Terms and conditions
1. Scope
These Terms and Conditions apply to all orders placed by consumers through the Don Whites Atelier online shop at https://donwhiteatelier.com.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
The goods offered are physical original artworks and art prints. Individually commissioned works are not offered through the online shop.
2. Contracting party
The purchase contract is concluded with:
Thomas Weiß – Don Whites Atelier Johann-Goercke-Allee 14 14469 Potsdam Germany Email: donwhite.arthouse@gmail.com
3. Offer and conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer. It is an invitation to place an order.
Customers can select products, add them to the cart, and review and correct their details before submitting an order. By selecting the “Place order with obligation to pay” button, the customer submits a binding offer to purchase the products in the cart.
Receipt of the order is confirmed promptly by email. An automatically sent acknowledgement does not constitute acceptance of the offer unless it expressly states that the offer has been accepted.
The contract is concluded when Don Whites Atelier accepts the order by an express order confirmation sent by email, or dispatches the goods and informs the customer of the dispatch. If the offer is not accepted within five days of receipt of the order, the customer is no longer bound by it. Any payments already made will be refunded without undue delay.
The contract text is sent to the customer by email after the order. [Check and add technical details: Is the contract text also stored, and can the customer access it in a customer account?]
The contract language is German.
4. Prices and shipping costs
All stated prices are total prices in euros. Under the small-business rule in Section 19 of the German VAT Act (UStG), no VAT is charged or shown.
Shipping costs may also apply. They are shown on the relevant product page and again before the order is submitted.
Shipping one art print within Germany costs €3. Shipping is free for an order of at least two art prints. The shipping costs stated for each original artwork apply. For a combined order of original artworks and art prints, the shipping costs shown at checkout apply.
5. Payment
The payment methods available in the online shop are shown at the start of the ordering process. Payment by PayPal is currently planned.
Unless stated otherwise for the payment method concerned, the purchase price is due immediately upon conclusion of the contract.
For payments through PayPal, the PayPal terms also apply. Payment is processed by PayPal; Don Whites Atelier remains the contracting party for the purchase of the goods.
6. Delivery and delivery area
Delivery is available only to addresses within Germany.
The delivery time for each product is stated on its product page or during the ordering process.
If several products with different delivery times are ordered, they will generally be shipped together unless otherwise agreed. In that case, the delivery time is determined by the product with the longest stated delivery time.
If an original artwork offered as a one-off is exceptionally no longer available because of a simultaneous order, the order will not be accepted. Any payments already made will be refunded without undue delay.
7. Retention of title
The goods remain the property of Don Whites Atelier until the purchase price has been paid in full.
8. Characteristics of original artworks and art prints
The relevant product description and the images shown with it determine the characteristics of the goods.
Original artworks are handmade one-off pieces. Visible textures, brushstrokes and other features typical of the work that can be seen in the product description or images form part of the individual characteristics of the artwork.
Colors may differ slightly from the original depending on the screen and its settings. Statutory rights in the event of defects remain unaffected.
Frames, mounts and other accessories are included only if expressly stated in the relevant product description.
9. Rights in the event of defects
Statutory rights in the event of defects apply.
10. Copyright and rights of use
The purchase of an original artwork or art print transfers ownership of the physical item purchased. Copyright-related rights of use are not transferred unless expressly agreed otherwise.
In particular, reproduction, distribution, adaptation and commercial public display or use of the motif require the prior consent of the rights holder unless the use is already permitted by law.
Uses permitted by law and the resale of a lawfully acquired physical item remain unaffected.
11. Right of withdrawal
Consumers have the statutory right of withdrawal. Details can be found in the separate withdrawal instructions and model withdrawal form available in the online shop.
12. Consumer dispute resolution
Don Whites Atelier is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. Applicable law
The law of the Federal Republic of Germany 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 the protection of mandatory provisions of the country in which they have their habitual residence.