Terms and Conditions (T&Cs)

of Schellmann GmbH

Schellmann GmbH
Ainmillerstr. 25
D-80801 Munich, Germany
Telephone: +49 (0)89 386 660 80
Email: shop@schellmannart.com

Represented by the Managing Directors:
Jörg Schellmann
Pauline Schellmann

Commercial Register: Munich District Court
Registration Number: HRB 111 111
VAT ID: DE 129335210

1. General

These Terms and Conditions apply to all contracts concluded via our online shop between Schellmann GmbH (“we” / “us”) and consumers (“you”). The version valid at the time of placing the order shall apply.
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Mandatory consumer protection provisions of the country in which the consumer has their habitual residence shall remain unaffected.

2. Conclusion of Contract

The presentation of products in our online shop does not constitute a legally binding offer but an invitation to place an order.
A binding purchase contract is concluded only upon our express order confirmation or dispatch of the goods.

3. Products, Prices and Availability

Product images are for illustrative purposes only. Minor variations in colour or appearance are possible. Works may be shown framed for display purposes; unless expressly stated otherwise, all artworks are sold unframed.
All prices include statutory VAT. Shipping costs are shown separately during the order process.
If a work is not available or an obvious pricing error occurs, we reserve the right to decline or cancel the order.

Editions / Copy Numbers / Proof Structure
Unless expressly stated otherwise on the product page, editioned artworks are supplied subject to availability. The buyer has no entitlement to select a specific copy number. Schellmann Art fulfils orders with an available copy from the respective edition. This may be a regularly numbered impression or – where provided for within the published edition structure – an artist’s proof (AP) or another authorised proof type (e.g. HC or comparable proof categories). The total edition size and the respective edition structure are indicated on the relevant product page.

If you have any specific requests or questions regarding an edition, you are welcome to contact us by e-mail or directly via the request button before placing your order.

4. Payment

Payment must be made in advance using the payment methods offered during the ordering process.
Any fees charged by your payment service provider are outside our control and must be borne by the buyer.

5. Delivery and Transfer of Risk

Delivery is made to the address provided by you.
For consumers whose habitual residence is within the European Union, the risk of accidental loss or accidental deterioration of the goods passes to the consumer only upon physical receipt of the goods.
For consumers whose habitual residence is outside the European Union, the risk passes to the buyer as soon as the goods are handed over to the carrier.
Title to the goods remains with us until full payment of all amounts due has been received. For deliveries outside the European Union, additional customs duties, taxes or import charges may apply. These shall be borne by the buyer.

6. Handling of the Goods

Our artworks are packaged with great care. Please observe the enclosed instructions for safe and proper unpacking.
Any loss in value resulting from improper handling may be claimed in accordance with statutory provisions.

7. Defects and Warranty Rights

The statutory warranty rights apply.
For consumers whose habitual residence is outside the European Union, the statutory warranty rights of the applicable law pursuant to clause 12 shall apply.
Warranty rights do not apply if the buyer was aware of a defect at the time of conclusion of the contract.

8. Right of Withdrawal

Consumers whose habitual residence is within the European Union are entitled to a statutory right of withdrawal.
Details can be found in our separate Withdrawal Policy.
For consumers whose habitual residence is outside the European Union, no statutory right of withdrawal applies unless expressly agreed otherwise in writing.

9. Liability

We are liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused by intent or gross negligence.
In the event of a slightly negligent breach of essential contractual obligations, our liability shall be limited to the foreseeable damage typical for the contract.
In all other cases, our liability is excluded.

10. Copyright

All content on our website is protected by copyright. Any use without our prior consent is prohibited.

11. Force Majeure

We shall not be liable for delays or non-performance resulting from circumstances beyond our control.

12. Applicable Law

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
In the case of consumers whose habitual residence is within the European Union, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

13. Jurisdiction

If the buyer is a merchant, a legal entity under public law, or has no general place of jurisdiction within a Member State of the European Union, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be Munich, Germany.

14. Severability

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.