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Terms and Conditions

St’Art Atelier

Last updated: 8 August 2026

1. Scope and Contracting Party

These Terms and Conditions apply to contracts for the purchase and delivery of artworks and for the creation and delivery of individually commissioned artworks concluded through the St’Art Atelier online shop or on the basis of an individual quotation.

The contracting party is:

St’Art Atelier, Sarah Bracke, Greifswalder Straße 196, 10405 Berlin, Germany, Email: hello@startatelier.de.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

A trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

The version of these Terms and Conditions in force at the time the contract is concluded shall apply.

2. Conclusion of the Contract

The presentation of artworks and other offers in the online shop does not constitute a binding offer to enter into a contract.

By submitting an order using the final order button, the customer makes a binding offer to enter into a contract for the items contained in the shopping basket.

An automatically generated acknowledgement of receipt merely confirms that the order has been received and does not constitute acceptance of the order unless it is expressly designated as an order confirmation.

The contract is concluded when St’Art Atelier accepts the order by sending an order confirmation in text form. Where St’Art Atelier requests payment following the order and provides the relevant payment information, this shall likewise constitute acceptance unless expressly stated otherwise.

For individually commissioned artworks agreed on the basis of a separate quotation, the contract is concluded when the customer accepts that quotation.

3. Individually Commissioned Artworks

For individually commissioned artworks, the expressly agreed characteristics of the artwork, including in particular the subject matter, dimensions, materials, colour scheme and any other customer-specific requirements, shall be decisive.

Where the agreement leaves St’Art Atelier a degree of artistic discretion, the exercise of that artistic discretion forms part of the agreed characteristics of the commissioned artwork.

Handmade and artistically created works may exhibit minor variations resulting from the materials used or the artistic and manual production process, provided that such variations do not affect any expressly agreed characteristic of the artwork.

Measurements expressly stated as “approx.” are approximate.

For individually manufactured, non-fungible works, any statutory rights of termination existing prior to completion and the statutory consequences of such termination remain unaffected.

4. Prices and Payment

All prices shown in the online shop are final prices in euros.

VAT is not charged pursuant to the small business regulation under Section 19 of the German Value Added Tax Act (UStG).

Shipping costs may be payable in addition to the stated price. The shipping costs applicable to the respective order are displayed to the customer during the ordering process before the order is submitted.

Unless otherwise stated in the respective offer or during the ordering process, payment is made in advance by bank transfer.

The invoice amount becomes due upon conclusion of the contract and receipt of the payment
information.

St’Art Atelier is entitled to withhold delivery or, in the case of commissioned artworks, to withhold the commencement or continuation of the work until the agreed payment has been received.

5. Delivery and Shipping

Delivery is available only to the countries and territories that can be selected as delivery destinations during the respective ordering process.

The applicable shipping costs are displayed before the order is placed.

The delivery period is specified in the respective product description or, in the case of individually commissioned artworks, in the individual agreement.

For deliveries to countries outside the European Union, any import duties, customs duties, taxes or
comparable public charges that may arise are not included in the purchase price or shipping costs
charged by St’Art Atelier and shall be borne by the recipient in accordance with the applicable
regulations.

6. Retention of Title

The delivered artwork remains the property of St’Art Atelier until the agreed purchase price has been paid in full.

7. Right of Withdrawal

Consumers generally have a statutory right of withdrawal in respect of distance contracts.

Details are set out in the separate Withdrawal Policy provided by St’Art Atelier.

In particular, the statutory right of withdrawal does not apply to contracts for the supply of goods
that are not prefabricated and the production of which is governed by an individual choice of, or
decision by, the consumer, or that are clearly tailored to the personal needs of the consumer.

This may apply in particular to artworks individually created in accordance with a customer’s specifications.

Whether this exception applies depends on the circumstances of the individual order. The mere designation of an artwork as a “commissioned artwork” does not in itself exclude the right of withdrawal.

Where a right of withdrawal exists, it may also be exercised using the electronic withdrawal function provided on the website.

8. Statutory Rights in Respect of Defects

The statutory rights in respect of defects apply.

Nothing in these Terms and Conditions concerning the handmade or artistic nature of an artwork limits the customer’s statutory rights in respect of defects.

In particular, any expressly agreed characteristics and specifications of the respective artwork remain binding.

9. Liability

St’Art Atelier’s liability is governed by the statutory provisions.

10. Ownership of the Artwork and Copyright

Upon full payment and handover or delivery, the customer acquires ownership of the physical artwork.

The acquisition of ownership of the artwork does not include the transfer of any rights of use or exploitation under copyright law unless expressly agreed otherwise.

The statutory rights of the owner of the original artwork remain unaffected.

Any further grant of rights of use under copyright law requires a separate agreement.

11. Governing Law

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12. Jurisdiction for Traders

If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for disputes arising from the contractual relationship.

The statutory rules on jurisdiction apply to consumers.