§ 1 Scope
These Terms and Conditions of Sale (“Terms”) in their current version at the time of order shall apply exclusively for any order or contract between you (“Customer”) and us, Ute Milotich Atelier, Alpspitzstraße 1, 82396 Pähl, Tel.: +49 8808 371 9842, Email: contact (at) utemilotich (dot) com, (hereinafter “Seller”). When you place an order with us in our online shop (www.utemilotich.com), you acknowledge and confirm you agree to the Terms. The Seller shall not recognise any differing Terms set out by the Customer.
§ 2 Conclusion of Contract
The products displayed in the Seller’s online shop do not constitute a legally binding offer; it is a non-binding online catalogue only. Products you have selected by clicking the “Add to Cart” button are summarised for you in an order overview at the end of the order process. Before submitting the order you have the opportunity to check all information (e.g. name, address, shipping, payment method and ordered items), to change (also via the “back” function of your Internet browser) or cancel the purchase. By clicking the “Buy Now” button, you send your order details and make a binding declaration (offer) to the Seller that you want to purchase the products listed in your order, which we accept upon receipt. Directly after sending the order, you will receive an email order and contract confirmation in which the details of your order are listed.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, we recommend that you print the order details and the Terms applicable at the time of order.
If you are interested in buying an original oil painting from me, write an email or contact me using the contact form. I will respond to you with price and availability of the work. If you wish to purchase the work, respond to my email indicating so. I will send you a reservation confirmation with a contract of sale and invoice. A sale is concluded only when you return the signed contract of sale.
The contractual language is German and English.
§ 3 Statutory right of withdrawal
If you are a consumer (as per § 13 of the German Civil Code), you are entitled to a 14-day statutory right of withdrawal for online orders.
Instructions for withdrawal
You have the right to cancel this contract without reason within fourteen days. The withdrawal period will expire after fourteen days from the day:
a) on which you or a third party named by you who is not the shipping service take/takes the goods into possession, if you ordered one item or multiple items in a single order and the item(s) arrive(s) in a single delivery
or
b) on which you or a third party named by you who is not the shipping service take(s) the final goods into possession, if you ordered one item or multiple items in a single order and the item(s) are shipped separately.
To exercise your cancellation right, you must inform us (Ute Milotich Atelier, Alpspitzstraße 1, 82396 Pähl, Germany, Tel.: +49 8808 371 9842, E-Mail: contact (at) utemilotich (dot) com) of your decision to cancel in a clear, written statement (by letter, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
The withdrawal deadline shall be deemed to be met if you have sent the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of shipping to you (with the exception of the supplementary costs resulting from your choice of delivery other than the least expensive standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we receive your communication of your decision to withdraw from this contract.
We will use the same payment method you used for the original transaction in order to reimburse you unless otherwise expressly agreed; in any case, you will not be charged a fee for this reimbursement. We may withhold reimbursement until we have received the returned goods, or you have supplied evidence of having sent the goods, whichever is earlier.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than that which is necessary to establish the nature, characteristics and functioning of the goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the case of delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
§ 4 Prices, Terms of Payment
Prices in the online shop are end prices, not including shipping. VAT (Umsatzsteuer) is not added (§ 19 UStG). Shipping costs are not included in the product price and will be added separately. Information on shipping costs is available on each product description.
The purchase price may be paid via bank transfer, PayPal or credit card (Visa, Mastercard).
For orders paid via bank transfer, payment is due within one week of order confirmation (payment period). We will reserve the product(s) for you with the payment period. We reserve the right to cancel the contract and sell the products elsewhere if we do not receive payment within the payment period.
§ 5 Delivery and Insurance
Unless agreed otherwise, delivery will be from Seller to the delivery address specified by you. The delivery time is shown with your order.
Orders are shipped when possible as DHL packages that include a tracking number and transport insurance up to 500 Euros. For orders with a value over 500 Euros, supplemental transport insurance will be purchased and added to the shipping cost.
Each work is photographed before it is shipped to you. Should you observe any damage to the packaging or work on arrival please take a photograph of the packaging and work and let me know via email immediately.
In case of loss, the Seller is not liable to replace the work. We will refund your purchase price up to the amount of coverage of the transport insurance.
§ 6 Customs, Duties and Import Taxes
Customs duties and import taxes vary from country to country and are not included in the purchase price or shipping costs. You are responsible for paying any and all applicable customs, duties or import taxes in your country of residence. Please inform yourself at the relevant authority in your country before the product is shipped.
§ 7 Retention of Title
Until full and final payment, the delivered goods shall remain the property of Ute Milotich Atelier.
§ 8 Limitation of liability
The Seller is fully liable for damages resulting from injury to life, limb or health, as far as it fraudulently conceals a defect or has accepted a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in case of damage under the Product Liability Act or otherwise compulsory by law.
If material obligations under the contract are affected the breach of which jeopardises the achievement of the purpose of the contract (so-called “cardinal obligations”), the liability of the Seller in case of slight negligence is limited to the contractually typical, foreseeable damage.
For breaches of minor contractual obligations, the liability of the Seller for damage caused by acts of slight negligence is excluded.
§ 9 Warranty
Unless expressly agreed otherwise, statutory warranty rights shall apply.
§ 10 No granting of rights
By buying a work (original painting, art print or card) you are only acquiring material ownership of the work. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the work.
If you re-sell an original painting, your responsibilities according to resale right regulation, paragraph 26 UrhG (German copyright law) may apply. Should you sell your painting, please let me know the contact details of the new owner for my documentation.
§ 11 Collecting, processing and using personal data
All provisions regarding the protection of your data can be found in our privacy policy.
§ 12 Applicable Law
For consumers and other persons with their normal place of business or residence in a Member State of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract, German law shall apply excluding the UN sales law.
For consumers who are habitually resident in a state that is neither a member of the EU nor the EEA, German law applies, excluding the UN sales law and German consumer protection law.
Regardless of this choice of law, consumers are always subject to the mandatory consumer protection laws of the state in which they have their habitual residence at the time the contract is concluded.
Information pertaining to Online- dispute resolution according to article 14 (1) ODR Regulation and §36 and §37 VSBG:
The EU Commission provides a platform for online-dispute resolution (ODR), which you can find under http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure involving a consumer dispute resolution association/organization and therefore will not participate in such.
Version: 23 March 2024
