Terms of service

This English version is provided for convenience. Only the German version is legally binding.

General Terms and Conditions with Customer Information

1. Scope
2. Offers and Descriptions of Services
3. Ordering Process and Conclusion of the Contract
4. Prices and Shipping Costs
5. Delivery, Availability of Goods
6. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Final Provisions

1. Scope
1.1. The business relationship between ArtGalerie-TC, Proprietor: Tuncer Cakmakci, Hortensienring 67, 65929 Frankfurt am Main (hereinafter ‘Seller’) and the customer (hereinafter ‘Customer’) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and objections by telephone on +49 (0) 1787199695 and by email at info@artgalerie-tc.com.

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB [German Civil Code]).

1.4. Deviating terms of the Customer shall not be recognised unless the Seller expressly agrees to their validity.

2. Offers and Descriptions of Services
The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of services in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.
All offers are valid ‘while stocks last’, unless otherwise stated for the products. In all other respects, errors are excepted.

3. Ordering Process and Conclusion of the Contract
3.1. The Customer may select products from the Seller's range without obligation and collect them in a so-called shopping basket using the button provided for this purpose. Within the shopping basket, the selection of products can be changed, e.g. deleted. The Customer can then proceed, within the shopping basket, to complete the ordering process by using the button that leads to the checkout.

3.2. By clicking the button that completes the ordering process, the Customer submits a binding offer to purchase the goods in the shopping basket. Before sending the order, the Customer can change and view the data at any time and, using the browser's ‘back’ function, return to the shopping basket or cancel the ordering process altogether.

3.3. The Seller then sends the Customer an automatic acknowledgement of receipt by email, in which the Customer's order is listed once again and which the Customer can print out using the ‘Print’ function (order confirmation). The automatic acknowledgement of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract of sale is only concluded when the Seller has dispatched or handed over the ordered product to the Customer within 3 days of the order being placed, or has confirmed dispatch to the Customer within this period by a second email, an express order confirmation or by sending the invoice. By way of derogation, for payment methods where payment is already initiated during the ordering process (e.g. credit card, Apple Pay, Google Pay, Klarna or PayPal), the Seller accepts the offer at the moment at which the Customer initiates the payment. The contract of sale is then concluded at that moment.

3.4. In the case of payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If, despite being due and even after a further request, payment has not been received by the Seller within 10 calendar days of the order confirmation being sent, the Seller shall withdraw from the contract, with the consequence that the order lapses and the Seller has no obligation to deliver. The order is then settled for the Customer and the Seller without further consequences. In the case of payment in advance, items are therefore reserved for a maximum of 10 calendar days.

3.5. For commissioned works that the Seller produces according to the Customer's wishes (e.g. dimensions, colours, frames), the Seller will prepare an individual quotation on request. In this case, the contract is concluded when the Customer accepts the Seller's quotation. Consumers have no right of withdrawal for commissioned works, because the goods are not prefabricated and are produced according to the Customer's individual specifications (§ 312g (2) no. 1 BGB).

4. Prices and Shipping Costs
4.1. All prices stated on the Seller's website include the statutory value added tax for deliveries within the European Union. For original paintings created entirely by hand, this is currently 7 %.

4.2. The Seller does not charge any shipping costs for deliveries within Germany. For deliveries abroad, the Seller charges flat-rate shipping costs, the amount of which depends on the country of delivery and the longest side of the work. The shipping costs are listed on the ‘Shipping and Delivery’ page and are displayed to the Customer during the ordering process before the order is placed. For deliveries to countries outside the European Union, customs duties, import taxes and other import charges as well as fees charged by the carrier for customs clearance may additionally be incurred. These costs are included neither in the purchase price nor in the shipping costs and are to be borne by the Customer.

5. Delivery, Availability of Goods
5.1. Where payment in advance has been agreed, delivery takes place after receipt of the invoice amount.

5.2. Should delivery of the goods fail through the fault of the Customer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without undue delay.

5.3. If the ordered product is not available for reasons for which the Seller is not responsible, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer without undue delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will refund to the Customer without undue delay any consideration already provided.

5.4. The Seller delivers within Germany, to all other countries of the European Union and worldwide. This excludes countries to which shipping is not possible because of sanctions or a lack of delivery options. These countries are listed on the ‘Shipping and Delivery’ page. Customers are informed of delivery times on a separate information page or within the respective product description.

6. Payment Terms
6.1. The Customer may choose from the available payment methods during and before completion of the ordering process. The available payment methods are displayed to the Customer during the ordering process.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction. If the Customer chooses a Klarna payment option, the time of payment is determined by that payment option.

6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.

6.4. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer shall pay the statutory default interest.

6.5. The Customer's obligation to pay default interest does not preclude the Seller from asserting further damage caused by default.

6.6. The Customer is only entitled to set-off if their counterclaims have been finally established by a court, are undisputed or have been acknowledged by the Seller. This restriction does not apply to counterclaims of the Customer arising from the same contractual relationship, in particular not to claims following a withdrawal or due to defects in the goods. The Customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

7. Retention of Title
The goods delivered remain the property of the Seller until payment has been made in full.

8. Warranty for Material Defects and Guarantee
8.1. The warranty is governed by the statutory provisions. For consumers, the warranty period for goods is at least two years from delivery of the goods. An overview of the statutory guarantee under EU law is available on the page Legal guarantee.

8.2. A guarantee exists for the goods supplied by the Seller only if one has been expressly given. Customers are informed of the guarantee conditions before the ordering process is initiated.

9. Liability
9.1. The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.

9.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after a guarantee has been assumed for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.

9.5. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the Contract Text
10.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.

10.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the Customer also receives a copy of the General Terms and Conditions together with the withdrawal notice and the information on shipping costs and on delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the contract text but do not make it accessible on the internet.

11. Final Provisions
11.1. The place of jurisdiction and place of performance is the Seller's registered place of business if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. The contract can be concluded in German or English.

11.3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.