General Terms and Conditions (GTC)

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all contracts concluded through our online shop between Isa’s Mob Art [Isabeau Schmikowski, Am Königsforst 1, 52388 Nörvenich, Germany, +49 176 45887236, kontakt@isasmobart.com] (hereinafter referred to as the "Seller" or "we") and you as our customer (hereinafter referred to as the "Customer" or "you").

These GTC apply regardless of whether you are a consumer, an entrepreneur, or a merchant. The version of the GTC valid at the time the contract is concluded shall apply.

(2) We do not accept any terms and conditions that deviate from these GTC, even if we do not expressly object to their inclusion.

(3) A Customer is considered a consumer if the purpose of the ordered goods or services cannot be primarily attributed to their commercial or independent professional activities.

An entrepreneur is any natural or legal person or partnership with legal capacity acting in the course of their commercial or independent professional activities when concluding the contract.

(4) Different purchasing options are available depending on the artwork.

Selected original artworks can be ordered directly through our online shop. Other artworks are available exclusively upon personal inquiry. The available purchasing option is indicated on the respective product page.

These GTC also apply to sales of original artworks initiated through individual inquiries by email or contact form and subsequently concluded.

(5) In addition to the regular goods offered in our online shop, we also offer products made according to individual customer specifications, particularly commissioned paintings.

Such commissions are governed by separate agreements concluded between us and the Customer. These agreements contain specific provisions regarding individual requirements, prices, delivery times, and other contractual conditions.

These GTC generally also apply to commissioned artwork agreements, insofar as they are applicable and the separate agreements do not contain provisions to the contrary.

(6) Our website also provides access to an external shop operated by Fine Art America.

The print-on-demand products offered there are ordered through the external sales platform. These GTC do not apply to orders processed through that external shop.

The contractual terms and information about the contracting party provided during the respective external ordering process shall apply.

§ 2 Conclusion of the Contract

(1) The presentation of original artworks on our website is for informational purposes only and does not constitute a legally binding offer to conclude a purchase contract.

Depending on their designation, artworks may either be purchased directly through our online shop or requested through a personal inquiry.

(2) For artworks available exclusively upon inquiry, interested customers may submit a non-binding purchase inquiry via the contact form or by email.

Following individual agreement on the essential contractual terms, particularly the purchase price, payment arrangements, and, where applicable, shipping costs and delivery time, we will provide a binding offer of sale.

The purchase contract is concluded when the Customer accepts this offer within the agreed period, for example by confirming acceptance by email.

(3) You may select products from our range, particularly original paintings, and collect them in a virtual shopping cart by clicking the "Add to Cart" button.

By clicking the "Place Order with Obligation to Pay" button, you submit a binding offer to purchase the goods contained in your shopping cart.

Before submitting your order, you may review and modify your details at any time.

Your order can only be submitted once you have accepted these contractual terms by clicking the "Accept Terms and Conditions" button, thereby incorporating them into your purchase offer.

(4) We will then send you an automatic acknowledgment of receipt by email, listing the details of your order. You may print this acknowledgment using the "Print" function.

This automatic acknowledgment merely confirms that we have received your order and does not constitute acceptance of your purchase offer.

The contract is concluded only when we expressly accept your offer by sending a separate email confirming the order.

The contractual documents, consisting of the order, these GTC, and the order confirmation, will be provided to you on a durable medium (email or printed copy), either together with the order confirmation or in a separate communication, but no later than upon delivery of the goods.

The contractual documents will be stored in compliance with applicable data protection regulations.

(5) The contract is concluded in German.

§ 3 Delivery Conditions

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery times specified by us are calculated from the date of our order confirmation, provided that the purchase price has been paid in full, except in the case of purchases on account.

Unless otherwise stated for the respective product in our online shop, the following delivery times generally apply:

Within the EU: Usually 1–2 weeks (5–10 business days).
Outside the EU: Usually 1–8 weeks (5–40 business days), depending on the destination country, customs clearance, and other factors.

Please note that original artworks generally require an additional 1–2 weeks (approximately 5–10 business days) for preparation and packaging before shipment.

Actual delivery times may be affected by public holidays, seasonal fluctuations, and customs procedures, particularly in countries with strict import regulations.

(3) If the product you have selected is unavailable at the time of your order, we will inform you without undue delay in the order confirmation.

If the product is permanently unavailable, we will not accept your purchase offer. In this case, no contract will be concluded.

(4) If the product specified in your order is only temporarily unavailable, we will also inform you without undue delay in the order confirmation.

(5) We deliver worldwide to customers whose habitual residence (billing address) is in a country where they can also provide a delivery address.

(6) Depending on the size, weight, value, and destination of the artwork, shipping will be carried out by suitable shipping providers, such as DHL, DHL Express, or specialized fine art shipping companies.

We reserve the right to select the appropriate shipping provider unless expressly agreed otherwise.

We ensure that all artworks are carefully packaged in a manner appropriate to their individual characteristics.

For deliveries to consumers, we bear the shipping risk until the artwork has been handed over to the Customer or an authorized recipient, unless otherwise provided by law.

For international deliveries, the shipping conditions communicated before conclusion of the contract shall apply.

(7) International Deliveries and Import Charges

For deliveries to countries outside the European Union, additional charges may apply in the destination country, particularly customs duties, import taxes, and customs clearance fees charged by the shipping provider.

Unless expressly agreed otherwise before the contract is concluded, these costs shall be borne by the recipient and are not included in our stated prices or shipping costs. The amount of such charges depends on the regulations of the respective destination country and cannot always be determined in advance.

We provide the export and shipping documents required for international delivery. The recipient is responsible for providing any information or documentation required for import procedures, where legally applicable.

The statutory provisions regarding transport risk in sales to consumers remain unaffected.

For individually arranged deliveries, particularly those carried out by specialized fine art shipping companies, separate shipping and delivery terms may be agreed upon before the contract is concluded.

§ 4 Prices and Shipping Costs

(1) All prices stated in our online shop are final prices.

As a small business within the meaning of Section 19 of the German Value Added Tax Act (UStG), we do not charge or separately indicate value-added tax (VAT).

Shipping costs are charged in addition to the stated prices.

(2) For artworks available exclusively upon personal inquiry, the purchase price will be individually agreed upon with the Customer before the contract is concluded.

(3) Shipping costs are indicated in the pricing information provided in our online shop.

The total price, including applicable shipping costs, is also displayed during checkout before you submit your order.

For individually agreed purchases, shipping costs will be communicated before the contract is concluded.

(4) If we fulfill your order through partial deliveries, shipping costs will only be charged for the first partial delivery.

If partial deliveries are made at your request, shipping costs will be charged for each individual shipment.

(5) If you validly withdraw from your contractual declaration, you may request reimbursement of the original delivery costs under the applicable statutory conditions.

(6) In the event of withdrawal from a purchase contract, you shall bear the direct costs of returning the goods.

§ 5 Payment Terms

(1) You may pay for purchases in our online shop by credit card, Apple Pay, or PayPal.

Advance payment by bank transfer may also be arranged upon request.

(2) The purchase price becomes due immediately upon conclusion of the contract.

If a specific calendar date has been agreed upon for payment, you will be in default if payment is not made by that date.

In such cases, default interest will be charged at an annual rate of five percentage points above the applicable base interest rate.

(3) The obligation to pay default interest does not exclude our right to claim additional damages resulting from delayed payment.

§ 6 Retention of Title

The delivered goods shall remain our property until the purchase price has been paid in full.

§ 7 Usage Rights, Reproduction Rights, and Resale

(1) We retain all copyrights to the artwork.

By purchasing an artwork, you acquire ownership of the physical work only.

(2) The right of reproduction remains with us.

Any reproduction or public communication of the artwork by you requires our prior written consent.

(3) The lawful resale of the purchased physical original artwork remains permitted in accordance with applicable statutory provisions.

§ 8 Statutory Warranty Rights

(1) We are liable for material defects and defects of title in delivered goods in accordance with the applicable statutory provisions, particularly Sections 434 et seq. of the German Civil Code (BGB).

The limitation period for statutory claims arising from defects is two years, beginning upon delivery of the goods.

If you are an entrepreneur, the warranty period for goods supplied by us is twelve months.

(2) Any voluntary seller guarantees provided by us for certain products, or manufacturer guarantees granted by the manufacturers of certain products, apply in addition to the statutory rights relating to material defects or defects of title referred to in paragraph (1).

Details regarding the scope of any such guarantees are set out in the respective guarantee conditions, which may accompany the products.

§ 9 Liability

(1) Claims for damages by the Customer are generally excluded.

This exclusion does not apply to claims arising from injury to life, body, or health, breaches of essential contractual obligations (cardinal obligations), or other damages resulting from intentional or grossly negligent breaches of duty by the Seller, its legal representatives, or vicarious agents.

Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations caused by ordinary negligence, the Seller's liability is limited to damages that are typical for the contract and reasonably foreseeable.

This limitation does not apply to claims for damages resulting from injury to life, body, or health.

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

(4) The limitations of liability arising from paragraphs (1) and (2) do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee regarding the quality or condition of the goods.

The same applies where the Seller and the Customer have reached an agreement regarding the quality or condition of the goods.

The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 10 Data Protection

Detailed information about how we protect your personal data, including the scope of data processing and your statutory rights, can be found in our Privacy Policy.

§ 11 Statutory Right of Withdrawal for Consumers

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire fourteen days after the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods.

To exercise your right of withdrawal, you must inform us,

Isa’s Mob Art
Isabeau Schmikowski
Am Königsforst 1
52388 Nörvenich
Germany
Telephone: +49 176 45887236
Email: kontakt@isasmobart.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email).

You may use the attached model withdrawal form, but it is not obligatory.

You may also exercise your right of withdrawal using the "Withdraw from Contract" function provided in the footer of our website.

If you use this online function, we will send you an acknowledgment of receipt by email, including the details of your withdrawal declaration and the date and time of its receipt.

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

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery, except for any supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us.

Reimbursement will be made without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

In any event, you will not incur any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent the goods back, whichever occurs first.

You must send back 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 communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the fourteen-day period has expired.

You will bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.

Exceptions to the Right of Withdrawal

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

Pursuant to Section 312g(2)(1) of the German Civil Code (BGB), 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 choice or decision by the consumer is decisive, or which are clearly personalized to the consumer's individual needs.
This applies in particular to commissioned paintings created according to the customer's individual specifications and preferences.
This exclusion does not apply to original paintings that have already been completed and are purchased without individual customization.
Contracts for the supply of goods that are liable to deteriorate or expire rapidly.
Contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
Contracts for the supply of goods that, after delivery, become inseparably mixed with other items due to their nature.
Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time the contract was concluded, which cannot be delivered until at least thirty days after conclusion of the contract, and whose actual value depends on market fluctuations beyond the trader's control.
Contracts for the supply of sealed audio or video recordings or computer software 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 beyond the trader's control and which may occur within the withdrawal period.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To:

Isa’s Mob Art
Isabeau Schmikowski
Am Königsforst 1
52388 Nörvenich
Germany

Telephone: +49 176 45887236
Email: kontakt@isasmobart.com

I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*):

Ordered on () / Received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only if this form is submitted on paper)

Date:

() Delete as appropriate.*

§ 12 Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Applicable Law and Place of Jurisdiction

(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you placed your order as a consumer and had your habitual residence in another country at the time of ordering, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law set out in the preceding sentence.

(2) If you are a merchant and your registered office is located in Germany at the time of placing the order, the exclusive place of jurisdiction shall be the registered office of the Seller.

In all other cases, the applicable statutory provisions shall govern local and international jurisdiction.

(3) If individual provisions of this contract are legally invalid, the remaining provisions shall remain binding.

Where applicable, the invalid provisions shall be replaced by the relevant statutory provisions.

However, if this would result in unreasonable hardship for either contracting party, the entire contract shall become invalid.