General terms and conditions of business
1. Commissioned work
1.1 Scope
These terms and conditions apply to all contracts concluded between the artist and the client. The terms and conditions are deemed agreed upon when the artist is commissioned, unless the client objects to them immediately.
1.2 Subject of the contract
The subject of the contract is the product manufactured according to your specific wishes, with the characteristics and dimensions stated in the order confirmation.
1.3 Conclusion of contract
a) An order is considered placed and is binding when the down payment invoice has been submitted.
b) You will only receive a fixed place in the order list upon receipt of the deposit.
1.4 Customer's duty to provide information
You must provide truthful personal information. If your data changes during the term/execution of the contract, you are obligated to notify us of these changes immediately.
1.5 Image rights
By placing the order, the client confirms that they are the copyright holder of the template photo(s) or have permission from them to provide the photo as a template.
1.6 Retention of title
All designs, drawings, and delivered works remain the property of the artist until full payment is received. As the customer, you are obligated to handle the delivered goods with care.
1.7 Copyright provisions
a) All paintings, drawings and sketches are protected by copyright worldwide and may not be used, reproduced or used for advertising purposes or published in any form without express written permission.
b) The buyer acquires only the original artwork. Copyright remains with the artist. Publication or use for advertising purposes, etc., is only permitted with prior written agreement.
c) Publishing the drawing on social media, websites, etc., is only permitted by sharing an official post from "BlodigArt," by providing the officially submitted scan, or by submitting an equivalent photograph. The artist's name must be clearly visible in the photograph and must be mentioned in writing.
d) Any modification or use of the work requires the consent of the artist.
1.8 Self-promotion
All commissioned work is photographed and used for self-promotion. Your name or other personal information will never be shared – or only with your explicit permission.
1.9 Warranty
a) The artist is free in the artistic execution of her works and assumes no liability for deviations, e.g., in colors, formats, or the quality of the painting surface. These deviations are intentional/permissible and do not constitute grounds for a complaint.
b) Complaints of any kind must be submitted to the artist in writing no later than 7 days after receipt of the artwork. If, despite careful inspection, a defect only becomes apparent later (latent defect), it must be reported in writing no later than 7 days after its discovery.
c) As a general rule, only repair is permissible as a warranty remedy. Price reductions are only possible if attempts to repair the same defect have failed.
1. 10 Prices & Payment
a) Payment can be made either by bank transfer or PayPal. At least 50% of the invoice amount is due before work begins, and the remainder is due before delivery.
b) Installment payments are also possible. In this case, your order will only be placed on the order list once 50% of the total amount has been paid, and the order will only be shipped after full payment has been received.
c) All prices are exclusive of packaging and shipping costs (currency: EURO); no value added tax is charged (§ 6 para. 1 no. 27 UStG small business regulation).
1.11 Completion
a) The completion time depends on the current order volume, the type and size of the work. The approximate date will be communicated with the down payment invoice.
b) The artist will make every effort to accommodate the client's scheduling requests. Any appointments agreed upon by the artist are always non-binding unless the dates are explicitly marked as fixed in the deposit invoice.
1. 12 Delivery
a) Delivery within Germany and Austria takes approximately 4-10 days after receipt of the final payment; delivery times to other parts of Europe may be longer (approximately 10-24 working days). In individual cases, delivery times may be significantly longer depending on the supplier.
b) Delivery will be made to the delivery address you have specified, unless a deviation has been agreed upon in writing.
1.13 Revocation
There is no right of withdrawal for artworks that are made according to customer specifications (commissioned works).
1.14 Data Protection
Below I would like to inform you about the handling of your data in accordance with Article 13 of the General Data Protection Regulation (GDPR).
a) Responsible parties:
Judith Blodig
Brigachstr. 12
78048 Villingen-Schwenningen
Germany
b) Types of data processed:
Name, postal address, telephone number, email address, photographs
c) Purpose of processing: Customer support (request for newsletter, personalized messages in paper and electronic form), to process your request, for contract processing.
d) Contract processing: The data you provide for using my goods and/or services will be processed by me for the purpose of contract processing and are necessary for this purpose. A contract cannot be concluded or processed without providing your data. The legal basis for this processing is Article 6(1)(b) GDPR. As part of contract processing, I will forward your data to the transport company commissioned with the delivery of the goods or to the financial service provider, insofar as this is necessary for the delivery of the goods or for payment purposes. The legal basis for this data transfer is then Article 6(1)(b) GDPR.
2. Original Works / Art Prints
2.1 Scope
These terms and conditions apply to all contracts concluded between the artist and the buyer. The terms and conditions are deemed agreed upon when placing an order with the artist unless the client objects to them immediately.
2.2 Subject matter of the contract
The subject of the contract is the product you ordered, with the features and dimensions described in the product description. Images on the website and in catalogs serve as general product information in a purely visual manner and are not guaranteed to be complete or accurate.
2.3 Conclusion of contract
An order is considered binding once the deposit invoice has been sent. This is sent when the artist and customer have agreed on the purchase.
2.4 Customer's duty to provide information
You must provide truthful personal information. If your data changes during the term/execution of the contract, you are obligated to notify us of these changes immediately.
2.5 Retention of title
All designs, drawings, and delivered works remain the property of the artist until full payment is received. As the customer, you are obligated to handle the delivered goods with care.
2.6 Copyright provisions
a) All paintings, drawings and sketches are protected by copyright worldwide and may not be used, reproduced or used for advertising purposes or published in any form without express written permission.
b) The buyer acquires only the original artwork. Copyright remains with the artist. Publication or use for advertising purposes, etc., is only permitted with prior written agreement.
c) Publishing the drawing on social media, websites, etc., is only permitted by sharing an official post from "BlodigArt," by providing the officially submitted scan, or by submitting an equivalent photograph. The artist's name must be clearly visible in the photograph and must be mentioned in writing.
d) Any modification or use of the work requires the consent of the artist.
2.7 Warranty
a) The artist is free in the artistic execution of her works and assumes no liability for minor deviations, e.g., in colors, formats, or the quality of the painting surface. These deviations are permissible and do not constitute grounds for a complaint.
b) Complaints of any kind must be submitted to the artist in writing no later than 7 days after receipt of the artwork. If, despite careful inspection, a defect only becomes apparent later (latent defect), it must be reported in writing no later than 7 days after its discovery.
c) As a general rule, only repair is permissible as a warranty remedy. Price reductions are only possible if attempts to repair the same defect have failed.
2.8 Prices and Payment
a) The prices listed on the website or in the current catalog at the time of ordering apply. All prices are to be understood as end-customer prices at the time of conclusion of the contract.
b) The listed price is due for payment upon conclusion of the contract. Payment for the goods is made by bank transfer or PayPal.
c) Shipping costs are not included in the final customer price and will be added separately. The artist will inform you of the shipping costs after agreeing on the shipping method, and these costs are considered accepted upon conclusion of the contract.
d) Installment payments are also possible by personal arrangement.
e) If you default on your payment obligation, I am entitled to send you reminders and charge reminder fees.
2.9 Delivery
a) Your order will only be shipped after full payment has been received.
b) Delivery within Germany and Austria takes approximately 4-10 days after receipt of payment; delivery times to other European countries may be longer (approximately 10-24 working days). In individual cases, delivery times may be significantly longer depending on the supplier.
c) Delivery will be made to the delivery address you have specified, unless a deviation has been agreed upon in writing.
d) Partial deliveries are permitted and are considered independent deliveries, unless a partial delivery is unreasonable for you as the customer.
2.10 Right of withdrawal
a. Right of withdrawal
Consumers have a 14-day right of withdrawal.
If you, as a consumer, placed your order online, by email, or by telephone, you can cancel your contract within 14 days without giving any reason in written form. The cancellation period begins after you, as the recipient, receive the goods.
The cancellation notice should be sent to:
Judith Blodig
Brigachstr. 12
78048 Villingen-Schwenningen
Germany
Email: kunst@blodigart.com
If the delivery matches the ordered work or goods, you are responsible for the return shipping costs. Returns must be sent exclusively to the postal address stated above.
In the event of a valid cancellation, both parties must return any services received. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to provide compensation for its value.
Items that can be shipped by parcel post must be returned at the customer's risk.
Obligations to refund payments must be fulfilled within 14 days. For you, this period begins with the dispatch of your cancellation notice or the return of the item; for the artist, it begins upon receipt of these documents.
b) Please place the delivery note received with your order in the package with the items you wish to return. Please return the goods in their original packaging, including all accessories and packaging materials. If you no longer have the original packaging, please ensure adequate protection against damage during transport by using suitable packaging.
2.11 Data protection
Below I would like to inform you about the handling of your data in accordance with Article 13 of the General Data Protection Regulation (GDPR).
a) Responsible parties:
Judith Blodig
Brigachstr. 12
78048 Villingen-Schwenningen
Germany
b) Types of data processed:
Name, postal address, telephone number, email address, photographs
c) Purpose of processing: Customer support (request for newsletter, personalized messages in paper and electronic form), to process your request, for contract processing.
d) Contract processing: The data you provide for using my goods and/or services will be processed by me for the purpose of contract processing and are necessary for this purpose. A contract cannot be concluded or processed without providing your data. The legal basis for this processing is Article 6(1)(b) GDPR. As part of contract processing, I will forward your data to the transport company commissioned with the delivery of the goods or to the financial service provider, insofar as this is necessary for the delivery of the goods or for payment purposes. The legal basis for this data transfer is then Article 6(1)(f) GDPR.
GDPR.
Cancellation policy
a) Right of withdrawal
Consumers have a 14-day right of withdrawal.
If you, as a consumer, placed your order in the online shop, by email, or by telephone, you can cancel your contract within 14 days without giving reasons in written form. The cancellation period begins after you, as the recipient, receive the goods.
The cancellation notice should be sent to:
Judith Blodig
Brigachstr. 12
78048 Villingen-Schwenningen
Germany
Email: kunst@blodigart.com
If the delivery matches the ordered work or goods, you are responsible for the return shipping costs. Returns must be sent exclusively to the postal address stated above.
In the event of a valid cancellation, both parties must return any services received. If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you may be required to provide compensation for its value.
Items that can be shipped by parcel post must be returned at the customer's risk.
Obligations to refund payments must be fulfilled within 14 days. For you, this period begins with the dispatch of your cancellation notice or the return of the item; for the artist, it begins upon receipt of these documents.
b) Please place the delivery note received with your order in the package with the items you wish to return. Please return the goods in their original packaging, including all accessories and packaging materials. If you no longer have the original packaging, please ensure adequate protection against damage during transport by using suitable packaging.
c) There is no right of withdrawal for artworks that are made according to customer specifications (commissioned works).