GENERAL TERMS AND CONDITIONS

Art Paint Shop
Last updated: January 31, 2026

1. SCOPE OF APPLICATION AND VENDOR INFORMATION

1.1. Contractual Parties

These General Terms and Conditions (GTC) govern the legal relationship between Rave Painter's Shop UG (haftungsbeschränkt), conducting business as Art Paint Shop (hereinafter referred to as the "Vendor"), and the customer (hereinafter referred to as the "Customer").

Registered Office: Hauptstraße 194, 79739 Schwörstadt, Germany.
Managing Directors: Calin Popa and Elena Andronescu.

1.2. Consumer and Entrepreneur Definitions

The Vendor provides services to both consumers and entrepreneurs. The following legal definitions apply:

Consumer: Pursuant to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
Entrepreneur: Pursuant to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Exclusivity and Priority of Terms

These GTC shall apply exclusively. Any terms and conditions provided by the Customer that deviate from, contradict, or supplement these GTC shall not be recognized unless the Vendor expressly consents to their validity in writing. This requirement for written consent applies in all instances, including cases where the Vendor performs delivery without reservation while being aware of the Customer's conflicting terms.

1.4. User Accounts and Registration

Registration within the Online Store is generally optional; however, certain features may require the creation of a User Account.

Accuracy of Information: The Customer agrees to provide accurate, complete, and current information during the registration process and to update such data promptly in the event of changes.
Credential Security: The Customer is solely responsible for maintaining the confidentiality of their account credentials and for all activities occurring under their account.
Suspension: The Vendor reserves the right to suspend or terminate accounts without prior notice in the event of suspected misuse, fraudulent activity, or a material breach of these legal terms.

2. OFFERS AND SERVICE DESCRIPTIONS

2.1. Nature of the Online Presentation (Invitatio ad offerendum)

The presentation and advertising of products within the Vendor’s online shop do not constitute a legally binding offer to conclude a purchase contract. Instead, they represent a non-binding invitation for the Customer to submit a purchase offer (invitatio ad offerendum). Product descriptions contained in digital or printed catalogs, as well as those on the Vendor's website, do not constitute a legal promise of specific characteristics or a formal guarantee.

2.2. Availability and Reservations

All offers are subject to change and are valid only "while stocks last" unless explicitly stated otherwise in the respective product description. The Vendor reserves the right to correct errors and omissions.

2.3. Visual Representation

Product images, illustrations, and color charts provided on the website are for indicative purposes only. The Vendor notes that the actual appearance of the goods may vary slightly from the digital representation due to differences in device display settings, screen resolution, and color calibration of the Customer’s hardware. Such deviations do not constitute a product defect insofar as they are reasonable for the Customer.

3. ORDER PROCESS AND CONCLUSION OF CONTRACT

3.1. Technical Steps and Submission of Offer

The Customer may select products from the Vendor's range and collect them in a virtual "Basket." By clicking the "Order with obligation to pay" button (or an equivalently worded, legally compliant button), the Customer submits a binding legal offer to purchase the goods currently held in the basket.

3.2. Acknowledgment of Receipt

Following the submission of the order, the Vendor will send an automated confirmation of receipt via email. This notification serves exclusively to document that the order has been received by the Vendor’s system; it does not constitute a formal acceptance of the Customer's offer.

3.3. Formation of the Contract

A binding purchase contract is only finalized and legally effective when one of the following occurs:

The Vendor issues a formal Order Confirmation or a specific Invoice via email; or
The Vendor dispatches the ordered products to the Customer and confirms shipment.

3.4. Special Provisions for Advance Payment

If the "Advance Payment" method is selected, the contract is deemed concluded at the moment the Vendor provides bank details and issues the payment request to the Customer.

Payment Deadline: Payment is due immediately upon contract conclusion.
Right of Withdrawal for Non-Payment: If the Vendor does not receive payment within 10 calendar days after sending the order confirmation—despite a subsequent reminder—the Vendor reserves the right to withdraw from the contract. In this event, the order is cancelled with no further obligations for either party.

4. PRICES AND DELIVERY COSTS

4.1. Currency and Taxation

All prices listed in the online store are quoted in Euros (€) and represent total prices. In accordance with German fiscal regulations, these prices include the applicable statutory Value Added Tax (VAT).

4.2. Pricing Errors and Corrections

The Vendor makes every effort to ensure pricing accuracy. However, in the event of an obvious clerical or technical error resulting in an incorrect price listing (e.g., extreme deviations from market value), the Vendor is not legally bound to the incorrect price and reserves the right to contest the contract based on error (§ 119 BGB).

4.3. Shipping and Handling Fees

Delivery costs are charged in addition to the stated product prices. These fees are clearly calculated and displayed to the Customer during the checkout process before the binding order is submitted.

4.4. International Orders (Non-EU)

For deliveries to countries outside the European Union, additional costs may arise for which the Vendor is not responsible and which must be borne by the Customer. These include, but are not limited to:

Customs duties and import taxes.
Transaction fees charged by financial institutions for international transfers.

5. DELIVERY AND TRANSFER OF RISK

5.1. General Delivery Conditions and Territories

The Vendor ships to the EU/EEA and selected international territories. Standard delivery times are typically between 6-8 working days.

Indicative Nature: Estimated delivery dates provided are indicative and do not constitute a fixed-date guarantee.
Extensions: Delivery periods shall be extended appropriately in instances of force majeure or unforeseen events beyond the Vendor’s control (e.g., strikes, natural disasters, or official import/export restrictions).
Information: Detailed shipping costs and specific delivery conditions can be reviewed at any time via the dedicated shipping information page.

5.2. Delivery via Freight Forwarding

For oversized or heavy items requiring a freight forwarder, the following terms apply:

Scheduling: The commissioned carrier will contact the Customer directly using the provided contact details to coordinate a specific delivery window.
Scope of Service ("Frei Bordsteinkante"): Unless expressly agreed otherwise in writing, delivery is performed as "curbside delivery" (frei Bordsteinkante). The goods will be unloaded at the first public curb at the delivery address. Any subsequent transport into the building, as well as assembly or installation, remains the sole responsibility of the Customer.
Failed Delivery Costs: If delivery is unsuccessful because the Customer is not present at the agreed-upon time—provided the carrier gave reasonable notice—the Customer shall be liable for any additional costs incurred for redelivery, return shipment, or intermediate storage.

5.3. Transfer of Risk

The passing of legal risk regarding the goods is governed by the following:

For Consumers: Pursuant to German law, the risk of accidental loss or accidental deterioration passes to the Customer only upon physical delivery of the goods to the Customer or a designated third party.
For Entrepreneurs: In accordance with § 447 BGB, the risk passes to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier, or any other party designated to perform the shipment.

6. STATUTORY RIGHT OF WITHDRAWAL (EU/EEA CONSUMERS ONLY)

6.1. Instructions on the Right to Withdraw

If you are a consumer residing within the European Union or the European Economic Area (EEA), you possess a statutory right to withdraw from this contract within fourteen (14) days without providing a justification.

The Period: The withdrawal period expires fourteen days from the day on which you, or a third party designated by you (excluding the carrier), take physical possession of the goods.

6.2. Exercise of the Right of Withdrawal

To exercise your right, you must notify us (Rave Painter's Shop UG, Hauptstr. 194, 79739 Schwörstadt, Germany; email: contact-us@art-paint.shop) of your decision to withdraw through an unequivocal statement (e.g., a letter sent by post or an email).

For your convenience, you may utilize the Model Withdrawal Form provided below or submit your request electronically via our dedicated returns portal: https://art-paint.shop/returns-refund.

If you utilize the electronic submission option, we will provide an acknowledgment of receipt on a durable medium (e.g., via email) without delay. To meet the deadline, it is sufficient that your communication regarding the exercise of this right is sent before the fourteen-day period has expired.

6.3. Consequences of Withdrawal

Upon a valid withdrawal, we shall reimburse all payments received from you, including the costs of standard delivery (with the exception of supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us).

Refund Timeline: Reimbursement will be processed within fourteen (14) days from the day we receive your notice of withdrawal.
Retention Right: We reserve the right to withhold reimbursement until we have received the goods back or until you have provided proof of return, whichever occurs earlier.
Return Costs: The Customer bears the direct costs of returning the goods.
Depreciation: You are 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 items.

6.4. Exclusions from the Right of Withdrawal

The right of withdrawal is excluded by law in the following instances:

Personalized Goods: The delivery of goods made to the Customer’s specifications or clearly tailored to personal needs.
Hygiene & Health: The delivery of sealed goods which are unsuitable for return due to health protection or hygiene reasons, provided the seal was removed after delivery.
Inseparable Mixing: The delivery of goods which, according to their nature, have been inseparably mixed with other items after delivery.

7. VOLUNTARY RETURNS POLICY (INTERNATIONAL/NON-EU CONSUMERS)

7.1. Scope of the Voluntary Policy

For Customers whose habitual residence is located outside of the European Union (EU) or the European Economic Area (EEA), a statutory right of withdrawal under EU law does not apply. However, the Vendor provides a voluntary 14-day return policy as a courtesy to our international customers.

7.2. Conditions for Return

A return under this voluntary policy will only be accepted if the following criteria are met:

Condition of Goods: The items must be returned in their original, unopened packaging, remain unused, and be in a fully resalable condition.
Notification: The Customer must contact the Vendor's customer service department prior to returning the goods to receive specific return instructions.

7.3. Refund Limitations and Costs

Refund Amount: Reimbursement is strictly limited to the purchase price of the product.
Non-Refundable Costs: Original outbound shipping fees, return shipping costs, and any customs duties, import taxes, or administrative fees incurred during the initial delivery or the return process are strictly non-refundable.
Return Logistics: The Customer is solely responsible for organizing the return shipment and ensuring that the goods reach the Vendor safely.

7.4. Reservation of Local Rights

This voluntary policy is provided without prejudice to any mandatory local consumer protection laws that may apply in the Customer’s specific jurisdiction. In the event of a conflict between this policy and mandatory local regulations, the latter shall prevail.

8. STATUTORY WARRANTY AND LIABILITY

8.1. Statutory Warranty Rights (Mängelgewährleistung)

The Customer is entitled to statutory warranty rights in accordance with §§ 434 et seq. of the German Civil Code (BGB).

Limitation Period: For Consumers, the limitation period for warranty claims is two years from the date of delivery. For Entrepreneurs, the limitation period is restricted to one year from the transfer of risk.
Duty to Inspect (B2B): If the Customer is an entrepreneur, the provisions of § 377 of the German Commercial Code (HGB) apply, requiring the immediate inspection of goods and notification of any defects.

8.2. Scope of Liability

The Vendor shall be liable without limitation:

for intent and gross negligence,
for damages resulting from injury to life, body or health, and
under the provisions of the German Product Liability Act (Produkthaftungsgesetz).

In the event of slightly negligent (simple negligent) breaches of material contractual obligations (cardinal duties), the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely (Kardinalpflichten), the Vendor’s liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion of the contract.

The above limitations of liability shall apply to all contractual, quasi‑contractual and statutory claims for damages, irrespective of the legal basis, with the exception of claims under the German Product Liability Act.

Any further liability of the Vendor in cases of simple negligence is excluded. This shall include, in particular, liability for indirect or consequential damages and lost profit, provided that no material contractual obligations are affected and no injury to life, body or health is concerned.

The above limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Vendor.

Mandatory statutory liability provisions, in particular under §§ 309, 310 BGB and the German Product Liability Act, shall remain unaffected.

9. RETENTION OF TITLE (EIGENTUMSVORBEHALT)

9.1. Retention of Ownership

The Vendor retains full legal title and ownership of all supplied goods until the purchase price, including all associated shipping and handling costs, has been settled in full.

9.2. Restrictions Prior to Transfer of Title

Until ownership has officially passed to the Customer:

Pledging and Security: The Customer is prohibited from pledging the goods or assigning them as security to any third party.
Notification of Third-Party Access: The Customer must notify the Vendor immediately in writing if the goods are seized, attached, or otherwise subjected to intervention by third parties.
Duty of Care: The Customer is obliged to handle the goods with due care while the retention of title is in effect.

10. STATUTORY WARRANTY AND DEFECTS

10.1. Statutory Liability for Defects

Unless otherwise specified below, the Customer is entitled to statutory warranty rights in accordance with the German Civil Code (§§ 434 et seq. BGB). The Vendor is under a legal obligation to provide goods that are free from material and legal defects at the time of the transfer of risk.

10.2. Limitation Periods

For Consumers: Claims for defects shall expire two (2) years after the delivery of the goods.
For Entrepreneurs: Claims for defects shall expire one (1) year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

10.3. Specific Provisions for Entrepreneurs (§ 377 HGB)

If the Customer is an entrepreneur acting in a commercial capacity, warranty claims are subject to the fulfillment of the statutory commercial duty to inspect and notify of defects:

Immediate Inspection: The Customer must inspect the goods immediately upon delivery.
Notification of Defects: Any obvious defects must be reported to the Vendor in writing without delay (within a maximum of five working days). Hidden defects must be reported immediately upon discovery.
Consequence of Non-Compliance: If the Customer fails to provide timely notification, the goods shall be deemed approved, and warranty claims shall be excluded, unless the defect was maliciously concealed by the Vendor.

10.4. Supplementary Performance (Nacherfüllung)

In the event of a defect, the Vendor initially provides warranty through supplementary performance.

Consumers: The Consumer has the choice between the rectification of the defect (repair) or the delivery of a non-defective item (replacement). The Vendor may refuse the chosen method if it is only possible with disproportionate costs.
Entrepreneurs: The Vendor reserves the right to choose the type of supplementary performance.

11. REDEMPTION OF PROMOTIONAL VOUCHERS

11.1. Scope

Promotional vouchers are vouchers issued by the Vendor free of charge as part of specific advertising campaigns with a defined period of validity. These vouchers cannot be purchased and do not represent a monetary credit balance.

11.2. Redemption Conditions

Promotional vouchers are only valid during the specified period and may only be redeemed once per order. The Vendor reserves the right to exclude individual brands or specific items from voucher promotions.

11.3. Minimum Order Value

To redeem a promotional voucher, the total value of the goods must meet or exceed the specified minimum order value (MOV).

11.4. Limitations and Restrictions

No Cash Payout: The credit balance of a promotional voucher will not be paid out in cash, nor will it bear interest.
No Retroactive Application: Vouchers must be redeemed during the checkout process; subsequent application after an order has been placed is excluded.
Non-Transferability: Promotional vouchers are non-transferable and may not be combined with other promotional vouchers or discounts unless explicitly stated otherwise.
Per Person Limit: Only one promotional voucher may be redeemed per person per promotion.

11.5. Balance Payments

If the value of the promotional voucher is insufficient to cover the total order amount, the difference may be settled using any of the available payment methods provided by the Store.

11.6. Returns and Refunds

The promotional voucher will not be refunded or credited back if the Customer returns the goods in whole or in part, provided the voucher was issued as part of a promotion for which no consideration (payment) was given by the Customer.

11.7. Specific Exclusions

These promotional voucher terms do not apply to:

Customers who have received a personalized, individual offer.
Registered dealers or authorized resellers who place orders based on the current dealer price list.

12. INTELLECTUAL PROPERTY AND USER-GENERATED CONTENT

12.1. Protection of Website Content

All content presented on the Vendor’s website—including but not limited to text, graphics, diagrams, logos, images, audio clips, digital downloads, data compilations, and software—is the exclusive property of the Vendor or its content suppliers and is protected by German and international copyright, trademark, and other intellectual property laws.

Restriction of Use: The reproduction, modification, distribution, transmission, or any other use of this content for commercial purposes is strictly prohibited without the express prior written consent of the Vendor.
Permitted Use: Customers are granted a limited, non-exclusive, and non-transferable license to access and use the website for personal, non-commercial shopping purposes only.

12.2. Usage Rights for User-Generated Content

The Vendor may provide areas for Customers to post reviews, comments, or upload media (e.g., photos of finished art projects).

Grant of License: By posting a review or uploading media, the Customer grants the Vendor a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free right to use, reproduce, adapt, publish, translate, and display such content in any media (including marketing materials and social media).
Moral Rights: The Customer warrants that they possess the necessary rights to grant this license and waives any moral rights to be named as the author, insofar as this is legally permissible under German copyright law (UrhG).

12.3. Content Moderation and Removal

The Vendor acts as a hosting provider for user-generated content and, in accordance with the Digital Services Act (DSA), maintains the following rights:

Prohibited Content: The Customer is prohibited from posting content that is unlawful, offensive, defamatory, threatening, infringing on intellectual property rights, or otherwise harmful to third parties.
Right to Edit/Remove: The Vendor reserves the right—but not the obligation—to monitor, edit, or remove any content that violates these GTC or applicable law without prior notice.
Liability: The Customer agrees to indemnify the Vendor against any third-party claims arising from content provided by the Customer that violates the rights of such third parties.

13. TRANSPORT DAMAGE AND NOTIFICATION

13.1. Provisions for Consumers

If goods are delivered with obvious damage caused during transit, the Customer is requested to report such defects to the delivery personnel immediately and to contact the Vendor without delay.

Effect on Statutory Rights: Failure to lodge a formal complaint or contact the Vendor does not affect the Customer’s statutory warranty rights (Section 10).
Support in Claims: However, prompt notification significantly assists the Vendor in asserting its own claims against the transport insurance provider or the commissioned carrier.

13.2. Provisions for Entrepreneurs

For Customers acting as entrepreneurs, the following applies regarding the transfer of risk: The risk of accidental loss and accidental deterioration passes to the Customer as soon as the Vendor has handed the goods over to the forwarding agent, the carrier, or any other person or institution designated to perform the shipment. The Vendor’s liability for transport-related defects is excluded once the transfer of risk has occurred.

14. DISPUTE RESOLUTION AND FINAL PROVISIONS

14.1. Online Dispute Resolution (ODR)

Please be advised that the European Commission's Online Dispute Resolution (ODR) platform has been discontinued as of July 20, 2025, following the adoption of Regulation (EU) 2024/3228. Consumers seeking information regarding out-of-court dispute resolution entities in the EU Member States may refer to the updated Consumer Redress Portal.

14.2. Consumer Arbitration Notice

In accordance with § 36 of the German Consumer Dispute Resolution Act (VSBG), the Vendor hereby declares that it is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

14.3. Governing Law and Jurisdiction

The contractual relationship is subject to the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country where the consumer has their habitual residence.

15. CONTACT INFORMATION AND AMICABLE RESOLUTION

15.1. Customer Support and Communication

We value clear communication and a human touch. Whether you have a question about a specific pigment or a concern regarding an order, our team is here to help. We always strive to find fair, customer-oriented solutions should a problem or error occur.

15.2. Reach Out to Us

For any inquiries, feedback, or complaints, please feel free to contact us via the following channels:

Email: contact-us@art-paint.shop
Phone: +41 76 268-6578
Postal Address: Rave Painter's Shop UG, Hauptstraße 194, 79739 Schwörstadt, Germany.

15.3. Legal Notice

Detailed information regarding our legal representation and mandatory company disclosures can be found at any time in our Impressum (Legal Notice) on our website.