General Terms and Conditions

Please note:
The following terms and conditions have been automatically translated. We do not warrant for any inaccuracies in the translation. You can find the German original here.

§ 1 Scope of application

1. Anja Becker Art, Anja Becker, Merowingerweg 7, 22143 Hamburg, Germany (hereinafter: “we” or “weddingpainter”) operates an offer for personalised works of art and live painting on the websites www.diehochzeitsmalerin.de, www.theweddingpainter.art, www.anjabecker.art and on the corresponding social media accounts. The following general terms and conditions apply to all contracts between the wedding painter and her customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
2. Our General Terms and Conditions (GTC) apply exclusively. Deviations from these GTC must be made in writing. We do not recognise deviating terms and conditions even if we execute the order without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions.
3. These GTC shall also apply to future business relationships and need not be expressly agreed again.
4. Agreements that we have made with the customer that deviate from or supplement the GTC shall take precedence over the GTC.
5. We understand a service to be the provision of an artistic service, commissioned art, live painting and artistic advice.

§ 2 Offers

1. The presentation of our products and services on our website and our profiles in the social networks does not constitute a legally binding offer. It is merely an invitation to request quotations. The feasibility of the realisation of a service will be checked by us in each individual case and confirmed if necessary.
2. The following regulations apply when a request for quotation is received on our website: The customer submits a contract offer by successfully completing the procedure provided on the website.
   The enquiry is made in the following steps:
   1. Selection of the desired product package
   2. Sending an order enquiry using the “save the date” form or the “studio package” form
   3. Retrieve the individual offer sent by e-mail from the weddingpainter
   4. Placing the order by signing the offer and returning it to the weddingpainter
   5. Transferring the deposit specified in the offer
3. Upon acceptance of the offer, the contract is concluded with Anja Becker Art, Merowingerweg 7, D-22143 Hamburg, Germany
4. Communication and transmission of all information required in connection with the conclusion of the contract shall take place by e-mail or telephone. You must therefore ensure that the e-mail address and contact information you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
5. Our offers are subject to change and non-binding.
6. The agreed desired date shall only be deemed reserved upon payment of the deposit and confirmation by the wedding painter.
7. The customer is not authorised to assign claims arising from the contractual relationship to third parties without our consent.

§ 3 Prices, shipping costs and delivery

1. The prices quoted in the respective offers are total prices and include the value added tax applicable at the time the order is placed.
2. Payment of the order must be made exclusively to the account specified in the offer. The deduction of discounts is not permitted.
3. Costs for delivery and dispatch may be incurred in addition to the prices quoted. These are shown separately in the individual offer.
4. Customs and import costs are to be borne by the customer.
5. We reserve the right to change our prices accordingly for continuing obligations and for services to be rendered later than six weeks after conclusion of the contract if cost reductions or cost increases occur after conclusion of the contract, e.g. due to changes in shipping conditions, price adjustments by suppliers or changes in raw material prices.
6. Delivery shall be made worldwide.
7. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

§ 4 Terms of payment

1. It is agreed that a down payment of 50% of the order amount is due upon acceptance of the offer. This down payment is non-refundable.
2. All payments shall be made electronically by bank transfer to the bank account specified on offers or invoices.
3. Unless otherwise agreed, invoices issued are due for payment within 5 working days of receipt of the invoice. From the 6th calendar day, the customer is in default without the need for a special reminder.
4. The assertion of rights of retention or offsetting with counterclaims of any kind, regardless of the legal basis or other deductions, is not permitted.
   This shall not apply if the counterclaims have been recognised by declaratory judgement or are undisputed. However, the purchaser is also entitled to withhold payment due to counterclaims arising from the same contractual relationship.
5. Our invoices are deemed to be recognised if the customer does not object in writing within two weeks of the invoice date.
6. Invoices shall be sent in paperless form by e-mail.
7. If the customer is a merchant within the meaning of the German Commercial Code (HGB), we shall be entitled to charge interest on arrears at a rate of 2% p.a. above the respective base interest rate, but at least 9% p.a., for the period prior to the occurrence of default. From the time of default, we are entitled to demand interest on arrears from the customer, even if he is not a merchant within the meaning of the German Commercial Code (HGB), at a rate of 6% p.a. above the respective base interest rate. If we can prove a higher damage caused by default, we are entitled to claim this.
8. Should an ongoing order, which is dependent on feedback from the customer for further progress, remain with the customer for a period of more than 4 weeks without progress, the wedding painter shall have the right to issue the final invoice for the outstanding order value. Of course, the work will be continued or completed as soon as the project can be continued by the customer through feedback.
9. We are authorised to provide partial services for which partial invoices can be issued.

§ 5 Cancellation of contract

1. Withdrawals or cancellations of binding reservations must be made in text form and must be confirmed by the contractor. Cancellation free of charge is no longer possible after conclusion of the contract. In the event of cancellation by the customer, the following agreed cancellation fees shall apply:

• Up to six months before the wedding reception
  • 50% of the order amount
• Up to 30 calendar days before the wedding ceremony
  • 75% of the order amount
• Less than 30 calendar days before the wedding reception
  • 100% of the order amount
• The cancellation fees incurred are exclusive of any additional costs already incurred.
• Should the wedding painter not be able to be on site on the agreed date of the wedding ceremony for an important reason (e.g. illness, death, etc.), she shall be entitled to change the contract to a studio order with a comparable scope of services.

§ 6 Return, exchange

1. The works of art offered by the wedding painter are personalised one-off productions. These are excluded from return and exchange.

§ 7 Execution of the order

1. The dates for the services to be provided must be agreed in writing before the order is carried out and verified with the payment of the deposit. We shall only recognise a change to these dates as binding if it has been mutually agreed. This must be in writing.

§ 8 Warranty

1. The assertion of warranty rights presupposes that the customer has duly fulfilled his obligations to inspect and give notice of defects in writing in accordance with § 377 HGB. Defective performance, to which § 377 HGB does not apply, must be reported within a preclusion period of two weeks from the time the defective performance is recognised. Complaints or notifications of defects must be made in writing.
2. If there is a defect, we shall be entitled to repair or replace the goods. If the repair or replacement delivery fails, the customer may demand a reduction in payment at his discretion.

§ 9 Liability

1. Claims for damages by the customer are excluded.
2. The exclusion of liability pursuant to para. 1 shall not apply in the event of intentional and grossly negligent behaviour, for claims due to the absence of a warranted characteristic, for claims pursuant to §§ 1, 4 of the Product Liability Act, in the event of injury to life and health and in the event of a slightly negligent breach of material contractual obligations.
3. However, in the event of a slightly negligent breach of material contractual obligations, liability shall be limited to compensation for typical damage foreseeable at the time the contract was concluded. The same applies to gross negligence on the part of ordinary vicarious agents.
4. To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our representatives and subcontractors.
5. Should equipment or property of the wedding painter be damaged, stolen or destroyed during the performance of the live painting (e.g. through carelessness, intent, theft, weather, water or fire damage) and the perpetrator cannot be clearly identified, the customer shall be liable in lieu thereof and shall be obliged to pay compensation or replacement.

§ 10 Rights of third parties

1. The customer guarantees that – if we carry out the order according to his specifications – this does not infringe the rights of third parties.
2. If claims are asserted against us by a third party due to an infringement of its rights, the customer shall be obliged to indemnify us against these claims. The obligation to indemnify shall also apply to all expenses necessarily incurred by us in connection with the claim by a third party.

§ 11 Photo and video recordings

1. We are entitled to use photographs and video recordings of the painting made by us in the course of the artistic realisation in the context of self-promotion and for advertising and marketing measures. This includes, but is not limited to, the presentation of the finished work of art on our online presences as well as recordings showing the creation process.

§ 12 Retention of title, right of lien

1. We reserve title to all services delivered by us until receipt of all payments arising from the business relationship with the customer.
2. The customer may neither pledge nor assign by way of security the service subject to retention of title and must notify us immediately of any seizures made at the instigation of third parties.
3. By placing the order, the customer shall grant us the right to retain items that come into our possession in the normal course of business as a pledge until all outstanding claims have been settled up to the amount of the final invoice including VAT.

§ 13 Deterioration of the customer’s assets

1. If, after conclusion of the contract, we become aware of facts that call into question the customer’s ability to pay, we shall be entitled to demand full payment or corresponding security before further execution of the order or to withdraw from the contract after setting a reasonable deadline for full payment or provision of security.
2. Facts that call the customer’s solvency into question are, in particular, sustained seizures or other enforcement measures, suspension of payments and an application to open insolvency proceedings.

§ 14 Force majeure

1. If delivery/performance is not possible due to force majeure, in particular due to shortages of raw materials, energy and labour, industrial disputes, serious transport disruptions, operational disruptions for which we are not responsible or unforeseeable, official measures for which we are not responsible or other events for which we are not responsible, we shall not be obliged to deliver/perform as long as the impediment to performance persists.

§ 15 Right of retention, retention of title

1. The customer is only authorised to offset and to assert §§ 273, 320 BGB if his counterclaims are either undisputed or have been legally established.

§ 16 Place of jurisdiction

1. All legal relationships shall be governed exclusively by German law. The place of jurisdiction is Hamburg. We shall also be entitled to take legal action at the customer’s registered office instead.

§ 17 Severability clause

1. Should individual provisions of these General Terms and Conditions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected