Terms and Conditions

Terms and Conditions and Customer Information

I. Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the provider (Kerstin Schröder) via the website ksfineart.de. Unless otherwise agreed, any terms and conditions you may use are expressly rejected.

  2. A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods, including digital content (data that is created and provided in digital form).

  2. By listing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the product description, via the online shopping cart system.

  3. The contract is concluded via the online shopping cart system as follows:
    The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
    After clicking the “Checkout” or “Proceed to Checkout” button (or a similarly labeled button), and entering your personal data, as well as selecting the payment and shipping options, your order details will be displayed as an order overview.

If you choose an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, you will be asked to make the appropriate selection or input of your data there. Finally, you will be shown the order overview either on the payment provider’s website or after being redirected back to our online shop.

Before submitting your order, you have the opportunity to review, change (also using the “back” function of your internet browser), or cancel your order.

By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place a binding order”, “pay” / “pay now”, or similar wording), you are making a legally binding declaration of acceptance of the offer, thereby concluding the contract.

  1. Your inquiries for the preparation of an offer are non-binding. We will send you a binding offer in text form (e.g. via email), which you may accept within 5 days, unless a different period is specified in the respective offer.

  2. The processing of the order and transmission of all information necessary in connection with the conclusion of the contract will be carried out by email, in some cases automatically. You must therefore ensure that the email address you provide to us is correct, that receipt of the emails is technically ensured, and in particular that it is not blocked by spam filters.

§ 3 License of Use for Digital Content

  1. The digital content offered is protected by copyright. For each digital item purchased from us, you are granted a license of use by the respective licensor. The nature and scope of the usage license are specified in the license terms provided with the respective offer.

  2. Unless otherwise stated in the respective offer, you are granted a simple usage license. This includes a non-exclusive, perpetual right to use the content, in particular the permission to save and/or print one copy of the digital content for your personal use on your computer or other electronic device.

You are not authorized to rent out, sublicense (either for payment or free of charge), publicly reproduce or otherwise make the contractual digital content, or parts thereof, accessible to third parties.

§ 4 Custom-Made Products

  1. You are obliged to provide us with all necessary information, texts, or files required for the customization of the goods either via the online order system or by email, without delay after the conclusion of the contract. Any specifications we may provide regarding file formats must be observed.

  2. You agree not to transmit any content that infringes on the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly release us from any claims asserted by third parties in this context. This also includes the costs of any necessary legal representation.

  3. We do not review the submitted data for content accuracy and therefore assume no liability for any errors resulting therefrom.

§ 5 Special Provisions Regarding Offered Payment Methods

  1. Payment via “PayPal” / “PayPal Checkout”
    When choosing a payment method offered through “PayPal” / “PayPal Checkout,” the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website as well as during the online order process. For payment processing, “PayPal” may use additional payment services; if special payment terms apply, you will be separately informed of these.
    Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 6 Right of Retention, Reservation of Title

  1. You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price has been received.

§ 7 Warranty

  1. The statutory warranty rights apply.

  2. As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

  3. If a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed upon if you were informed of it by us before submitting your contractual declaration and the deviation was explicitly and separately agreed upon between the contractual parties.

§ 8 Choice of Law

  1. German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the country where the consumer habitually resides (principle of favorability).

  2. The provisions of the UN Sales Convention (CISG) are expressly excluded.

II. Customer Information

1. Identity of the Seller

Kerstin Schröder
Obere Pleitenstraße 2
97297 Waldbüttelbrunn
Germany
Phone: +49 1590 8498421
Email: mail@ksfineart.de

Due to new customs regulation as off today, regular shipping to the US is unfortunately not available. However, orders can still be sent via express shipping (approx. €75 per order).

The good news:

  • Digital products (downloads) are always available.
  • You can also commission custom artwork that I will happily send to you digitally (jpg/png via e-mail). The price will be adjusted accordingly since no physical shipping is needed.

If you're based in the US and would like to place an order, please get in touch with me first - I'll be glad to find the best option for you.

e-mail: mail@ksfineart.de

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