Terms & Conditions
1. Scope and Conclusion of Contract
These General Terms and Conditions (GTC) apply to all contracts concluded between ZAK Art Gallery (hereinafter "Seller") and customers (hereinafter "Buyer") for the purchase of original oil paintings through the online shop.
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. By clicking the "Order with obligation to pay" button, the Buyer submits a binding offer to purchase the products in the shopping cart. The Seller can accept this offer within 5 days by sending an order confirmation by email.
2. Subject of the Contract
The subject of the contract is the sale of original oil paintings. All artworks are unique pieces unless expressly stated otherwise in the product description. Each painting is hand-signed by the artist and comes with a certificate of authenticity.
3. Prices and Payment Terms
All prices stated are final prices including statutory VAT. Shipping costs are calculated separately and displayed before completing the order.
Accepted Payment Methods:
- Credit card (Visa, Mastercard, American Express)
- PayPal
- Bank transfer (prepayment)
- SEPA Direct Debit
Payment is due immediately upon conclusion of the contract. For bank transfer prepayment, the goods are reserved for 7 days. If payment is not received within this period, the order is automatically cancelled.
4. Delivery and Shipping
Delivery is made to the delivery address specified by the Buyer. Shipping is insured and tracked. Delivery times are stated in the product description:
- Germany: 2-5 business days
- EU: 5-10 business days
- International: 10-20 business days
All artworks are carefully packaged and shipped insured. We use specialized art transport companies for larger works. The risk of loss or damage passes to the Buyer upon handover to the carrier.
5. Right of Withdrawal (for Consumers)
Consumers have a right of withdrawal in accordance with the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
ZAK Art Gallery
Großbeerenstr. 15
10963 Berlin, Germany
Email: info@thefroggers.io
of your decision to withdraw from this contract by means of a clear declaration (e.g., letter sent by post or email).
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received notification of your withdrawal.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day period expires.
Return shipping costs for withdrawal are borne by the Buyer unless the delivered goods correspond to the goods ordered and the price of the goods to be returned does not exceed EUR 40.
6. Retention of Title
The goods remain the property of the Seller until full payment of the purchase price.
7. Warranty and Liability
The statutory warranty provisions apply. Each artwork is carefully inspected before shipping. Nevertheless, minor color deviations from the screen representation are possible due to individual monitor settings.
All artworks are original, hand-painted oil paintings. Natural characteristics of the materials used (canvas texture, brush strokes, slight color variations) are not defects but proof of authenticity.
8. Copyright and Image Rights
All images and descriptions of the artworks are protected by copyright and remain the property of the artist or Seller. Any reproduction, distribution, or public display requires written permission.
9. Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are generally willing to do so.
10. Final Provisions
The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
Last updated: October 2024
