Terms & Conditions

1. Scope and contracting party

These Terms & Conditions apply to contracts for the purchase of original artworks and individually commissioned artworks from Atelier Rachel, Stefanie Rachel, Neuer Weg 34 B, 23867 Sülfeld, Germany. A consumer is a natural person entering into a transaction mainly for purposes outside their trade, business or profession.

2. Presentation of artworks and conclusion of contract

The presentation of artworks on the website does not constitute a binding contractual offer. By submitting a purchase enquiry, the customer initially makes a non-binding enquiry. Atelier Rachel then sends an individual offer by email stating the artwork price, shipping costs, any further cost information, payment terms and delivery information. The contract is concluded when the customer expressly accepts this offer within the stated period or pays the offered total amount. After conclusion of the contract, the customer receives a contract confirmation on a durable medium, normally by email.

3. Prices, shipping, taxes and duties

Where a specific price is shown for an artwork, the artwork price includes statutory VAT where applicable. Professional insured shipping is not included in the artwork price and is quoted individually according to the artwork, format and destination. Before the contract is concluded, the total price including known shipping costs is communicated. Deliveries outside the European Union may be subject to customs duties, import taxes or local charges; these are borne by the buyer to the extent permitted by law.

4. Payment

Payment is made in accordance with the individual offer. Unless otherwise agreed, payment is made by bank transfer. Bank details are provided only with the personal payment information. Shipment normally takes place only after full payment has been received.

5. Delivery and shipping

Artworks are professionally packed and shipped insured to the delivery address agreed in the contract. Delivery time and shipping method are stated in the individual offer or contract confirmation. Statutory rules on the passing of risk apply to consumer purchases. Customs clearance or circumstances outside Atelier Rachel’s control may extend delivery times.

6. Retention of title

The delivered artwork remains the property of Atelier Rachel until the purchase price and agreed shipping costs have been paid in full.

7. Right of withdrawal and commissioned artworks

Consumers generally have the statutory right of withdrawal for distance contracts. Details are set out in the separate Right of Withdrawal information and withdrawal form. There is no statutory right of withdrawal for artworks that are not prefabricated and are made on the basis of the customer’s individual choice or specification, or are clearly personalised to the customer’s needs, in accordance with Section 312g(2)(1) BGB. Statutory rights relating to defects remain unaffected.

8. Statutory rights in case of defects

Statutory rights relating to defects apply. In the event of a justified defect, the buyer has the statutory rights to subsequent performance and, where applicable, price reduction, withdrawal or damages. Transport damage should be reported to Atelier Rachel as soon as reasonably possible and documented; a delayed report does not affect a consumer’s statutory rights.

9. Copyright and rights of use

Purchase of the physical original transfers ownership of the artwork itself. Copyright and exploitation rights are not transferred unless expressly agreed otherwise. In particular, commercial reproduction, publication or other commercial use requires prior permission from Atelier Rachel where copyright permission is legally required.

10. Consumer dispute resolution

An obligation to participate in dispute resolution proceedings before a consumer arbitration body applies only where required by law or where such an obligation has been undertaken.

11. Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protection granted by the law of the country of their habitual residence.