Terms & Conditions
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Dominik Scherl, Paint&Bear, Am Kellerberg 11, 92676 Tremmersdorf, Germany, here acting under the brand Paint&Bear (in the following ‘Paint&Bear`), and the orderer. Paint&Bear shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by Paint&Bear in writing.
Conclusion of contract
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to cart” button are summarised again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Buy now”, you send your order details and make a binding declaration to Paint&Bear that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, Paint&Bear recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.
Please note that we sell all products in small quantities only.
Please note that artworks with custom mounting/framing (“select a custom presentation”) as well as unmounted/unframed photo prints are excluded from the right to cancellation/withdrawal, as they are custom-produced to your individual specifications. Custom products are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code.
You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by Paint&Bear):
Statutory right of cancellation:
Information regarding cancellation
Right of cancellation
You have the right to cancel this contract without reason within 30 days.
The cancellation policy lasts 30 days from:
A) The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery
B) The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.
To exercise your right to cancel, you must inform us (Paint&Bear - Kontaktdaten ) of your decision to cancel in a clear, written statement (by letter, fax, or e-mail, for instance).
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
Cancellation Terms and Process
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly - at the latest, within 30 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to send the goods back in the original packaging without delay. At the very latest, they must be sent within 30 days of the day you inform us of the cancellation. This deadline is met as long as the return shipment is sent within the allotted 30 days.
You shall bear the direct cost of return shipping for your order. Typically, goods cannot be returned by normal post. Please contact our Customer Service for more information.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 10 workdays.
Edition Certificate with signature
For organisational reasons, Paint&Bear may also send the orderer the Edition Certificate with the artist’s signature and the edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of the Editions Certificate with signature. If you exercise your right of cancellation, you must also immediately return the unused Edition Certificate. The purchase price shall not be refunded without receipt of Edition Certificate. The right of cancellation shall lapse if the Edition Certificate is used on the work of art, the frame, the lamination or elsewhere.
Prices, due date and payment, default
The prices stated in the online shop are final prices including sales taxes. Shipping costs are not included in the price and are added to it in each case. Information about the shipping costs is contained in Section 7 of these Terms and Conditions.
The purchase price is paid via credit card. Please note that direct debit is only possible with a German bank account. You can pay via PayPal or credit card (Visa, Mastercard, American Express).
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, Paint&Bear shall have the right to demand an administration fee of €5.00 from the orderer.
If you are in default, Paint&Bear reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, Paint&Bear can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, Paint&Bear reserves the right to assert claims in respect of these.
In the above cases you are entitled to prove that no costs were in fact incurred by Paint&Bear or that these costs were less than the flat-rate fees stated above.
All artworks are delivered worldwide. Shipping rates will be announced after the transaction is complete.
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by Paint&Bear. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
Retention of title
Until full and final payment, the delivered goods shall remain the property of Paint&Bear.
Within the scope of statutory provisions, Paint&Bear is liable for damages without restriction.
(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by Paint&Bear or one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of Paint&Bear shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by Paint&Bear or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.
The above provisions shall apply accordingly to the liability of Paint&Bear in respect of reimbursing futile costs.
Liability under the Product Liability Act shall remain unaffected.
Unless expressly agreed otherwise, statutory warranty rights shall apply.
The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.
If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
No granting of rights
By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.
Collecting, processing and using personal data
German law shall apply to the exclusion of the UN Sales Convention.
Last update: 11-02-2021