General Terms and Conditions (GTC)

As of: June 2026 — Galerie & Kunsthandel Bergmann

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") exclusively govern the contractual relationship between Galerie & Kunsthandel Bergmann (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer").

1.2 Any conflicting, contradictory, or supplementary terms and conditions of the Customer shall not be recognized unless the Seller has expressly agreed to their validity in writing (text form).

2. Conclusion of Contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog (invitation to treat). By clicking the order button, the Customer places a binding offer to purchase.

2.2 The contract is concluded depending on the selected payment method as follows:

• For payment via advance payment / bank transfer: The contract is concluded if we send the Customer an express order confirmation in writing (e.g., via email) within 5 business days or dispatch the goods to the Customer.
• For payment via instant payment service providers (e.g., PayPal, credit card): The contract is concluded at the very moment the Customer completes the ordering process by clicking the order button and authorizes the payment transaction.

2.3 Once the contract has been concluded, subsequent modifications to the order (in particular regarding dimensions or motifs for custom-made products) are generally no longer possible, unless both contracting parties expressly agree otherwise in writing (text form).

3. Terms of Payment and Prices

3.1 All prices stated in our online shop are final prices. They include the statutory German value added tax (VAT). Additional shipping and delivery costs will be displayed separately within the framework of the respective product description as well as during the ordering process.

3.2 We offer the following payment methods, unless otherwise specified in the respective product description:

• Advance payment via bank transfer
• PayPal
• Credit card (Visa / Mastercard)
• Invoice (only for existing customers starting from their second order)

We do not charge the Customer any additional fees for utilizing the offered payment methods.

4. Shipping and Delivery

4.1 Delivery Times and Deadlines: Estimated delivery and completion periods are specified for each respective product in the online shop. Binding delivery dates require confirmation in writing (e.g., via email). If compliance with deadlines becomes impossible due to force majeure, labor disputes, or other unpredictable obstacles beyond our control, the delivery period shall be extended for the duration of the obstacle. If the delay lasts longer than one month, both contracting parties are entitled to rescind the contract with regard to the goods not yet delivered.

4.2 Partial Deliveries: We are entitled to make partial deliveries, provided that this is reasonable for you and does not incur any additional shipping costs for you.

4.3 Shipping Costs and Customs Duties: The applicable shipping costs will be clearly displayed during the ordering process. Deliveries to non-EU countries and Switzerland will only be made by prior individual agreement. For deliveries to countries outside the European Union, additional costs may incur in individual cases which are beyond our control and must be borne by you. These include, for example, costs for monetary transactions by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties).

4.4 Default of Acceptance: If you, as the Customer, fall into default of acceptance, we reserve the right to claim compensation for any resulting damages incurred by us (e.g., storage costs). You reserve the right to prove that lesser or no damage has occurred.

4.5 Transport Damage: If goods are delivered with obvious transport damage, we kindly ask you to complain about such defects to the delivery agent as soon as possible and to contact us immediately. Failure to file a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

5. Retention of Title

The delivered goods remain the property of the Seller until full payment of the purchase price for the respective order has been received.

6. Limitation of Liability

6.1 Liability of the Seller: We shall be liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by us or our vicarious agents. Likewise, we shall be liable without limitation for other damages resulting from an intentional or grossly negligent breach of duty as well as fraudulent intent.

6.2 Liability for Slight Negligence: In the event of a breach of essential contractual obligations (obligations whose fulfillment is vital for the proper execution of the contract in the first place and on whose compliance the customer may regularly rely), we shall only be liable for the contractually typical, foreseeable damage in cases of slight negligence. In all other cases of slight negligence, our liability shall be excluded.

7. Third-Party Intellectual Property Rights for Customer Templates

7.1 If the Customer submits their own templates (e.g., photos, sketches, digital images) for the creation of an oil painting or frame, the Customer warrants that these templates are free of third-party rights and do not infringe upon any copyrights, trademarks, or other intellectual property rights of third parties.

7.2 The Customer shall indemnify and hold the Seller harmless from all legitimate claims asserted by third parties against the Seller due to an infringement of their intellectual property rights resulting from the contractual use of the Customer's template, provided that the Customer is responsible for the infringement. This also includes the reasonable costs of legal defense. The Customer is obliged to support the Seller immediately with all necessary information in defending against such claims.

7.3 We reserve the right to reject orders or rescind the contract if there are concrete indications that the submitted templates infringe upon third-party rights or statutory regulations.

8. Liability for Defects (Warranty)

8.1 The statutory provisions on liability for defects (warranty) shall apply. The warranty period is two years from the delivery of the goods to the Customer.

8.2 In the case of hand-painted oil paintings and individually manufactured picture frames, minor deviations caused by production or material characteristics (e.g., in color shades, brushstroke texture, or natural wood grain) compared to the representations on the internet do not constitute defects, provided they are reasonable for the Customer and do not impair the contractually intended purpose.

8.3 If a material defect exists, the Customer is entitled to the statutory rights of supplementary performance (at the Customer's option either by remedying the defect or by delivering new goods), reduction of the purchase price, or rescission of the contract.

8.4 Claims for damages due to defects shall be governed by the provisions in Section 6 (Limitation of Liability) of these GTC.

9. Copyright in Created Artworks

9.1 The copyrights in the artworks and oil paintings created by the Seller remain the property of the Seller. Upon full payment, the Customer receives a non-exclusive, non-transferable license to use the artwork for private purposes. Commercial reproduction, distribution, or publication (including on the internet or on social media for business purposes) requires the prior written consent (text form) of the Seller.

9.2 The Seller shall only use commissioned works (e.g., portraits based on customer templates) or the associated image templates for their own marketing purposes (e.g., as a reference on the website or on social media) if the Customer has granted their express prior consent. This consent is voluntary and may be revoked by the Customer at any time with effect for the future.

10. Rental of Artworks

If the Seller offers the rental of artworks or paintings, a contract is not concluded directly via the online shop system. The terms and conditions for rental shall be agreed upon in a separate, individual rental agreement between the lessor and the lessee in writing (text form).

11. Final Provisions

11.1 Choice of Law: The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2 Place of Jurisdiction: If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the registered office of the Provider shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship.

11.3 Severability Clause: Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provisions, the statutory regulations shall apply.