Terms Of Service

General Terms and Conditions of Sebastian Thierau (Pass The Torch Art) for the Sale of Paintings, Art, and Art Prints

§ 1 Scope

These General Terms and Conditions (GTC) apply to all purchase contracts concluded through the online shop (domain: insert) between Sebastian Thierau (Pass The Torch Art) and the respective buyers/customers.

The GTCs apply only to contracts between Sebastian Thierau (Pass The Torch Art) and the buyer/customer as a consumer.

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These GTCs are also available in English on the homepage (insert). However, the German version shall prevail. In cases of discrepancy between the English and German GTCs, particularly in cases of translation errors or differing terminology in the respective languages, the German GTCs shall exclusively apply.

The customer/buyer expressly agrees to the validity of these GTCs upon submission of their offer - see § 2 - for the conclusion of the contract. The customer can view these GTCs on the homepage at any time. The customer can also inspect them before and during the contract conclusion.

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§ 2 Conclusion of Contract

The presentation of goods in the online shop does not constitute a legally binding offer but an informal online catalogue to present the items for sale.

The submission of an offer to conclude a purchase contract is made by the customer/buyer. By clicking the order button, the customer/buyer submits a binding offer to purchase the goods in the shopping cart.

The contract is concluded by confirming the receipt and acceptance of the order immediately following the order by email to the email address provided by the customer/buyer when ordering.

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The customer/buyer sets up a customer account on the website (insert) to place an order. The buyer is responsible for the accuracy of their information, especially their name, billing, and delivery address, and for providing a valid email address.

The sale and shipping of the goods offered on the website (insert) (paintings and art prints) are exclusively limited to customers in Germany and the European Union. Sales and shipping outside the European Union are excluded.

Suppose additional fees, duties, or charges other than the purchase price and shipping costs arise from the sale or shipment to countries within the European Union (but outside Germany). In that case, the respective customer is to bear or reimburse these.

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German law exclusively applies to the purchase, contract conclusion, payment, and contract processing. All consumer protection rights for purchasing goods (here: art prints and original paintings) via the online store (insert) remain unaffected.

The customer expressly agrees to the validity of these GTCs. Any consumer rights under German law are not limited due to this.

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§ 3 Prices and Payment Terms

The indicated prices include statutory value-added tax and other price components. Prices are quoted in Euro currency. All payments must be made in Euro currency.

Various payment options are available to the customer, specified in the online shop and when placing the order for selection by the customer/buyer. Customer payments can only be made using the payment methods specified when ordering.

Payment must be made uniformly for the entire order using the customer's payment method. Payments cannot be split between different payment methods.

Payment methods not specified at the time of ordering are not accepted for payment and are excluded.

The customer receives an invoice for their order exclusively by email after the order. Postal dispatch of the invoice does not occur. The customer must provide a valid email address to receive the invoice.

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§ 4 Delivery, Shipping Costs, and Delivery Times

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Delivery is made at the shipping costs specified during the ordering process and before the order is sent to the customer.

The shipping costs depend on the destination or delivery address. The customer will be informed of the respective shipping costs of their order before submitting their purchase offer. By submitting their offer, they agree to the shipping costs.

The regular time for dispatching the goods is indicated on the respective offer page. The delivery time depends on the delivery address. (For Example, Deliveries within Germany will generally be carried out faster than deliveries within the European Union.)

For deliveries within Germany and the European Union, the customer's order is regularly dispatched to the customer within ten working days after receipt and acceptance of the offer via the shipping/postal route.

Shipping is generally carried out with DHL as a shipping service provider or a comparable shipping company selected by Sebastian Thierau.

The shipping and transport of the goods occur as insured packages or parcels with a corresponding "tracking number" for tracking the shipping route (shipment tracking).

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Sebastian Thierau (Pass The Torch Art) does not influence the commissioned shipping company's specific delivery and transport times (DHL or others). Consumer rights concerning shipping and any shipping damage remain unaffected.

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§ 5 Retention of Title and Customer's Duty of Care

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The goods remain the property of Sebastian Thierau (Pass The Torch Art) until full and unconditional payment by the customer.

Until the transfer of ownership, the customer must treat and store the goods with due care. Any damages to the artworks or art prints due to improper handling or use must be fully compensated by the customer. This does not restrict the customer's possible rights from a consumer goods purchase. The customer has the right to inspect the goods as much as possible during a visit to the seller's studio. However, the customer is responsible for the careful and proper handling of the goods as long as they are in their sphere of control and still need to acquire ownership of the goods.

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§ 6 Right of Withdrawal and Withdrawal Instructions

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The buyer/customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the buyer or a third party named by them, who is not the carrier, has taken possession of the goods.

In the case of a contract for several goods that the buyer has ordered as part of a single order and that are delivered separately: "on the day the customer or a third party named by them, who is not the carrier, has taken possession of the last goods. “

To exercise your right of withdrawal, you must inform us (Sebastian Thierau, Sankt-Joseph-Weg 20, 53359 Rheinbach, insert business email) using a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract.

You may use the sample withdrawal form under these GTCs, which is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the communication regarding exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal - If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs - if paid by you - (except for the additional costs resulting from your choice of a delivery type other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this reimbursement, we use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; you will not be charged for this reimbursement. Sebastian Thierau may only accept reimbursement once we have received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earliest.

Returning the goods - The customer must return or hand over the goods to us (Sebastian Thierau, Sankt-Joseph-Weg 20. 53359 Rheinbach, NRW, Germany) without delay and in any event not later than fourteen days from the day on which he informs us of the withdrawal from this contract. The deadline is met if the customer sends off the goods before the period of fourteen days has expired.

The customer bears the direct costs of returning the goods.

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

§ 7 Warranty

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The statutory warranty rights apply.

Sebastian Thierau's claims against the customer for damages to the goods after delivery and acceptance in the event of a withdrawal also remain reserved.

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§ 8 Liability

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Sebastian Thierau (Pass The Torch Art) is liable for intent and gross negligence. Regarding slight negligence, Sebastian Thierau (Pass The Torch Art) is only responsible for violating essential contractual obligations.

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§ 9 Copyright and Licensing Rights

Sebastian Thierau authorizes all artworks, images, and art prints displayed or offered on his homepage (insert) and the associated online shop (insert). All works are protected by copyright. According to German and European copyright law, the copyright to all works (images, artworks, or art prints) remains unrestricted with Sebastian Thierau (Pass The Torch Art), regardless of the ownership situation. The copyright does not transfer to the customer upon purchasing an image.
For any legal reason, Sebastian Thierau holds all licensing, exploitation, and usage rights to all artworks, images, and prints displayed or offered on his homepage (insert) and the associated online shop (insert). Reproduction, modification, exploitation, commercial use, exhibition, presentation, or similar use and exploitation of Sebastian Thierau's artworks, images, and art prints, even just parts of these, requires express and written permission from Sebastian Thierau or a person expressly and in writing authorized by him. All possible claims arising from the infringement of these rights are reserved.
It is prohibited and excluded to use the artworks, images, or art prints of Sebastian Thierau, even just parts thereof, for digital image processing without the express and written consent of Sebastian Thierau, to modify them, especially to combine them with other art products, or to use them commercially. This also includes any use or exploitation of Sebastian Thierau's artworks, images, and art prints for training/instructing AI (artificial intelligence) as well as any use and exploitation of the images and paintings by AI, for example, to create/generate "new" pictures and artworks.
When purchasing an original image or an art print, all usage, exploitation rights, and licensing rights to the image or the depicted motif remain with Sebastian Thierau. In particular, Sebastian Thierau remains unrestrictedly entitled to produce and commercially use art prints and other objects based on a sold and transferred original artwork/image. This includes the unrestricted possibility to sell corresponding art prints of artworks/images sold in the original and to change, adapt, or maintain their presentation and display as he sees fit. This does not restrict the buyer's rights from their ownership (of the original).
Any reproduction, copy, or partial reproduction, including digital copies of Sebastian Thierau's artworks, images, and art prints, for non-exclusively private use requires the express and written consent of Sebastian Thierau (Pass The Torch Art).

§11 Trademark Rights

The words "Sebastian Thierau Art" and "Pass The Torch Art" are protected trademarks throughout Europe. Rights from the infringement of these trademarks are reserved.
Third parties may only use the trademarks with Sebastian Thierau's express written permission. This applies particularly to exploitation concerning the offer of other goods or services.

§ 12 Data Processing / Customer Data

The privacy policy details all data, data collections, and uses and can be viewed anytime on Sebastian Thierau's homepage under (insert).

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§ 13 Final Provisions

Contracts between Sebastian Thierau (Pass The Torch Art / Sebastian Thierau Art) and the respective customer are subject to the law of the Federal Republic of Germany.
The place of jurisdiction is, as far as legally permissible, the headquarters of Sebastian Thierau (Pass The Torch Art), 53359 Rheinbach; NRW, Germany.
Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining contract.

Model Withdrawal Form:
(If you want to cancel the contract, you can use this form and send it back to us by mail or email.)

Hereby, I revoke the contract I have concluded 

for the purchase of the following goods: 

(Please insert the order number or invoice number here).

(If your revocation refers only to parts of your order, please indicate this here.)

Ordered on (* please insert)

Received on (* please insert)

Name of the consumer(s)

(* please insert)

Address of the consumer(s)

(* please insert)

Signature of the consumer(s) (only if communicated on paper)

(* please insert)

Date (* please insert)