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

§ 1 Scope

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

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

3. The GTC apply to both consumers as per § 13 BGB (German Civil Code) and entrepreneurs as per § 14 BGB.

4. 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. An entrepreneur, on the other hand, is any natural or legal person or legal partnership who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

5. By purchasing an original artwork, the Customer agrees that this work may serve as a print template or for other products featuring the Seller's motifs.

§ 2 Conclusion of Contract

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

2. The Seller's original artworks are sold by inquiry only and not through an online shop. Inquiries can be made via the contact form on the website, by email, or through social media such as Instagram.

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

4. The contract is concluded in German.

§ 3 Delivery Conditions

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

2. Stated delivery times are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. Unless a different delivery time is specified, it is approx. 7-30 working days for deliveries within Germany and the EU, and approx. 7-40 working days for deliveries outside the EU.

3. If the product desired by the Customer is not available at the time of order, the Seller will refrain from issuing an acceptance declaration. In this case, no contract will be concluded.

4. The Seller is not responsible for delays in delivery due to force majeure or other unforeseeable, extraordinary and unavoidable circumstances beyond the Seller's control. This includes, but is not limited to: natural disasters, war, terrorist attacks, uprisings, labor disputes, pandemic-related restrictions, government measures, disruptions in energy supply or transport routes.

5. In cases of force majeure or other unforeseeable events, the agreed delivery periods shall be extended by the duration of the hindrance plus a reasonable start-up period. The Seller will immediately inform the Customer about the occurrence of such an event and the estimated duration of the delay. Should delivery become permanently impossible due to force majeure or other unforeseeable events, both the Customer and the Seller are entitled to withdraw from the contract. Any services already rendered will be refunded immediately in this case. Further claims are excluded.

6. The Seller is not liable for delivery delays caused by incorrect or incomplete information provided by the Customer. The Customer is obliged to provide the information required for delivery correctly and completely.

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

8. 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.[CR1]

§ 4 Prices and Shipping Costs

1. All prices are final prices and include the statutory VAT or are shown separately on the invoice.

2. Shipping costs are not included in the purchase price and will be charged to the Customer separately.

3. 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.

4. If customers effectively revoke their contractual declaration, they may, under the statutory conditions, demand reimbursement of shipping costs already paid to them (outbound shipping costs).

5. The goods are shipped by postal service. If the customers are consumers, the Seller bears the shipping risk.

6. In the event of a cancellation of the purchase, customers shall bear the direct costs of returning the goods.

§ 5 Payment Conditions

1. Invoices will be sent to the customer by email.

2. The payment of the purchase price is due immediately upon conclusion of the contract. The Seller generally requires advance payment. Payments can be made by bank transfer or by payment methods agreed upon in the order.

3. If the due date for payment is determined by the calendar, customers will be in default by missing the deadline. In this case, they shall pay default interest at a rate of 5 percentage points above the base rate if they placed the order as a consumer, and at a rate of 9 percentage points above the base rate if they placed the order as an entrepreneur.

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

§ 6 Import Duties, Customs, and Taxes

1. For deliveries outside of Germany, import duties may apply. These import duties include, among other things, customs fees, import sales tax, import VAT, and processing fees of the customs authorities or the shipping service provider.

2. The customer bears sole responsibility for the payment of all import duties. The seller does not collect, refund, or cover any of these costs.

3. The customer is solely responsible for informing themselves about the import regulations, customs regulations, and tax rates applicable in the country of destination. The seller is not liable for any delays in delivery or additional costs arising from the customer's failure to comply with import regulations.

4. Should the customer refuse to accept the delivery due to accrued import duties, the customer shall bear the costs for returning the goods to the seller as well as any other incurred costs.

5. The customer undertakes to provide all necessary information and documents required for customs clearance. The seller is not responsible for delays or additional costs arising from incomplete or incorrect information provided by the customer.

§ 7 Retention of Title

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

§ 8 Warranty

1. The Seller is liable for material defects or defects of title of delivered items according to the applicable legal provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If the customers are entrepreneurs, the warranty period for goods supplied by the Seller is 12 months.

2. Due to different lighting conditions and display on digital screens, there may be discrepancies between the displayed images and the actual prints. These discrepancies are technically conditioned and do not constitute a defect of the goods. The Customer acknowledges that colors and details of the original works may be distorted by photography and screen display.

3. Slight deviations in color, structure or representation do not constitute a material defect, but are an expression of artistic signature and individual production. These differences are characteristic of handcrafted production and do not justify claims for material defects.

4. Hand-painted picture frames are excluded from claims for material defects if deviations in surface and color occur due to the artisanal painting. These differences do not constitute a defect, but are characteristic of individual production and an expression of artistic craftsmanship. However, if there is an actual defect that goes beyond these characteristic deviations, the liability for material defects remains unaffected within the legal scope.

§ 9 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents.

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

3. The limitations of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

4. The limitations of liability resulting from paragraphs (1) and (2) do not apply insofar as the Seller has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies insofar as the Seller and the Customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 10 Issuance and Redemption of Vouchers

1. Vouchers can only be purchased upon individual request. Direct purchase via the online shop is not possible; vouchers are merely displayed there as available. Orders are placed after personal contact via email or the contact form. Upon confirmation of the request, the customer receives payment information. Only upon receipt of payment will the voucher be created and sent.

2. These are physical gift cards that are sent by post. Electronic transmission (e.g., via email, PDF, or download link) does not occur. Vouchers can only be redeemed for the area specified on the voucher:

   1. Original artworks, commissioned works, and art prints

   2. Workshops, creative projects, and products with art motifs

3. Mutual offsetting between the two areas is excluded.

4. Vouchers are valid for three years from the date of issue (§ 195 BGB). The statutory limitation periods apply.

5. The voucher is transferable but can only be redeemed once. Cash payment or interest on the voucher amount is excluded.

6. The voucher will be sent by post via DHL, Hermes, or an equivalent shipping service. Within Germany, the shipping time is approximately 5–7 working days after receipt of payment. For deliveries within the EU and internationally, shipping time and shipping costs vary depending on the country and shipping method; the specific costs will be individually communicated to the customer before the contract is concluded.

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

8. Returns, refunds, or subsequent changes to the voucher amount are excluded. In the event of spelling or printing errors on the voucher, the seller must be informed immediately to make a correction.

9. The voucher can only be redeemed for products and services offered in the respective area. When redeemed, the voucher value is credited against the invoice amount. If the voucher value exceeds the invoice amount, the remaining amount remains as credit and can be redeemed again within the validity period. If the voucher value is insufficient, the difference can be paid using the payment methods offered in the shop.

§ 11 Data Protection

Detailed information on data protection, especially on the scope of data processing and your legal rights, can be found in the Seller's privacy policy at: Datenschutz

§ 12 Copyright

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

§ 13 Statutory Right of Withdrawal for Consumers

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

2. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This particularly applies to works custom-made for the customer according to their specific requirements.

3. Before starting the production of an individual work, the Seller will explicitly inform the Customer that the right of withdrawal is excluded for this order. By commissioning the individual production, the Customer agrees to the exclusion of the right of withdrawal.

Instructions on Withdrawal

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, who is not the carrier, has 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 in 59269 Beckum, joy@kunst-mit-freude.com, 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, but this 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 shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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

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

• Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.

• Contracts for the supply of sealed goods that 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 if, after delivery, they have been inseparably mixed with other goods due to their nature.

• Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

• Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

• Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

• Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within 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 in 59269 Beckum, joy@kunst-mit-freude.com:

– I/We (*) hereby revoke 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)

– Signature of the consumer(s) (only for communication on paper)

– Date

(*) Delete as appropriate.

§ 14 Dispute resolution for consumers

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

§ 15 Applicable law and place of jurisdiction

1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If customers have placed the order as consumers and have their habitual residence in another country at the time of their order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

2. If customers are merchants and have their registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions for local and international jurisdiction shall apply.

3. Even if individual points are legally ineffective, the remaining parts of the contract shall remain binding. In place of the ineffective points, the statutory provisions shall apply, if available. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become ineffective as a whole.

 

 

GTC – Commercial activity: KMF x Joy Studio

General Terms and Conditions (GTC) for the sale of goods

§ 1 Scope of application

1. These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via the online shop between KMF x Joy Studio, Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, info@joydahlmann.de [CR1] (hereinafter "Seller") and the customers (hereinafter "Customer"). The version of the GTC valid at the time of the conclusion of the contract is decisive.

2. Deviating conditions of the customer are not accepted. This also applies if the seller does not expressly object to their inclusion.

3. The GTC apply to both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.

4. A customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

5. The online shop offers prints of the seller's original works. These prints may be available in various formats and finishes, including limited and hand-signed editions as well as plain prints without signature. The limited and hand-signed editions are usually only available in limited quantities and are individually numbered and signed. The prints are only sent to print after the customer has placed an order, in order to ensure high quality and freshness of the print.

6. In addition to prints of original works, the online shop also offers products with the seller's art motifs ("Merch"). These products may include a variety of items, such as clothing, accessories, household goods and other items.

7. The seller reserves the right to expand or change the range of available goods and merch products at any time. The customer will be informed about such changes in the online shop.

§ 2 Conclusion of contract

1. The presentation and advertising of items in the online shop do not constitute a binding offer to conclude a purchase contract.

2. Customers can select products from the assortment, in particular items with art motifs by Joy Dahlmann such as prints of original works or other products [CR2], and collect them in a so-called shopping cart by clicking the "add to cart [CR3]" button. By clicking the "order with obligation to pay [CR4]" button, customers submit a binding request to purchase the goods in the shopping cart. Before submitting the order, they can change and view the data at any time. However, the request can only be submitted and transmitted if they have accepted these terms and conditions by clicking the "accept GTC [CR5]" button and have thereby included them in their request.

3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the order is listed again and which they can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded upon the seller's declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by the seller on a permanent data carrier (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

4. The contract is concluded in German.

§ 3 Delivery conditions

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

2. Stated delivery times are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. Unless no or no different delivery time is specified for the respective goods in the online shop, it is approx. 7-30 working days for deliveries within Germany and the EU, and approx. 7-40 working days for deliveries outside the EU.

3. If no copies of the product selected by the customer are available at the time of the order, the seller will inform them immediately in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. In this case, a contract is not concluded.

4. If the product designated by the customer in the order is only temporarily unavailable, the seller will also inform them immediately in the order confirmation.

5. The seller is not responsible for delays in delivery due to force majeure or other unforeseeable, extraordinary and unavoidable circumstances beyond the seller's control. This includes, but is not limited to: natural disasters (e.g., earthquakes, floods, storms), war, terrorist attacks, uprisings or similar political unrest, labor disputes (e.g., strikes, lockouts), pandemic-related restrictions, government measures or official orders, disruptions in energy supply or transport routes.

6. In cases of force majeure or other unforeseeable events, the agreed delivery periods shall be extended by the duration of the hindrance plus a reasonable start-up period. The seller will inform the customer immediately about the occurrence of such an event and the expected duration of the delay. Should delivery become permanently impossible due to force majeure or other unforeseeable events, both the customer and the seller are entitled to withdraw from the contract. Any services already rendered will be reimbursed immediately in this case. Further claims, in particular claims for damages, are excluded.

7. The seller is not liable for delivery delays caused by incorrect or incomplete information provided by the customer. The customer is obliged to provide the information required for delivery correctly and completely.

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

9. 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. [CR6]

§ 4 Prices and shipping costs

1. All prices are final prices and include the statutory sales tax or will be displayed at checkout.

2. Prices are exclusive of applicable shipping costs. The price, including sales tax and applicable shipping costs if applicable, will also be displayed in the order mask before customers submit the order.

3. If the seller fulfills the order by partial deliveries, the customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the customer's request, shipping costs will be charged for each partial delivery.

4. If customers effectively revoke their declaration of contract, they can demand reimbursement of already paid costs for shipping to them (outbound shipping costs) under the statutory conditions.

5. Goods are shipped by post. If the customers are consumers, the seller bears the shipping risk.

6. In the event of a revocation of the purchase, customers must bear the direct costs of returning the goods.

§ 5 Payment conditions

1. Customers can pay in the online shop by prepayment via PayPal or Wix Payments.

2. Customers can change the payment method stored in their user account at any time.

3. The purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, customers are already in default by failing to meet the deadline. In this case, they must pay default interest of 5 percentage points above the base rate for the year if they placed the order as a consumer, and 9 percentage points above the base rate if they placed the order as an entrepreneur.

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

§ 6 Import duties, customs duties and taxes

1. Import duties may apply to deliveries outside Germany. These import duties include, among others, customs duties, import sales tax, import VAT and processing fees of the customs authorities or the shipping service provider.

2. The customer bears sole responsibility for the payment of all import duties. The seller does not levy, reimburse or assume any of these costs. All applicable import duties are to be paid directly by the customer to the competent customs or tax authorities.

3. The customer is solely responsible for informing himself about the import regulations, customs regulations and tax rates applicable in the country of destination. The seller is not liable for any delays in delivery or additional costs arising from the customer's failure to comply with import regulations.

4. Should the customer refuse to accept delivery due to applicable import duties, the customer shall bear the costs of returning the goods to the seller as well as any other costs incurred.

5. The customer undertakes to provide all necessary information and documents required for customs clearance. The seller is not responsible for delays or additional costs arising from incomplete or incorrect information provided by the customer.

§ 7 Retention of title

The delivered goods remain the property of the seller until full payment of the purchase price.

§ 8 Warranty

1. The seller is liable for material defects or defects in title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If the customers are entrepreneurs, the warranty period for goods delivered by the seller is 12 months.

2. Any seller's guarantees given by the seller for certain items or manufacturer's guarantees granted by the manufacturers of certain items shall be in addition to the claims for material defects or defects in title within the meaning of paragraph (1). Details of the scope of such guarantees can be found in the guarantee conditions that may be enclosed with the items.

3. Due to different lighting conditions and display on digital screens, there may be discrepancies between the images shown in the online shop and the actual prints. These discrepancies are technically unavoidable and do not constitute a defect in the goods. The customer acknowledges that the colors and details of the original works may be distorted by photography and screen display.

4. Minor deviations in color, texture, or representation do not constitute a material defect, but are an expression of artistic handwriting and individual production. These differences are characteristic of handcrafted production and do not justify claims for material defect liability.

5. Hand-painted picture frames are excluded from claims for material defects if deviations in surface and color occur due to the handcrafted painting. These differences do not constitute a defect, but are characteristic of individual production and an expression of artistic craftsmanship. However, if there is an actual defect that goes beyond these characteristic deviations, liability for material defects remains unaffected to the extent provided by law.

§ 9 Liability

1. Customer claims for damages are excluded. This does not apply to customer claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, their legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

2. In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns customer claims for damages arising from injury to life, body or health.

3. The limitations of paragraphs (1) and (2) also apply in favor of the seller's legal representatives and vicarious agents if claims are made directly against them.

4. The limitations of liability resulting from paragraphs (1) and (2) do not apply insofar as the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies insofar as the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 10 Data Protection

Detailed information on data protection with us, in particular on the scope of data processing and their legal rights, can be found in the seller's data protection policy at: Data Protection

§ 11 Copyrights

The seller holds copyrights to all images, films, and texts published in the online shop. Use of the images, films, and texts is not permitted without the express consent of the seller.

§ 12 Statutory Right of Withdrawal for Consumers

Instructions on Withdrawal

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, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, info@joydahlmann.de [CR8] by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient for you to 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 shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw 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; in no case will you be charged 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 undue delay and in any event 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 fourteen-day period. 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 is not necessary for checking their condition, properties and functionality.

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

• Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

• Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly 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 if these have been inseparably mixed with other goods after delivery due to their nature.

• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

• Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

• Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period.

Model withdrawal form:

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

To KMF x Joy Studio, Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, info@joydahlmann.de [CR9] :

– 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 appropriate.

§ 13 Dispute Resolution for Consumers

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

§ 14 Applicable Law and Place of Jurisdiction

1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If customers have placed the order as a consumer and have their habitual residence in another country at the time of their order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

2. If customers are merchants and have their registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office. In other respects, the applicable statutory provisions apply to local and international jurisdiction.

3. Even if individual points are legally ineffective, the contract remains binding in its remaining parts. The statutory provisions, where applicable, shall replace the ineffective points. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

 

General Terms and Conditions (GTC) for Workshops

§ 1 Scope of Application

1. The General Terms and Conditions accepted by both contracting parties regulate the business relationship between Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, joy@kunst-mit-freude.com, hereinafter referred to as "Provider," and the customer, hereinafter referred to as "Customer," as a service contract within the meaning of §§ 611 ff. BGB, unless otherwise agreed in writing between the contracting parties.

2. The Provider offers various art workshops in the field of painting techniques for booking. These are live workshops in person and/or online workshops. These are hereinafter collectively referred to as "Workshops," unless specifically designated otherwise.

3. These General Terms and Conditions apply to both companies in accordance with § 14 BGB and consumers in accordance with § 13 BGB.

4. Only the provisions in the respective contract and these General Terms and Conditions apply. Deviating conditions of the customer are not accepted. This also applies if the provider does not expressly object to their inclusion.

§ 2 Scope of Services of the Workshops

1. The Provider offers art workshops with a limited number of participants. These workshops teach various painting techniques. The workshops primarily take place in person at the Provider's studio, but online courses or hybrid formats may also be offered. The exact details of the location, time, and format of each workshop will be announced during the booking process.

2. In addition, the Provider also offers private workshops and events such as weddings, where the Provider travels to the customers and teaches painting techniques or paints on-site.

3. The workshops are generally designed as closed events, usually lasting 2.5 hours. However, the duration may vary depending on the specific planning of the workshop.

4. The Provider reserves the right to change or adjust the scope of services of the workshops at any time to meet the needs and wishes of the customers as well as the given organizational possibilities. Changes will be communicated to customers in a timely manner.

5. The Provider endeavors to conduct the workshops with the best possible quality and to offer customers a valuable and inspiring experience. However, there is no claim to the imparting of specific content or techniques, unless these have been expressly assured in the workshop description.

§ 3 Conclusion of Contract

1. The customer books an appointment to participate in a workshop. A booking can be made in person, by email, or via the provider's website. [CR1] The customer's booking is binding.

2. In any case, the contract is only concluded when the provider confirms the customer's booking. With the booking confirmation or in a separate email, the contract text (consisting of the booking, GTC and booking confirmation) will be sent to the customer by the provider on a permanent data carrier (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.

3. The presentation and promotion of services on the provider's websites or brochures or within advertisements do not constitute a binding offer to conclude a contract.

4. The provider is entitled to refuse a contract without giving reasons if the necessary relationship of trust cannot be expected or if the provider cannot or may not provide services due to their specialization or for legal reasons. In this case, the provider's fee claim for services rendered until the rejection of the workshop remains.

§ 4 Content and Execution of the Workshops

1. The workshops are aimed at providing an agreed service (service contract) and not at achieving a specific result (not a contract for work). The commissioned services are deemed to have been rendered when the workshop has taken place. A subjectively expected success of the customer is not promised or guaranteed.

2. The customer undertakes, in their own interest, to provide all relevant information truthfully and completely and to actively participate in the workshops.

3. The workshops provide general advice/guidance on the aforementioned areas. The provider renders its service to the customer by applying its knowledge and skills in the aforementioned areas.

4. All documents of the provider are protected by copyright. This applies to content on the provider's website, lectures, presentations, scripts and other documents. The customer is not entitled to reproduce, distribute or publicly reproduce such documents. The customer is also not entitled to make image, film or sound recordings of the workshops without the express permission of the provider. The customer undertakes to use the information materials, reports and analyses prepared by the provider within the framework of the workshop only for their own purposes. They receive a non-exclusive and non-transferable right of use thereto. The parties are free to make deviating agreements.

5. The provider will ask the customer whether the workshops can be recorded for internal purposes only. The customer is free to give or refuse their consent.

6. The workshops are based on cooperation and mutual trust. The customer is not obliged to implement the recommendations given.

7. The provider may use subcontractors to any extent for the provision of services, unless otherwise agreed between the parties.

8. The provider is entitled to cancel the workshop if an impediment occurs for the provider or a third-party service provider engaged by them, e.g., due to riots, strikes, lockouts, natural disasters, bad weather, traffic obstructions, epidemics, pandemics, or illness, which prevents the provider or the third party from holding the workshop on the agreed date without their own fault. In this case, there is no claim for damages for the customer.

9. In the event of cancellation by the provider, the provider will offer the customer an alternative date. If no agreement can be reached on an alternative date, the already paid fee will be refunded to the customer. The refund only includes the amount actually received by the provider, i.e., minus the costs and fees incurred for the payment method chosen by the customer.

10. The depiction and description of the workshops and any location on the provider's website are for illustrative purposes only and are approximate. No guarantee is given for full compliance.

11. The provider is entitled to make adjustments to the content or the process of the workshops for professional reasons, for example, if there is a need for an update or further development of the content, provided that this does not result in a significant change to the content and the change is reasonable for the customer.

12. The provider is entitled to change the location and time of the announced workshop, provided that the change is communicated to the customer in good time and is reasonable for them.

13. The customer is responsible for providing a correct email address and regularly checking their emails.

14. The customer is obliged to transmit all materials, documents, links, access details, images and other necessary details for the workshop to the provider.

§ 5 Payment

1. Payment is due immediately upon conclusion of the contract, using the payment methods specified in the invoice or on the website, without deduction.

2. Unless otherwise agreed, the customer is only entitled to receive the services on the agreed date if payment has been made in advance.

3. In the event of payment default by the customer, the provider is entitled to charge reminder fees and default interest at the legally permissible rate.

4. Due to its small business status in accordance with § 19 UStG, the seller does not charge sales tax and therefore does not show it.

§ 6 Term and Cancellation

1. The duration of a workshop is limited to the length of the individual event, as indicated in the workshop description. As a rule, a workshop lasts 2.5 hours, but this can vary depending on the specific planning of the workshop. This is a one-off event with no ongoing obligations.

2. A participant may cancel their contract for participation in a workshop up to 14 days before the start of the workshop. The cancellation must be made in writing by email or post to the provider. In this case, the participant will receive a full refund of the participation fee.

3. In the event of a cancellation by the customer less than 14 days before the start of the workshop, a cancellation fee of 50%[CR2] of the participation fee will be charged. If the cancellation occurs within 7 days before the start of the workshop, the full participation fee will be due and no refund will be issued, unless the customer provides a substitute participant.

4. The provider reserves the right to cancel a workshop for important reasons, such as illness of the workshop leader, force majeure, or insufficient number of participants. In this case, the participation fee will be fully refunded. Further claims by the participant, in particular claims for damages, are excluded, unless the provider is guilty of intent or gross negligence.

5. The provider is entitled to exclude participants who significantly disrupt the workshop or violate the general rules of conduct, after prior warning. In this case, no refund of the participation fee will be made.

6. In the event of absence without cancellation or only partial participation in a booked appointment, there is no, or no pro-rata, claim to a refund of the agreed fee for the appointment.

7. The cancellation of a contract for participation in a workshop conducted as an online course or in a hybrid format is subject to the same rules as in-person workshops, unless expressly agreed otherwise.

8. All cancellations and declarations of withdrawal must be in writing and addressed to the address of the provider given in the imprint. Timely dispatch of the cancellation declaration is sufficient to meet the deadline.

§ 7 Warranty

1. The provider endeavors to carry out all activities with the greatest care and in compliance with recognized knowledge and principles. All recommendations and analyses are made to the best of their knowledge and belief.

2. The provider does not guarantee the effectiveness of their recommendations. The success of the workshop is largely outside their sphere of influence and depends significantly on the customer's cooperation, which is why it cannot be guaranteed.

3. Despite the greatest care, no guarantee can be given for the correctness and completeness of the information.

§ 8 Liability

1. The provider is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.

2. In other cases, unless otherwise stipulated in paragraph (3), the provider shall only be liable for the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the customer may regularly rely (so-called cardinal obligation), and then limited to compensation for foreseeable and typical damage. In all other cases, liability is excluded, subject to the regulation in paragraph (3).

3. Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

4. In the event of data loss, the provider shall only be liable for such damage that would have occurred even if the customer had properly and regularly backed up data in a manner appropriate to the risk.

5. The provider assumes no liability for the achievement of specific goals or results. The success of the workshop depends largely on the active participation and implementation by the customer.

6. Unless expressly agreed otherwise, claims of the customer arising from warranty and damages, with the exception of claims arising from tort, shall become time-barred within the statutory limitation period.

§ 9 Data Protection

1. The customer expressly agrees to the electronic processing of their personal data within the framework of the following regulations. Customer data will be treated with absolute confidentiality. The customer's communicated data will be used exclusively for the professional execution of the service. Data will only be passed on to third parties with the customer's consent.

2. The provider's separate data protection regulations apply, available at the following link: Datenschutz

§ 10 Statutory Right of Withdrawal for Consumers

Right of Withdrawal Information

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, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, joy@kunst-mit-freude.com, [CR4] 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 model withdrawal form, but this is not mandatory.

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

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. 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 is not necessary for checking their condition, properties and functionality.

If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Model withdrawal form:

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

To Joy Dahlmann, Hammer Straße 17 in 59269 Beckum, joy@kunst-mit-freude.com:

– I/We (*) hereby revoke 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)

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

– Date

(*) Delete as appropriate.

 

§ 11 Dispute Resolution

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

§ 12 Final Provisions

1. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the General Terms and Conditions as a whole shall not be affected. The invalid or void provision shall rather be replaced by a provision that, in a free interpretation, comes closest to the purpose of the contract or the will of the parties.

2. The law of the Federal Republic of Germany applies. The contract language is German.

3. Amendments and additions to the General Terms and Conditions or the contract must be in writing to be effective. There are no verbal ancillary agreements.

4. If the customer is a merchant or a company, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the provider. Otherwise, the statutory regulations apply.