Person responsible
Yo Rühmer
freelance illustrator and plein air painter
Studio c/o:
Hartmann-ibach Straße 80
60389 Frankfurt
Germany
Contact:
Phone: 069 95633557
Email: mail(at)yoruehmer.de
VAT-ID:DE163745266
Imprint:
https://yoruehmer.de/impressum
General Terms and Conditions for the Sale of Original Oil Paintings
1. scope of application
These General Terms and Conditions apply to all contracts for the sale of my original oil paintings, which I conclude as an independent artist with consumers and entrepreneurs via means of distance communication such as website, Instagram or e-mail. With the purchase you accept these terms and conditions.
2. subject matter of the contract and nature of the works of art
(1) I offer handmade original oil paintings for sale.
(2) Each work on offer is a unique one-off, the result of individual artistic work.
(3) Presentation and characteristics of the works of art
a) Images
The photographs shown in the store are for illustrative purposes only. They can only approximate the original.
b) Color display on screens
The display of colors may vary depending on the monitor, screen brightness or device settings. Deviations between the screen display and the original work are possible.
c) Handmade nature of the artwork
My artworks are created entirely by hand, almost always outdoors. This can result in small irregularities, such as traces of sand, pollen or dust in oil paint that is still wet, as well as slight scratches or marks caused by transportation. Minor deviations in structure, color or surface effect are also possible.
These characteristics are in accordance with the contract, emphasize the individual character of the work of art and do not constitute a material defect.
3. conclusion of contract
The presentation of my work is for information purposes only and does not constitute a binding offer.
A purchase contract is concluded as soon as I confirm the purchase by e-mail, issue an invoice or the payment is deemed to have been successfully accepted by me via a payment service provider offered in the order process.
4. prices and sales tax
All prices are in euros and include statutory VAT plus any shipping costs incurred. The price agreed at the time the contract is concluded shall apply.
5.Payment
The purchase price is due upon conclusion of the contract, unless otherwise agreed.
If payment is made via a payment service provider offered in the order process (e.g. PayPal or Stripe), the purchase price will be collected directly as part of the order process. If a payment service provider (e.g. PayPal or Stripe) is selected, payment is processed via the respective provider. Their terms of use and data protection conditions also apply. The purchase contract is concluded exclusively between me and the buyer; the payment service providers do not become contractual partners of the purchase contract.
In the case of payment by invoice or bank transfer, the invoice amount is due without deduction after invoicing. I will carefully prepare the artwork for dispatch or handover only after full payment has been received.
6. reservation of title
The artwork remains my property until full payment has been made.
7. shipping and delivery
(1) The shipment will be made to the delivery address you specify. I will inform you of the delivery time individually.
(2) In the case of consumers, I bear the shipping risk until the artwork is handed over.
(3) I pack my works of art carefully and securely for transportation. However, should there be any obvious transport damage, please inform me as soon as possible after receipt.
To facilitate clarification, it may be helpful to provide photos of the damaged packaging and the artwork; however, you are not obliged to do so. Your statutory rights naturally remain unaffected.
8. right of withdrawal for consumers
Cancellation policy
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you received the artwork.
Exercising your right of withdrawal
To exercise your right of withdrawal, you must inform me of your decision to withdraw from this contract by an unequivocal statement (e.g. by e-mail to yomalt@yoruehmer.de). You may use the model withdrawal form , but it is not obligatory.
Consequences of revocation
- I will refund all payments that I have received from you, including the delivery costs for the standard delivery, immediately, at the latest within 14 days from the day on which I received the notification of your revocation.
- For the refund, I will use the same means of payment that you used for the original transaction, unless you have agreed otherwise.
- I may refuse repayment until I have received the artwork back or you have provided proof that you have returned the artwork, whichever is the earlier.
Return costs
- You shall bear the direct costs of returning the work of art only within the scope of the statutory provisions.
- You only have to pay for any loss in value of the work of art if this is due to handling that goes beyond checking the condition, properties and functionality.
Consumer notice This right of withdrawal applies exclusively to consumers within the meaning of § 13 BGB.
9. warranty
The statutory warranty rights apply.
10. liability
I am liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, limb or health. In the event of a slightly negligent breach of material contractual obligations, my liability shall be limited to the foreseeable damage typical of the contract. Otherwise, liability is excluded to the extent permitted by law.
11 Copyright and rights of use
All artworks created by me are subject to copyright.
When you purchase a work of art, you acquire ownership of the original only. Rights of use or exploitation are not transferred. Duplication, distribution, public reproduction or other use – in particular for commercial purposes – is not permitted without my prior written consent. Private use, for example by taking photographs for personal purposes, remains unaffected. I reserve the right to use images of the artworks sold for self-promotion purposes (website, social media, portfolios, exhibitions, publications). Legitimate interests of the buyer will be taken into account.
12. data protection
In addition, my separate privacy policy applies.
For contract processing, I process your billing address and your e-mail address exclusively for the purpose of carrying out the sale, invoicing and dispatch processing. Your data will only be passed on to shipping service providers or due to legal obligations. I do not send automated newsletters. Occasional information to existing customers can be canceled at any time.
You can request information, correction or deletion of your data at any time, provided that there are no legal storage obligations to the contrary.
Contact: yomalt@yoruehmer.de
13. final provisions
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.
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Alternative dispute resolution
I am neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.