Terms of service
General Terms and Conditions
§1 Scope and Definitions
(1) These General Terms and Conditions apply to all deliveries and services between the artist Janina Grupe, Winterhuder Weg 116, 22085 Hamburg, Germany ("Artist") and consumers.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).
§2 Conclusion of Contract, Storage of Contract Text
(1) The presentation of artworks in our online shop www.janinagrupe.com is not a legally binding offer, but an invitation to the consumer to place an order.
(2) By placing an order, the consumer makes a binding offer to conclude a contract. The contract is concluded when the Artist accepts the order by sending an order confirmation via email.
(3) Ordering Process:
- Select desired artwork
- Click “Order”
- Check the shopping cart
- Click “Checkout”
- Register / enter data
- Verify entries
- Submit order by clicking “Place order”
(4) Before submitting, the consumer can correct entries or cancel the order.
(5) Storage of Contract Text: The contract text is stored and the order data and GTC are sent by email. Past orders are available in the customer area.
§3 Prices, Shipping Costs, Payment, Due Date
(1) All prices include statutory VAT and other price components.
(2) Shipping costs are added unless stated otherwise.
(3) Payment options: Prepayment, PayPal, Credit Card, etc.
(4) For prepayment, the total price is due immediately after order confirmation.
§4 Delivery
(1) Unless stated otherwise, all items are ready for shipment immediately.
(2) Delivery time is a maximum of 10 working days.
(3) Delivery time begins on the day after payment receipt (prepayment) or after contract conclusion (other payment methods).
(4) The risk of accidental loss or deterioration passes to the buyer upon delivery.
§5 Retention of Title
The artworks remain the property of the Artist until full payment has been received.
§6 Custom Orders / Individually Created Artworks
(1) Subject Matter of the Contract
Custom orders are artworks individually created for the customer according to their specifications (e.g., motif, color scheme, size, or other personal requests).
(2) Conclusion of Contract
A contract for a custom order is concluded as soon as the customer confirms the Artist's offer in writing (e.g., by email) and pays the agreed deposit.
(3) Deposit and Payment Terms
- Upon commissioning a custom artwork, a deposit of 50 % of the agreed total price is due.
- Work on the artwork begins upon receipt of the deposit.
- The remaining balance is due upon completion of the artwork and before shipment or handover.
- If the remaining balance is not paid within the agreed period, the Artist is entitled to withhold delivery or shipment until full payment has been received.
(4) Exclusion of the Right of Withdrawal
Custom artworks are exempt from the statutory right of withdrawal (§ 312g para. 2 no. 1 BGB), as the works are not pre-manufactured and are clearly tailored to the personal needs of the customer.
(5) Cancellation by the Customer
- If the customer withdraws from the order after the contract has been concluded, the deposit is retained as a lump-sum compensation for work, time, and material costs already incurred by the Artist.
- The customer retains the right to prove that no or only a significantly lower damage has occurred.
(6) Sketches and Drafts
Sketches, drafts, or digital previews serve exclusively for coordination during the commission.
They do not constitute an independent, usable work and may not be reproduced or used without the Artist’s explicit consent.
(7) Retention of Title
The artwork remains the property of the Artist until full payment of the purchase price has been received.
§7 Warranty
The statutory warranty provisions apply.
§8 Right of Withdrawal for Standard Works
For ready-made artworks not individually commissioned, the statutory withdrawal period of 14 days applies (see withdrawal instructions).
§9 Contract Language
The contract language is German and English. Both versions are legally binding. In case of discrepancies, the German version shall prevail.