Terms and Conditions (T&C's)

• 1 Scope of Application

(1)  These Terms and Conditions (hereinafter referred to as "T&Cs") govern all contracts concluded via our online shop between us, Maicrylic Arts, Maike Patan, Artist, c/o IP-Management #38084, Ludwig-Erhard-Str.18, 20459 Hamburg, info@maicrylicarts.com, +49 152 345 953 66, and you as our customer. The T&Cs are equally binding for consumers, entrepreneurs, and merchants.

(2) All agreements between you and us in connection with the purchase contract are derived particularly from these terms and conditions, our written order confirmation, and our order acceptance.

(3) The version of the T&Cs valid at the time of the contract conclusion shall apply.

(4) Any deviating terms and conditions of the customer are not accepted by us, even if we do not expressly object to their inclusion.

• 2 Conclusion of Contract

(1)  The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) By clicking the "Complete Order" button, you submit a legally binding order. This order is binding for a period of two (2) weeks. However, you retain the right to revoke your order within this period. The revocation is valid before the shipping confirmation.

(3) We will confirm receipt of your order placed through our online shop immediately by email. This email does not constitute a binding acceptance of your order unless it contains an acceptance declaration in addition to the receipt confirmation.

(4) A contract is only concluded when we accept your order by sending an order confirmation or by delivering the ordered items.

(5) If the delivery of the goods you ordered is not possible, for instance, due to a lack of stock, we reserve the right to reject your order. In such a case, no contract is concluded. We will inform you immediately and promptly refund any payments already made.

• 3 Delivery Conditions and Prepayment Reservation

(1) We reserve the right to make partial deliveries if this is acceptable to you.
(2) a) For domestic shipments, the estimated delivery time is approximately 10 working days unless otherwise agreed. This period begins from the date of contract conclusion unless otherwise specified.
b) The estimated delivery time for international shipments is up to 21 working days unless otherwise agreed. This period begins from the date of contract conclusion unless otherwise specified. We are not responsible for any delays due to customs clearance.
(3) For orders from customers whose residence or business address is abroad, or in cases of justified indications of a payment default risk, we reserve the right to deliver only after receiving full payment of the purchase price and shipping costs (prepayment reservation). We will inform you immediately if we choose this procedure. In such cases, the delivery period begins when the purchase price and shipping costs are fully received.

• 4 Prices and Shipping Costs

(1) All prices in our online shop are final prices plus shipping costs. According to §19 UStG, invoices are issued without a separate VAT statement.
(2) Shipping costs are displayed in the shopping cart and vary depending on the location. The price and the applicable shipping costs are also displayed in the order form before submitting the order.
(3) Shipping costs are calculated as flat rates and reflect the costs of the shipping service provider and packaging.
(4) If we deliver your order in partial shipments, shipping costs will only be charged for the first partial shipment. Upon your request, we will charge shipping costs for each individual partial shipment.
(5) Depending on the location, the order may not be confirmed if there are no suitable shipping service providers for that location. You will be informed immediately by email if the order cannot be confirmed.
(6) ATTENTION: Some artworks are not available in certain countries due to size restrictions by the shipping service provider. Orders from the USA, India, Australia, or UAE cannot include oversized artworks. Nevertheless, these artworks are listed on the website as the shop provider currently does not offer a solution for this. The shipping flat rate at checkout includes a dummy value of €9999 for the respective artworks. If this amount appears, the artwork cannot be shipped to you at this time. If you have any questions, please contact me directly at info@maicrylicarts.com.

• 5 Returns and Refunds

(1) If you change your mind within 48 hours of purchase and want to cancel your order, please contact me at info@maicrylicarts.com so I can cancel your order. I strongly urge all buyers to fully inform themselves about the sizes and surface types of the artworks they are interested in before making a purchase.
(2) Under normal circumstances, I do not accept returns or exchanges of original works; however, if you have any questions or concerns, please contact me directly at info@maicrylicarts.com.
(3) If a return/refund is agreed upon, the refund will be processed once the returned artwork is received. All artworks are securely packaged to ensure safe transport. Please also ensure that you read all sizes, surfaces, and hanging options for an artwork before purchasing to ensure it fits well in your home. If you are unsure about color matching, you can request a video of the artwork before purchasing. I also accept commissions if you would prefer something custom-made to match the colors of your home and desired size.
(4) In the event of an effective revocation of your contract declaration, you are legally obliged to bear the costs of returning the goods. Please return the goods only in the original packaging.
(5) For deliveries outside the EU, the customer bears all customs fees and the costs of customs clearance. I am not responsible for any delays caused by customs.
(6) Custom-made and bespoke items are excluded from exchange and refund. After receiving secured payment via my website, I begin procuring materials, preparing wood panels or canvases, setting up my workspace, color matching, and purchasing specific paints needed for your order. All details of the orders are discussed and finalized before purchase. During the creation process, I will keep you regularly updated on the progress of your individual piece.

• 6 Payment Terms and Set-Off and Retention Rights

(1) You can pay the purchase price and shipping costs using only the payment options offered by us.
(2) You are not entitled to offset our claims unless your counterclaims are legally established or undisputed. You are also not entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

• 7 Retention of Title

(1) The delivered goods remain our property until the purchase price is fully paid.

• 8 Warranty

(1) We assume liability for material or legal defects of the delivered goods in accordance with the applicable legal provisions, particularly §§ 434 ff. BGB. The limitation period for defect claims is two years and begins with the delivery of the goods.
(2) Any seller guarantees provided by us for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material or legal defects as defined in paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

• 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we are only liable – unless otherwise stipulated in paragraph 3 – for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the customer may regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages arising from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

• 10 Copyrights

(1) We hold the copyrights to all images, films, and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.

• 11 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you place the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your seat in Germany at the time of the order, the exclusive place of jurisdiction is the seller's place of business. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.