Terms of service
GENERAL TERMS AND CONDITIONS
Sophia Toschka Art
Owner: Sophia Toschka
Hinter der Bahn 19
21435 Stelle
Germany
E-mail: anfrage@sophiatoschka.art
1. Scope
These General Terms and Conditions apply to all orders placed by consumers via the online shop of Sophia Toschka Art.
A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
2. Contractual Partner and Conclusion of Contract
The purchase contract is concluded with:
Sophia Toschka
Sophia Toschka Art
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By completing the order process, you submit a binding offer to purchase the products contained in the shopping cart. The contract is concluded as soon as you receive an order confirmation by e-mail or we dispatch the goods.
3. Products and Presentation
The offered works are handmade unique pieces and are created with careful individual artistic work. Minor variations in colour or texture may occur, particularly due to different screen displays.
Dimensions, materials and descriptions are provided to the best of our knowledge.
We reserve the right to remove individual works from the range at any time.
4. Prices and Payment
All prices stated are final prices in euros.
In accordance with Section 19 of the German VAT Act, no VAT is shown or charged under the small business regulation.
Shipping costs are shown separately during the order process.
The available payment methods are displayed at checkout.
5. Delivery
Delivery is made to the address provided during the order process.
Delivery times are stated in the respective product offer. Should a work exceptionally be unavailable, you will be informed without delay.
In consumer contracts, the risk of accidental loss or accidental deterioration of the goods only passes to you upon handover of the goods.
6. Retention of Title
The goods remain our property until full payment has been received.
7. Right of Cancellation
The statutory right of cancellation applies. Details can be found in the separate cancellation policy on this website.
8. Warranty
The statutory warranty rights apply.
In the event of defects, you are entitled to subsequent performance, either repair or replacement delivery. If subsequent performance is not possible or fails, you may reduce the purchase price or withdraw from the contract.
9. Liability
We are liable without limitation:
in cases of intent and gross negligence
in cases of injury to life, body or health
in accordance with the provisions of the German Product Liability Act
In the event of a slightly negligent breach of essential contractual obligations, also known as cardinal obligations, liability is limited to the foreseeable damage typical for this type of contract.
Any further liability is excluded.
10. Copyright
All works, images, texts and content of the online shop are subject to the copyright of Sophia Toschka.
When purchasing a work, only ownership of the physical item is transferred. Copyrights or rights of use are not transferred unless this has been expressly agreed in writing.
Reproduction, distribution or commercial use of the works is not permitted without express consent.
11. Individual Commissions
There is no right of cancellation for individually created works made according to customer specifications in accordance with Section 312g paragraph 2 no. 1 of the German Civil Code.
Details are regulated separately in the respective offer.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
Should any provision of these General Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The German original version shall prevail.