TERMS & CONDITIONS

Terms and Conditions of CURATED THE STUDIO (AGB)

Preamble Therefore, we would like to point out the following in advance: Art prints, photographs, and artworks are always subject to environmental influences, and their appearance and color may change and fade. To ensure lasting enjoyment, art prints, photographs, artworks, and frames should not be exposed, either entirely or in part, to direct sunlight, should not be hung directly above heaters, and should not be exposed to humidity exceeding the level of normal living spaces. Consequently, art prints, photographs, artworks, and frames are not suitable for outdoor spaces, basement rooms, bathrooms, and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very susceptible to scratches and stains and should only be handled with gloves or similar protection.

Contracting Parties and User of these Terms and Conditions: CURATED | The Studio GmbH Anton-Köck-Strasse 32b 82049 Pullach Tel: 0178 4938903 Email: info@curatedthestudio.com

Our terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract is always the following General Terms and Conditions of CURATED | The Studio GmbH, the knowledge and inclusion of which you acknowledge and confirm with an order from us. You can view the terms and conditions at this location.

§ 1 Scope

For the business relationship between CURATED | The Studio GmbH, Pullach (hereinafter referred to as CURATED), and the customer, only the following General Terms and Conditions in their valid version at the time of the order apply. CURATED does not recognize any deviating conditions of the customer, unless CURATED has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract

The presentation of products in the online shop is not a legally binding offer but rather a non-binding online catalog. The products selected by you via the "Add to Cart" button will be summarized in an order overview for you to review and, if necessary, supplement or correct all the information provided during the order process by clicking the "Edit" button. By clicking the "Buy Now" button, you submit your order data and declare bindingly to CURATED that you want to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting the order, you will receive an order and contract confirmation by email, which lists the details of your order again. We save the text of your order and can provide it to you upon request after completing your order. For your safety, CURATED recommends printing the order data and the General Terms and Conditions valid at the time of the order. German is available as the contract language. Please note that we only sell products in household quantities.

§ 3 Revocation

You have the right to revoke this contract within 30 days without giving any reasons.

We would like to point out that there is no right of revocation for works with a presentation chosen by you ("select individual presentation") and for pure photographic prints since the created works are individually produced according to your specifications. For individual products, the right of revocation according to § 312 g para. 2 no. 1 BGB is excluded.

The revocation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, if you ordered one or more goods as part of a single order and the goods are delivered in a single shipment, or on which you or a third party named by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately.

To exercise your right of revocation, you must inform us:

CURATED | The Studio GmbH Anton-Köck-Strasse 32b 82049 Pullach Tel.: 0178 49 38 903 Email: info@curatedthestudio.com

by means of a clear statement (e.g., a letter sent by post or email) about your decision to revoke this contract. To meet the revocation deadline, it is sufficient to send the notification of the exercise of the right of revocation before the revocation period expires.

Consequences of Revocation

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the one offered by us, the standard and favorable delivery), immediately and at the latest within 30 days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods immediately and in any case no later than 30 days from the day on which you informed us of the revocation of this contract in the original packaging. The deadline is met if you send the goods before the period of 30 days expires. You bear the direct costs of returning the goods for orders. The goods cannot usually be returned by regular mail.

Please contact customer service for further information: info@curatedthestudio.com

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

§ 4 Delivery

Unless otherwise agreed, delivery is made from stock to your address or the delivery address you provided. We usually deliver within 10 business days from the time of your order, except for any deviations stated in the product description.

§ 5 Prices, Maturity and Payment, Default The prices stated in the online shop are final prices including VAT. Shipping costs are not included in the order price and are added to it. Information on shipping costs can be found in § 7 of these terms and conditions. Our currently offered payment options include PayPal, Apple Pay, Visa, and Mastercard. In the event that the customer's account does not have sufficient cover at that time or the customer unjustifiably objects to the direct debit, CURATED may charge a processing fee of EUR 5.00 from the customer.

If you are in default of payment, CURATED is entitled to demand default interest of 5 percentage points above the respective base rate of the European Central Bank per annum from consumers and 9 percentage points above the respective base rate of the European Central Bank per annum from entrepreneurs. In addition, CURATED can demand a flat fee of €2.50 per reminder, with the exception of the first reminder. If CURATED can demonstrate that a higher default damage has occurred, CURATED is entitled to claim this.

In the above cases, you can prove that no damage has occurred at all or that it is lower than the flat rates mentioned.

§ 6 Shipping Costs

CURATED charges the following shipping costs for deliveries within Germany: €6.50 for shipments where the longest edge is up to 40 cm and €12.50 for shipments where the longest edge exceeds 40 cm. The prices for art objects are determined within the framework of an individual offer.

§ 7 Offset, Retention

You are only entitled to set-off if your counterclaims have been legally established or recognized by CURATED. You are also entitled to set-off if you assert complaints or counterclaims from the same purchase contract. Furthermore, you are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 8 Retention of Title

The delivered goods remain the property of CURATED until full and final payment has been made.

§ 9 Liability

CURATED is liable within the framework of legal regulations, without limitation, for damages (a) resulting from the violation of life, body, or health based on an intentional or negligent breach of duty or other intentional or negligent behavior by CURATED or one of its legal representatives or vicarious agents; (b) based on an intentional or grossly negligent breach of duty or other intentional or grossly negligent behavior by the provider or one of its legal representatives or vicarious agents.

CURATED is liable, limited to the replacement of the contract-typical foreseeable damage, for damages resulting from a slightly negligent violation of essential obligations by CURATED or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely. The above provisions apply accordingly to CURATED's liability for the reimbursement of futile expenses. Liability under the Product Liability Act remains unaffected.

§ 10 Warranty 

The statutory warranty rights apply unless expressly agreed otherwise. If you, as a customer, are an entrepreneur according to § 14 BGB, your warranty claims presuppose that you have fulfilled your statutory duties of examination and complaint (§§ 377, 381 HGB). If a defect becomes apparent during the examination or later, notice must be given to us immediately in writing. Notice is deemed immediate if it is given within two weeks, with the timely dispatch of the notice being sufficient to meet the deadline. Regardless of this duty of examination and complaint, you must notify us of obvious defects (including incorrect and incomplete delivery) in writing within two weeks of delivery, with the timely dispatch of the notice being sufficient to meet the deadline. If you fail to properly examine and/or notify of defects, our liability for the defect not notified is excluded.

§ 11 No Granting of Rights With the purchase of a photographic print, you only acquire ownership of the print. No other usage rights are granted. Any reproduction (duplication), distribution, rental, public accessibility, or other analog or digital exploitation is not permitted unless legally permitted. However, you can resell the print.

§ 12 Collection, Processing, and Use of Personal Data All regulations for the protection of your data can be found under Privacy Policy. Information on online dispute resolution according to Art. 14 para. 1 ODR Regulation and §§ 36 et seq. VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board. As of: December 3, 2023