Terms and Conditions
Draft. Applies only once sales through the website have been opened.
DRAFT - not yet reviewed. All passages marked with square brackets must be filled in before launch and the text must be reviewed by a lawyer. This notice must then be removed.
1. Scope
These terms apply to contracts for the sale of artworks concluded between Hans Philipp Osterbrink, [address] - hereinafter "the artist" - and the buyer through this website.
2. Subject matter
The items offered are originals created by the artist himself. Each work is unique and available only once. Images reproduce colors and surface structure only approximately; minor deviations in representation do not constitute a defect.
3. Conclusion of contract
The presentation of the works is not a binding offer but an invitation to place an order. By submitting the order, the buyer makes a binding offer. The contract is concluded when the artist accepts the offer, at the latest when the work is handed over to the carrier.
4. Prices
All prices are final prices. [Choose one statement: "They include statutory VAT." / "Due to the small business regulation pursuant to Section 19 of the German VAT Act, no VAT is charged or shown."] Shipping costs are shown separately before completion of the order.
5. Payment
The payment methods stated during the order process are available. From an order value of [amount] euros, payment in advance by bank transfer is the only available method. In the case of advance payment, the work is reserved for [number] days; if payment is not received within this period, the order is cancelled.
6. Shipping and transfer of risk
Shipping is insured and includes proof of delivery. Large-format works are shipped by freight carrier; the costs are communicated individually before conclusion of the contract. For consumers, the risk passes only when the work is handed over to the buyer.
7. Retention of title
The work remains the property of the artist until full payment has been made.
8. Warranty
The statutory provisions apply. Age-related and production-related characteristics of a handmade work, such as brush structure, craquelure or irregularities in the support, are characteristics of the work and not defects.
9. Copyright
No usage rights are transferred with the purchase of the work. Copyright remains with the artist. Reproduction or public communication requires his consent.
10. Authenticity certificate
Each sold original is accompanied by a digitally signed authenticity certificate. It documents title, year, dimensions, technique and a feature computed from the image. The procedure is described at [address of authenticity page].
11. Right of withdrawal
Consumers have a right of withdrawal. Details are set out in the separate withdrawal instructions.
12. Final provisions
German law applies. The statutory provisions protecting consumers remain unaffected.