Terms of service
Terms & Conditions for Germany and the EU
Terms & Conditions
1. Scope
These Terms & Conditions apply to all orders placed through the online shop operated by Selina Wessels, for the purchase of original artworks.
The offer is addressed to both consumers and business customers, unless a provision in these Terms states otherwise.
The essential characteristics of each artwork, including medium, dimensions, and price, are set out in the respective product description in the online shop.
For deliveries to countries outside the European Union, separate Terms & Conditions for International Customers may apply.
2. Contract Partner
The purchase contract is concluded with:
Selina Wessels
Further legal information and contact details are available in the shop's imprint.
3. Conclusion of Contract
The presentation of artworks in the online shop does not constitute a binding offer, but an invitation to place an order.
By completing the order process, the customer submits a binding offer to purchase the items in the shopping cart. The contract is concluded only when the Seller accepts the order by email confirmation.
Unless otherwise stated, each artwork is a unique original and only one unit is available. If the same artwork is ordered by multiple customers at the same time, the first order confirmed shall prevail. Any payment received for unavailable artworks will be refunded without undue delay.
4. Prices and Payment
All prices are stated in Euro (EUR) and include the applicable statutory value added tax, unless stated otherwise.
Any additional shipping costs and other charges are shown to the customer during checkout.
For deliveries to consumers in other Member States of the European Union, the VAT treatment may depend on the country of destination and the applicable legal requirements.
For business customers established in another EU Member State who provide a valid VAT identification number, taxation may take place under the reverse-charge mechanism if the statutory requirements are met.
Payment shall be made using the payment methods offered during checkout, in particular via Shopify Payments, PayPal, and, where available, Klarna. The Seller reserves the right not to offer certain payment methods in individual cases.
5. Delivery and Shipping
Delivery is made to the address provided by the customer.
Delivery times stated in the online shop or on the product page are non-binding estimates unless expressly agreed otherwise. Dispatch takes place after successful payment.
Unless otherwise stated on the product page, dispatch takes place within 5 working days after receipt of cleared payment.
For consumers, the statutory provisions on the passing of risk apply.
If the customer is a business customer, the risk passes to the customer upon handover of the shipment to the carrier.
Customers are requested to inspect the parcel upon delivery and to notify obvious transport damage to both the carrier and the Seller as soon as possible. Failure to do so does not affect the customer's statutory rights.
6. Right of Withdrawal for Consumers
Consumers are entitled to a statutory right of withdrawal.
The withdrawal period is 14 days from the day on which the consumer, or a third party named by the consumer who is not the carrier, takes possession of the goods.
To exercise the right of withdrawal, the consumer must inform the Seller by means of a clear statement of the decision to withdraw from the contract. The contact details provided in the shop's imprint may be used for this purpose. The use of a model withdrawal form is not mandatory.
To meet the withdrawal deadline, it is sufficient that the notice of withdrawal is sent before the withdrawal period has expired.
7. Effects of Withdrawal
If the consumer withdraws from the contract, the Seller shall reimburse all payments received from the consumer, including the costs of standard delivery, without undue delay and no later than 14 days from the day on which the notice of withdrawal is received.
Additional costs arising from the consumer choosing a type of delivery other than the least expensive standard delivery offered by the Seller will not be reimbursed.
The reimbursement will be made using the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise.
The Seller may withhold reimbursement until the goods have been returned.
The consumer must return the goods without undue delay and in any event no later than 14 days from the day on which the consumer informed the Seller of the withdrawal. The deadline is met if the goods are sent before the 14-day period has expired.
The consumer bears the direct cost of returning the goods.
Original oil pastel artworks are sensitive surfaces. The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and condition of the goods.
To help avoid transport damage, the artwork should, where possible, be returned in its original protective packaging or in packaging offering equivalent protection.
8. Warranty for Defects
The statutory warranty rights apply.
Minor variations in texture, color appearance, edges, surface, or material character that are typical of handmade original artworks and inherent to the medium do not in themselves constitute a defect.
For consumers, the statutory limitation periods apply.
For business customers, the limitation period for defect claims is one year from delivery, unless mandatory statutory provisions provide otherwise.
9. Retention of Title
The artwork remains the property of the Seller until full payment has been received.
10. Copyright and Rights of Use
All copyrights and other intellectual property rights in the artworks remain with the Seller.
By purchasing an artwork, the customer acquires ownership only of the physical original work. No copyright, reproduction right, or other right of use is granted unless expressly agreed in writing.
In particular, the artwork may not be reproduced, commercially exploited, or otherwise used beyond private use without the Seller's prior written consent.
The use of the artwork, or of images of the artwork, for commercial AI training, dataset creation, automated image generation, NFT minting, or comparable commercial exploitation is not permitted without the Seller's prior written consent.
The non-commercial sharing of photographs of the purchased artwork on personal social media accounts is permitted, provided the Seller is credited appropriately.
11. Liability
The Seller shall be liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent of any guarantee expressly assumed.
In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.
Any further liability is excluded to the extent permitted by law.
12. Data Protection
Personal data is processed in accordance with the Privacy Policy and applicable data protection laws.
13. Governing Law and Jurisdiction
These Terms and all legal relations between the Seller and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, Munich shall be the place of jurisdiction to the extent permitted by law.
14. Final Provisions
If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.
The version of these Terms valid at the time of the order shall apply.
Terms & Conditions for International Customers
Terms & Conditions for International Customers
1. Scope
These Terms & Conditions for International Customers apply to orders placed through the online shop of Selina Wessels, Munich, Germany, for delivery to countries outside the European Union.
They apply unless mandatory consumer protection laws of the customer's country of residence provide otherwise.
2. Contract Partner
The purchase contract is concluded with:
Selina Wessels
Munich, Germany
Further legal information and contact details are available in the shop's imprint.
3. Conclusion of Contract
The presentation of artworks in the online shop does not constitute a binding offer, but an invitation to place an order.
By completing the order process, the customer submits a binding offer to purchase the items in the shopping cart. The contract is concluded only when the Seller accepts the order by email confirmation.
Unless otherwise stated, each artwork is a unique original and only one unit is available. If the same artwork is ordered by multiple customers at the same time, the first order confirmed shall prevail. Any payment received for unavailable artworks will be refunded without undue delay.
4. Prices, Taxes, and Import Charges
All prices are stated in Euro (EUR).
Unless stated otherwise, the prices shown in the online shop include only those taxes that the Seller is legally required to charge at the time of sale.
For deliveries outside the European Union, additional charges may arise, including import VAT, customs duties, local taxes, clearance fees, or other charges imposed by the destination country. These charges are borne by the customer unless expressly stated otherwise.
The customer is responsible for complying with any import requirements applicable in the destination country.
5. Payment
Payment shall be made using the payment methods offered during checkout.
The Seller reserves the right not to offer certain payment methods in individual cases.
6. Delivery and Shipping
Delivery is made to the address provided by the customer.
Delivery times stated in the online shop or on the product page are non-binding estimates unless expressly agreed otherwise. Dispatch takes place after successful payment.
Unless otherwise stated on the product page, dispatch takes place within 5 working days after receipt of cleared payment.
Customs inspections, import procedures, and carrier-related delays may extend delivery times. The Seller is not responsible for delays caused solely by customs authorities or import processing outside the Seller's control.
If the customer is a business customer, the risk passes upon handover of the shipment to the carrier.
If the customer is a consumer, any mandatory statutory consumer protection provisions that apply shall remain unaffected.
Customers are requested to inspect the parcel upon arrival and to report obvious transport damage to both the carrier and the Seller as soon as possible. Statutory rights remain unaffected.
7. Returns and Withdrawal
If the customer is entitled to a statutory right of withdrawal under applicable mandatory consumer law, that right remains unaffected.
Where no mandatory statutory right of withdrawal applies, returns are accepted only by prior agreement with the Seller.
If a return is accepted, the customer bears the direct cost of return shipping unless mandatory law provides otherwise.
Import duties, customs charges, clearance fees, and similar charges paid in connection with the original shipment are not refundable by the Seller unless mandatory law provides otherwise.
The customer is responsible for ensuring that returned goods are properly packaged and, where required, correctly declared for customs purposes.
Original oil pastel artworks are highly sensitive in transit and handling. The customer may be liable for diminished value caused by improper handling or insufficient packaging.
8. Warranty for Defects
The Seller shall be liable for defects in accordance with the mandatory statutory provisions applicable to the contract.
Minor variations in texture, color appearance, edges, surface, or material character that are typical of handmade original artworks and inherent to the medium do not in themselves constitute a defect.
If the customer is a business customer, the limitation period for defect claims is one year from delivery, to the extent permitted by law.
9. Retention of Title
The artwork remains the property of the Seller until full payment has been received.
10. Copyright and Rights of Use
All copyrights and other intellectual property rights in the artworks remain with the Seller.
By purchasing an artwork, the customer acquires ownership only of the physical artwork. No copyright, reproduction right, or other right of use is transferred unless expressly agreed in writing.
Without the Seller's prior written consent, the customer may not reproduce, commercially exploit, license, tokenize, use for AI training or dataset creation, or otherwise use the artwork or any image of it beyond private, non-commercial purposes.
The non-commercial sharing of photographs of the purchased artwork on personal social media accounts is permitted, provided the Seller is credited appropriately.
11. Liability
The Seller shall be liable without limitation where liability is mandatory by law, including for intent, gross negligence, injury to life, body, or health, product liability, and any guarantee expressly assumed.
In all other cases, liability shall be limited to the extent permitted by applicable law.
12. Governing Law and Jurisdiction
These Terms and all legal relations between the Seller and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions of the customer's country of residence provide otherwise.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, Munich, Germany, shall be the place of jurisdiction to the extent permitted by law.
13. Final Provisions
If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.
The version of these Terms valid at the time of the order shall apply.