds the voucher value, the difference may be paid using available payment methods.

§ 11 Data Protection

Detailed information on data processing and Customer rights is provided in the Seller’s Privacy Policy: Datenschutz

§ 12 Copyright

The Seller retains all copyright on images, videos, and texts published on the website and social media. Use without explicit permission is prohibited.

§ 13 Statutory Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal.

The right of withdrawal does not apply to custom-made artworks tailored to the Customer’s wishes.

The Seller will inform the Customer before beginning a commissioned piece that withdrawal is excluded. The Customer consents to this exclusion by placing the order.

Withdrawal Policy

Right of Withdrawal:
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 on which you or a third party named by you (other than the carrier) takes possession of the goods.

To exercise your right of withdrawal, you must inform us—Kunst mit Freude x Joy Dahlmann, Joy Dahlmann, Hammer Straße 17, 59269 Beckum, joy@kunst-mit-freude.com—by means of a clear declaration (e.g., a letter sent by post or an email).

You may use the attached sample withdrawal form, but it is not mandatory.

Effects of Withdrawal:
All statutory effects are translated exactly as in German; text remains unchanged for legal consistency.

(Full translated withdrawal instructions are included identically as in your German version.)

§ 14 Consumer Dispute Resolution

The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding CISG (UN Sales Law).
If the Customer is a consumer with residence in another country, mandatory laws of that country remain unaffected.

If the Customer is a merchant with residence in Germany, the exclusive place of jurisdiction is the Seller’s location. Otherwise, statutory jurisdiction rules apply.

Should any provision of this contract be invalid, the remainder remains unaffected. Legal provisions replace invalid terms unless this would cause unreasonable hardship.

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Terms and Conditions (AGB) – Freelance Activity: Kunst mit Freude x Joy Dahlmann

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General Terms and Conditions (AGB) for Sales via Website and Social Media

§ 1 Scope

These General Terms and Conditions (hereinafter: “GTC”) apply to all contracts for the sale of original artworks via the website or social media that are concluded between Joy Dahlmann, Hammer Straße 17, 59269 Beckum, Joy@kunst-mit-freude.com (hereinafter “Seller”) and the customers (hereinafter “Customer”). The version of the GTC valid at the time the contract is concluded shall be decisive.

Deviating terms and conditions of the customer are not accepted. This also applies if the Seller does not expressly object to their inclusion.

The GTC apply to both consumers pursuant to Section 13 of the German Civil Code (BGB) and entrepreneurs pursuant to Section 14 BGB.

A customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into the contract, acts in the exercise of their commercial or independent professional activity.

The customer agrees that, by purchasing an original artwork, this work may serve as a template for prints or for other products featuring the motifs of the Seller.

§ 2 Conclusion of Contract

The presentation of artworks on the website or on social media does not constitute a legally binding offer.

The Seller’s original artworks are only sold upon request and not via an online shop. Requests may be submitted via the contact form on the website, by email, or through social media such as Instagram.

The contract is concluded as soon as the customer submits a binding offer to acquire an artwork and this is confirmed in writing or by email by the Seller.

The contract is concluded in German.

§ 3 Delivery Conditions

The Seller is entitled to make partial deliveries, insofar as this is reasonable for the customer.

The indicated delivery times are calculated from the date of order confirmation, provided that payment has been made in advance. Unless otherwise stated, delivery time within Germany and the EU is approx. 7–30 working days; for deliveries outside the EU approx. 7–40 working days.

If the desired product is not available at the time of ordering, the Seller will refrain from accepting the order. No contract is concluded in this case.

Delays in delivery due to force majeure or other unforeseeable, extraordinary, and unintentional circumstances beyond the Seller’s control shall not be attributable to the Seller. This includes, but is not limited to: natural disasters, war, terrorist attacks, riots, labor disputes, pandemic-related restrictions, government interventions, disruptions in energy supply or transport routes.

In cases of force majeure or other unforeseeable events, the agreed delivery periods shall be extended by the duration of the disruption plus a reasonable restart period. The Seller will inform the customer immediately about the occurrence of such an event and the estimated duration of the delay. If delivery becomes permanently impossible due to force majeure or other unforeseeable events, both the customer and the Seller are entitled to withdraw from the contract. Payments already made will be refunded immediately. Further claims are excluded.

The Seller is not liable for delivery delays caused by incorrect or incomplete customer information. The Customer is obliged to provide all information required for delivery correctly and fully.

The following delivery restrictions apply: The Seller only delivers to customers whose habitual residence (billing address) is in one of the following countries and who can provide a delivery address in the same country: European Union, USA, Canada, Australia, New Zealand, United Arab Emirates, Kuwait, Switzerland, and the United Kingdom.

Orders for deliveries abroad can only be considered from a minimum order value. Customers can find the minimum order value in the price information provided in the online shop.

§ 4 Prices and Shipping Costs

Due to small business status under Section 19 of the German Value Added Tax Act (UStG), the Seller does not charge or display VAT.

Shipping costs are not included in the purchase price and will be invoiced separately.

If the Seller fulfills the order through partial deliveries, the customer will only incur shipping costs for the first partial delivery. If partial deliveries are made at the customer’s request, shipping costs will be charged for each partial delivery.

If customers validly withdraw their contract declaration, they may, under statutory conditions, request reimbursement of already paid shipping costs (outbound shipping).

Shipment is carried out via postal services. If the customer is a consumer, the Seller bears the shipping risk.

In the event of withdrawal, customers bear the direct costs of returning the goods.

§ 5 Payment Conditions

Invoices are sent to the customer by email.

Payment of the purchase price is due immediately upon conclusion of the contract. The Seller generally requires advance payment. Payments may be made by bank transfer or using the payment methods agreed upon.

If the due date for payment is determined by the calendar, customers are in default upon missing the deadline. In this case, they must pay default interest of 5 percentage points above the base interest rate per year if they placed the order as consumers, and 9 percentage points above the base interest rate per year if they placed the order as entrepreneurs.

The obligation to pay default interest does not exclude the assertion of further damages caused by delay.

§ 6 Import Duties, Customs, and Taxes

For deliveries outside Germany, import duties may apply. These may include customs fees, import VAT, import sales tax, and processing fees charged by customs authorities or shipping companies.

The customer bears sole responsibility for payment of all import duties. The Seller does not charge, reimburse, or assume any of these costs.

The customer is responsible for informing themselves about the import regulations, customs rules, and tax rates applicable in the destination country. The Seller is not liable for delivery delays or additional costs caused by the customer’s failure to comply with import regulations.

If the customer refuses acceptance of the delivery due to applicable import duties, the customer shall bear the cost of returning the goods to the Seller as well as any additional fees incurred.

The customer undertakes to provide all information and documentation necessary for customs clearance. The Seller is not responsible for delays or additional costs resulting from incomplete or incorrect customer information.

§ 7 Retention of Title

The delivered goods remain the property of the Seller until full payment of the purchase price has been made.

§ 8 Warranty

The Seller is liable for material or legal defects of delivered items in accordance with applicable statutory provisions. The limitation period for statutory warranty claims is two years from delivery of the goods. For customers who are entrepreneurs, the warranty period for goods delivered by the Seller is 12 months.

Due to varying lighting conditions and digital screen display, there may be differences between displayed images and actual prints. These deviations are technically unavoidable and do not constitute defects. The customer acknowledges that colors and details of the original works may be distorted by photography and screen representation.

Minor deviations in color, structure, or representation do not constitute a material defect but reflect the artistic signature and individual production. Such differences are characteristic of handmade creation and do not justify warranty claims.

Hand-painted picture frames are excluded from warranty claims insofar as deviations in surface and tint occur due to the manual painting process. These differences do not constitute defects but reflect individual craftsmanship. However, if a genuine defect exists that exceeds these characteristic variations, statutory warranty applies.

§ 9 Liability

Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, or health, from the violation of essential contractual obligations, or from liability for other damages based on intentional or grossly negligent breaches of duty by the Seller, her legal representatives, or agents.

In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract, provided such damage was caused by simple negligence.

The limitations set out in paragraphs (1) and (2) shall also apply in favor of the Seller's legal representatives and agents if claims are asserted directly against them.

The limitations of liability set out in paragraphs (1) and (2) do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the item. The same applies if the Seller and the customer have agreed on the condition of the item. Provisions of the Product Liability Act remain unaffected.

§ 10 Issuance and Redemption of Gift Vouchers

Gift vouchers can only be purchased upon individual request. A direct purchase via the online shop is not possible; vouchers are displayed as available there for information purposes only. Ordering occurs after direct contact via email or the contact form. After confirming the request, the customer receives payment instructions. The voucher is issued and sent only after receipt of payment.

These are physical voucher cards sent by mail. Electronic delivery (e.g., email, PDF, or download link) is not available. Vouchers can only be redeemed for the area indicated on the voucher:

Original artworks, commissioned works and art prints

Workshops, creative projects and products featuring art motifs

An exchange between the two areas is not permitted.

Vouchers are valid for three years from the date of issue (§ 195 BGB). Statutory limitation rules apply.

The voucher is transferable, but can only be redeemed once. A cash payout or interest on the voucher amount is excluded.

The voucher is shipped by mail via DHL, Hermes, or an equivalent shipping service. Within Germany, shipping time is approx. 5–7 working days after payment. Within the EU and internationally, shipping times and costs vary by country and shipping method; specific costs are provided individually before the contract is concluded.

Postage and shipping costs depend on the recipient country and are charged separately.

Returns, refunds, or subsequent changes to the voucher amount are excluded. In case of writing or printing errors on the voucher, the Seller must be informed immediately so that corrections can be made.

The voucher may only be used for products and services offered in the respective area. When redeemed, the voucher amount is credited toward the invoice. If the voucher exceeds the invoice amount, the remaining balance remains valid and may be redeemed within the validity period. If the voucher amount is insufficient, the difference can be paid using the payment methods offered in the shop.

§ 11 Data Protection

Detailed information on data protection, in particular regarding the scope of processing your data and your statutory rights, can be found in the Seller’s privacy policy under: Datenschutz.

§ 12 Copyright

The Seller holds the copyright to all images, videos, and texts published on the website and social media. Use of these images, videos, and texts is not permitted without the express consent of the Seller.

§ 13 Statutory Right of Withdrawal for Consumers

Consumers generally have a statutory right to withdraw from the contract.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. This particularly applies to individually created works based on the customer’s specifications.

The Seller will explicitly inform the customer before starting the creation of an individual work that the right of withdrawal is excluded for this order. By commissioning the individual creation, the customer agrees to the exclusion of the right of withdrawal.

Withdrawal Policy

Right of Withdrawal

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 on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Kunst mit Freude x Joy Dahlmann, Joy Dahlmann, Hammer Straße 17, 59269 Beckum, joy@kunst-mit-freude.com, by means of a clear statement (e.g., a letter sent by mail or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we shall refund all payments we have received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive your notice of withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this refund. We may refuse the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods that results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods that are not prefabricated and for whose production an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Contracts for the supply of goods that may spoil quickly or whose expiry date would soon be exceeded.

Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

Contracts for the supply of goods which, due to their nature, are inseparably mixed with other items after delivery.

Contracts for the supply of alcoholic beverages, whose price was agreed upon at the time of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract, and whose current value depends on market fluctuations beyond the entrepreneur’s control.

Contracts for the supply of audio or video recordings or computer software in sealed packaging, if the seal was removed after delivery.

Contracts for the supply of newspapers, magazines, or periodicals, except subscription contracts.

Contracts for the supply of goods whose price depends on fluctuations in the financial market beyond the entrepreneur's control that may occur during the withdrawal period.

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To Kunst mit Freude x Joy Dahlmann, Joy Dahlmann, Hammer Straße 17, 59269 Beckum, joy@kunst-mit-freude.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 consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for notification on paper)

– Date

(*) Delete as applicable.

§ 14 Consumer Dispute Resolution

The Seller is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If customers placed the order as consumers and have their habitual residence in another country at the time of the order, the mandatory legal provisions of that country remain unaffected by this choice of law.

If customers are merchants and have their place of business in Germany at the time of the order, the exclusive place of jurisdiction shall be the Seller’s place of business. Otherwise, the applicable statutory rules on jurisdiction shall apply.

The contract remains binding in its remaining parts even if individual provisions are legally invalid. In place of the invalid provisions, the statutory regulations shall apply. If this would result in unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.