Terms and Conditions

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OYENOS Galerie

General Terms and Conditions (GTC)

§ 1 Non-binding inquiry (no binding online offer)

1. The presentation of artworks, images, and patterns on the website does not constitute a legally binding offer by the provider.
2. It merely represents a non-binding invitation to the customer to submit an inquiry via email regarding availability, possible printing methods, dimensions, or custom specifications (invitation to submit an offer).

§ 2 Conclusion of Contract via E-Mail

1. Based on the customer’s non-binding inquiry, the provider sends the customer an individual, specific offer in text form (via email, including the offer as a PDF).
2. A legally binding purchase contract is concluded the moment the customer expressly and unconditionally confirms this offer via email (e.g., through a clear statement such as „I accept the offer,“ „I hereby purchase the artwork as per the offer,“ or a confirmation to that effect).
3. Following the customer’s confirmation, the provider sends the customer an invoice for payment. Production or provision of the artwork begins only after full payment has been received.

§ 3 Payment & Retention of Title

1. Payment must be made exclusively in advance via bank transfer. The full invoice amount is due immediately upon receipt of the invoice, without deduction.
2. The sold artwork (whether physical prints or digital image files) remains the legal property of the provider until the purchase price has been paid in full. Links, digital data, or the item itself will only be made available or handed over to the shipping service provider once the full amount has been credited to the provider’s account.

§ 4 Delivery, Shipment, and Transfer of Risk

1. Digital image files (downloads): Digital image files are delivered by providing a download link or as an email attachment sent to the email address specified by the customer. The customer is informed in advance that their statutory right of withdrawal regarding the provision of digital content expires as soon as the provider has commenced performance of the contract (provision of the download/sending of the email). The customer expressly consents to this early expiration when placing the order.

2. Physical prints (art prints / custom-made items): Physical prints and custom-made items (e.g., rolled art prints, framed works) are delivered to the delivery address specified by the customer via a specialized art printing service or a transport service provider. Costs for packaging, insured shipping, and any applicable special charges for art transport will be explicitly itemized for the customer in the individual quote and must be borne by the customer. If the customer is a consumer, the risk of accidental loss or deterioration of the goods passes to the customer only upon handover of the goods to the customer. If the customer is a business, the risk passes to the customer as soon as the goods are handed over to the transport company.

§ 5 Copyright and Rights of Use

1. All artworks and image files created, presented, and sold by the provider are protected by copyright worldwide.
2. Upon purchasing a physical image or a digital image file, the customer acquires solely physical ownership of the tangible work or the right to private possession and viewing.
3. No copyrights, reproduction rights, or commercial usage rights are transferred to the customer.
4. In particular, the customer is not permitted to reproduce, digitally or physically copy, or alter the artwork or digital image file; to publish it on the internet or social media; to use it for their own advertising purposes; or to commercially reuse or resell it as their own art. Any use extending beyond purely private use requires the provider’s prior, express written consent.
5. Any unauthorized use, reproduction, or publication constitutes copyright infringement and will be subject to civil and criminal legal action..

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