Terms and conditions

1. Scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. A business is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

The following shall apply to businesses: If the business uses conflicting or supplementary terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them. 

2. Contracting party, conclusion of contract, correction options

The sales contract is concluded with Annalena.Abstract.Art Annalena Holzhofer.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by email. 

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the text of the contract and send you the order data and our Terms and Conditions in text form. You can view the text of the contract in our customer login.

4. Delivery conditions

Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself. You can find more information about the delivery conditions in the section Shipping conditions.

We do not deliver to packing stations.

5. Payment

In our shop, the following payment methods are generally available to you:

Credit card

You enter your credit card details in the order process. Your card will be charged immediately after placing the order.

SEPA direct debit

When you place your order, you give us a SEPA direct debit mandate. A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are dispatched.

PayPal, PayPal Express

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.

Sofort by Klarna

In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

Google Pay

In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Apple Pay

In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information on the respective payment option and in the order process.

Purchase on account via Klarna

The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

Gift cards from Annalena.Abstract.Art

In the order process you specify your gift certificate code. Your gift certificate code will be charged immediately after you submit your order.

6. Right of withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. Retention of title

The goods remain our property until full payment has been made.
For companies, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For companies, the following applies: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.

Gift cards are valid for 3 years from the date of purchase.
Gift cards are exclusively redeemable for artwork on canvas, painting board and painting paper.
Gift cards are transmitted purely digitally, there are no shipping costs.

Restrictions against companies

In relation to companies, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For companies, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations against merchants

Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

Liability for contents

As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, according to §§ 8 to 10 TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Liability for links

Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking.

However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Severability clause

Should one or more provisions of these Terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions. Void or invalid provisions shall be replaced by the corresponding legal provisions.

13. Final provisions

If you are an enterprise, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Terms and conditions created with the Trusted Shops legal text editor