§ 1 Scope of Application

• The following General Terms and Conditions apply exclusively to the business
  relationship between Tina Oelker (hereinafter referred to as the „Artist“) and the
  Buyer.
• By using the website, booking LAB offers, or purchasing a piece of art, you accept
  these terms.
• The terms can be viewed and printed at any time on this page.
  

§ 2 Scope of Sevices

• The Artist offers original artworks for sale on this site, including signed editions.
• All essential characteristics of the artworks are specified in the description, possibly in
  the price list, and in the subsequent purchase contract.
• The Artist also offers art courses, which are fully described on this site (LAB) and in
  the subsequent service contract.
  

§ 3 Conclusion of Contract

• The contract is concluded through the Buyer’s order and the Artist’s confirmation.
• The Artist reserves the right to refuse orders without providing reasons.
  

§ 4 Payment Terms and Retention of Title

• All prices for artworks and editions are final prices including taxes.
• All prices for services are exclusive of taxes and clearly marked as such.
• Payment modalities for original art and services will be established at the time of
  ordering.
• Payment modalities for editions, original offers, or vouchers in the store can be
  selected online.
• The Buyer is obligated to make advance payments regarding the total amount unless
  otherwise agreed*. The advance payment is fulfilled upon receipt of the purchase
  price in the Artist’s account, which also applies in case of cash payment.
• In case of non-compliance or deviation from advance payment or deposit, if agreed, the Artist retains ownership of the contractual object until all payments (or full deposit) from the purchase contract have been received. After expiration of reminder
  periods and in case of non-payment as announced by the Buyer, this is considered a
  mutual withdrawal from the purchase contract six months after conclusion.
• The Artist then regains full control over the contractual object and may sell or alter it.
  (For installment payments, this applies per monthly payment.*)
• Payment for services must be made according to agreement after contract conclusion.
  

§ 5 Delivery and Shipping

• Unless otherwise agreed, delivery of artworks and editions will be made to the
  address provided by the customer. The customer bears the transport costs.
• The Artist assumes transport risk and is liable for transport damages until the Buyer
  has actually received the goods.
• If the Buyer is in default of acceptance or culpably violates other cooperation
  obligations, they are liable for the contractual object. This means that the Buyer bears
  the risk of accidental loss or deterioration of the purchased item. From this point on,
  the Artist is only liable for intent and gross negligence (§ 300 Abs. 1 BGB).
• Their liability is thus limited. In case of culpable violation of other cooperation
  obligations, the Buyer may become liable for damages.

§ 6 Service Provision and Refunds

• If the Artist cannot provide the agreed service due to health or other reasons, the
  customer will receive their advance payment back.
• If the customer cannot avail themselves of the service according to agreement due to
  health or other reasons, a new appointment will be arranged or a voucher equivalent
  to the value including delivery will be issued by the Artist.
  

§ 7 Warranty and Proper Treatment

• I work with wooden slats that can change slightly due to natural environmental conditions.
  These can either be fixed or replaced upon agreement. The canvas (or cotton fabric or jute)
  and paper artworks should not be exposed to direct sunlight, hung directly above heating
  sources, or subjected to high humidity.
  My artworks are therefore not suitable for outdoor areas, basements, bathrooms, or other
  damp rooms (such as pool areas). When unpacking and installing an artwork, I recommend
  using gloves or comparable protection. For care and cleaning of oil paintings, you can use a
  slightly damp cloth to gently remove dust or dirt.
• The Artist is liable for defects according to applicable legal provisions.
• The statutory warranty period of two years applies, starting from delivery of the
  contractual object.
• Damage caused by improper handling of the artwork by the Buyer does not constitute
  a warranty claim.

§ 8 Copyright

• With purchase, the Buyer does not acquire any rights to reproduction or public
  presentation.
• The Artist retains copyright over their works, including concepts and texts. This
  means that only the Artist has reproduction and distribution rights. Copies,
  photographs, or other forms of representation must be coordinated with the Artist;
  otherwise, there is a risk of copyright infringement which may lead to legal action
  against them.
• Licenses for reproduction and distribution must be requested from and purchased
  from the Artist.

§ 9 Right of Withdrawal

• Buyers of original artworks have a right of withdrawal within 14 days.
• This right expires for artworks made according to customer specifications.

§ 10 Repurchase of Artworks

• The Artist has a legal right to participate in proceeds from resale of their work under §
  26 UrhG (Resale Rights).
• Both a right of repurchase and participation in resales can be contractually agreed
  upon.
• If the Buyer wishes to offer the contractual object at a public auction within one year
  after concluding this purchase contract, they are obliged to first offer it to the Artist at
  acquisition price.

§ 11 Written Form Clause

Changes and additions to this contract require written form for their effectiveness. This also
applies to changes to this written form clause itself. No oral side agreements have been made.
Written form is also maintained through email or fax.
Hamburg, October 2025 – https://tinaoelker.com/