1 Scope and provider
1.1 These Terms and Conditions apply to all orders and contracts concluded via the Gheddiseh Zar online shop on the website gheddisehzar.com.
1.2 The provider and contracting party is:
Titanova GbR
trading under the brand Gheddiseh Zar
Adam-Opel-Str. 26A
63322 Rödermark
Germany
Email: gheddisehzar@gmail.com
1.3 The offer is addressed both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and, where expressly provided, to businesses within the meaning of Section 14 BGB.
1.3.1 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional.
1.3.2 A business is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2 Subject matter of the contract
2.1 The online shop offers in particular the following products:
- Original artworks
- Art prints and prints
- Stickers and other artistic paper and creative products
- Further physical art and stationery products
- Membership in The Frame Print Club as a recurring subscription
2.2 The essential characteristics of each product follow from the respective product description in the online shop.
2.3 For handmade products and original artworks, minor variations in colour, structure, surface finish, positioning or execution may occur. Such minor variations typical of handmade or artistic products do not constitute a defect, provided the agreed quality of the product is not materially impaired.
2.4 Colours displayed on screens may differ from the actual product depending on the device, screen calibration, brightness and technical settings.
3 Offer and conclusion of contract
3.1 The presentation of products in the online shop does not generally constitute a legally binding offer, but an invitation for the customer to place an order.
3.2 The customer may select products and, where provided, place them in the shopping cart. Before completing the order, the customer may review and correct their entries.
3.3 Payment processing is handled in particular via Stripe Checkout. During the order process, the customer is redirected to the payment service provider’s secure payment environment.
3.4 By clicking the final button that is clearly labelled as triggering a payment obligation, the customer submits a binding offer to conclude a contract for the products listed in the order process or the selected subscription.
3.5 After successful completion of the order and payment process, the customer receives an electronic confirmation. The contract is concluded upon receipt of the order confirmation, unless expressly stated otherwise during the order process.
3.6 If an order cannot exceptionally be accepted — for example because a unique item is no longer available — the customer will be informed without undue delay. Payments already made will be refunded in that case.
3.7 For original artworks and other unique items, there is no entitlement to delivery of an identical replacement product if the specific unique item is no longer available.
4 Contract language and contract text
4.1 The online shop may be displayed in two languages (English and German). The contract information displayed to the customer during the order process is decisive for the respective contract.
4.2 The essential order data are confirmed to the customer electronically after the order is completed.
4.3 The customer is responsible for permanently storing the contract documents, order confirmations and these Terms and Conditions provided to them.
5 Prices and small-business VAT scheme
5.1 The prices displayed in the online shop or at checkout at the time of the order apply.
5.2 Titanova GbR applies the German small-business VAT scheme pursuant to Section 19 of the German VAT Act (UStG). VAT is therefore not shown separately where the requirements of that scheme are met.
5.3 In addition to the product price, shipping costs may apply. Any shipping costs will be shown to the customer before the order is completed.
5.4 For deliveries to countries outside Germany, additional customs duties, import charges, taxes or other fees may arise. Unless otherwise required by law, these fees are to be borne by the customer and are not included in the purchase price or the shipping costs.
5.5 The customer is responsible for informing themselves about any import charges that may arise in the destination country, insofar as these are not already collected during the order process.
6 Payment terms
6.1 The payment methods available in the respective checkout are shown to the customer before the order is completed.
6.2 Payment processing is handled in particular via the payment service provider Stripe.
6.3 There is no entitlement to the availability of a specific payment method.
6.4 The selected payment method is charged in accordance with the payment process shown at checkout.
6.5 If a payment fails or is declined by the payment service provider, the order or subscription payment cannot be completed successfully.
7 Delivery and shipping area
7.1 Delivery is made exclusively to countries offered in the online shop as available destination countries.
7.2 The provider is not obliged to accept or ship orders to countries that cannot be selected as a destination country in the online shop.
7.3 The customer is obliged to provide a complete and correct delivery address when ordering.
7.4 Delivery times are stated on the respective product page or elsewhere in a suitable place in the online shop.
7.5 For international shipments, delivery times may be extended in particular due to postal transit times, customs clearance or other circumstances in the destination country.
7.6 Print Club shipments and smaller art and stationery products are sent as standard letter mail with a postage stamp. In these cases, shipping is without tracking; a tracking number is therefore not provided.
7.7 Where shipping is offered without tracking, no tracking number is available. The fact that a shipment is offered without tracking does not limit the customer’s statutory rights in the event of loss or non-delivery.
7.8 Other art products are shipped in suitable packaging depending on size, weight and nature. The available shipping method and any shipping costs are shown to the customer before the order is completed.
8 Delivery obstacles and incorrect address details
8.1 If a shipment cannot be delivered due to an incorrect or incomplete delivery address provided by the customer and is returned to the provider, the customer will be informed where possible.
8.2 For a reshipment, the customer may be charged the additional shipping costs actually incurred, provided the customer is responsible for the incorrect address details.
8.3 This does not apply if the failed delivery was caused by the provider or by circumstances for which the provider is responsible.
Special terms for The Frame Print Club
9 Subject matter of the Print Club subscription
9.1 The Frame Print Club is a recurring subscription for physical art and creative products.
9.2 The specific contents of a monthly shipment follow from the current description of the Print Club on the website.
9.3 As this is a creative, regularly changing offer, motifs, materials, colours and design of individual monthly shipments may vary.
9.4 Sample images shown for an issue may serve for illustration. The description published for the respective month is decisive.
10 Start, billing and renewal of the Print Club
10.1 The price shown when the subscription is concluded applies for the respective billing period.
10.2 The Print Club subscription is billed regularly, generally monthly.
10.3 The subscription runs for an indefinite period and renews automatically for the next billing period unless it is effectively cancelled.
10.4 Recurring payments are processed via the payment method selected when concluding the subscription and stored with Stripe.
10.5 The signup or cut-off date applicable to a specific monthly shipment is stated on the Print Club page.
10.6 If the subscription is concluded after a cut-off date stated for the current issue, membership may only be considered for the next issue.
11 Shipping of the Print Club
11.1 Print Club shipments are generally sent within the monthly shipping window stated on the Print Club page.
11.2 Shipping generally takes place on the 21st of each month.
11.3 Depending on the destination country, delivery may take several weeks, particularly for international shipping.
11.4 Shipping is as standard letter mail without tracking.
11.5 The customer’s statutory rights in the event of non-delivery, loss or defects remain unaffected.
12 Cancellation of the Print Club subscription
12.1 The Print Club subscription may be cancelled by the customer in accordance with the terms stated during the order process.
12.2 Unless a different notice period has been expressly agreed, the subscription may be cancelled at the end of the current billing period.
12.3 Cancellation ends future renewals of the subscription. Claims that have already fully arisen for a current billing period remain unaffected where legally permitted.
12.4 The customer’s statutory rights, in particular the right of withdrawal, remain unaffected by the cancellation option.
13 Failed payments for the Print Club
13.1 If a recurring payment cannot be processed successfully, the payment service provider may make further payment attempts in accordance with its technical payment processing.
13.2 The customer may be asked to update their payment information.
13.3 If due payment claims persist permanently, further performance of the subscription may be suspended or terminated in accordance with applicable law.
13.4 Rights of both parties that have already arisen by law or contract remain unaffected.
14 Changes to the Print Club offer
14.1 The artistic design and composition of monthly Print Club contents may vary from month to month and form part of the character of the offer.
14.2 Material changes to the subject matter of the contract, the subscription price or other essential contract terms are not made unilaterally to the customer’s detriment unless there is a statutory or contractual basis for doing so.
14.3 Changes that apply to future new contracts do not automatically affect existing contracts.
General provisions
15 Right of withdrawal
15.1 Consumers generally have a statutory right of withdrawal for distance contracts.
15.2 Details of the right of withdrawal, the withdrawal period, how to exercise it and the effects of withdrawal are set out in the separate cancellation policy on the website.
15.3 A model withdrawal form is also provided separately.
15.4 The statutory rules contained in the separate cancellation policy remain unaffected by these Terms and Conditions.
16 Exceptions to the right of withdrawal
16.1 Where a statutory exception to the right of withdrawal applies to a specific product, the customer will be informed of this before the contract is concluded.
17 Effects of withdrawal and returns
17.1 The effects of a valid withdrawal are governed by statutory provisions and the separate cancellation policy.
17.2 In the event of a valid withdrawal, the customer must return goods within the statutory time limits.
17.3 The customer bears the direct costs of returning the goods.
17.4 The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
18 Retention of title
Delivered goods remain the property of the provider until the purchase price has been paid in full.
19 Statutory warranty rights
19.1 Statutory warranty rights apply to the goods offered.
19.2 The provider does not give any guarantee going beyond the statutory warranty rights.
19.3 In the event of justified complaints, the customer may contact the provider at gheddisehzar@gmail.com.
19.4 Minor variations typical of handmade artworks as described above do not in themselves constitute a material defect, provided the agreed quality is maintained.
20 Copyright and rights of use in artworks
20.1 All artworks, illustrations, designs, photographs, prints, texts and other creative content offered or displayed on the website may be protected by copyright.
20.2 By purchasing an original, print, sticker or other physical product, the customer acquires only ownership of the respective physical copy.
20.3 The purchase does not transfer any copyright or other rights of use in the underlying work.
20.4 In particular, without corresponding consent the customer is not entitled to commercially reproduce, copy, digitise, publish, sublicense or use the purchased artwork or the artwork depicted on it for commercial products.
20.5 The statutory rights of the owner of a physical copy of a work remain unaffected.
21 Liability
21.1 The provider is liable without limitation for damages arising from injury to life, body or health.
21.2 For other damages, the provider is liable without limitation in cases of intent and gross negligence.
21.3 In the event of slightly negligent breach of material contractual obligations, the provider is liable in accordance with statutory provisions. A material contractual obligation is an obligation whose fulfilment is essential to the proper performance of the contract and on which the contracting party may regularly rely.
21.4 Mandatory statutory liability provisions remain unaffected.
22 Technical availability
22.1 The provider endeavours to keep the online shop available with as little disruption as possible.
22.2 Continuous, uninterrupted availability of the website cannot be technically guaranteed.
22.3 Temporary technical disruptions, maintenance work or outages of third-party providers do not affect contracts already validly concluded.
23 Consumer dispute resolution
The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
24 Applicable law
24.1 All contractual relationships between the provider and the customer are governed by the law of the Federal Republic of Germany.
24.2 If the customer is a consumer and has their habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected by this choice of law.
25 Final provisions
25.1 If individual provisions of these Terms and Conditions are or become wholly or partly invalid, the remaining contractual provisions remain unaffected.
25.2 An invalid provision or a provision that did not become part of the contract is replaced by the applicable statutory provisions.
25.3 Amendments or additions to these Terms and Conditions apply to future contracts in the version provided at the time the contract is concluded.