GENERAL TERMS AND CONDITIONS (GTC)

Status: 20th November 2025

Seller:

Pit Hammann
Niddagaustraße 58
60489 Frankfurt am Main, Germany
E-Mail: info@pit-hammann-art.de
VAT-ID: DE171648819

§ 1 Scope of Application

1. These General Terms and Conditions (GTC) apply to all contracts regarding the delivery of original drawings and goods („Works“) as well as commissioned works („Commissions“) concluded between the artist Pit Hammann (hereinafter „Seller“) and the customer.
2. The offer is aimed at Consumers (under § 13 German Civil Code BGB) and Entrepreneurs (under § 14 BGB). A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
3. Conflicting terms and conditions of the customer are not recognized unless the Seller expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

1. The presentation of the Works on the website pit-hammann-art.de does not constitute a legally binding offer, but a non-binding invitation to order.
2. By submitting the order via the online form or by e-mail, the customer submits a binding offer to conclude a purchase contract.
3. The contract is concluded as follows:
   • Payment via Bank Transfer (Advance Payment): Upon the Seller’s declaration of acceptance (order confirmation or shipping confirmation via e-mail).
   • Payment via PayPal: Upon completion of the payment process by the customer.

§ 3 Prices and Payment Conditions

1. All prices indicated are total prices in Euro and include the statutory Value Added Tax (currently 19%).
2. The following payment methods are available:
   • Bank Transfer (Advance Payment)
   • PayPal (Credit card payments are possible via PayPal; a separate PayPal account may be required).
3. Payment Due Date:
   • Finished Works: 100% advance payment. Shipping takes place only after full receipt of payment.
   • Commissions (Commissioned Works): 50% deposit is due upon conclusion of the contract. The remaining payment (50%) is due after completion of the work, but before shipping.
4. If the customer defaults on payment, the Seller is entitled to claim default interest at the statutory rate (5 percentage points above the base interest rate for Consumers, 9 percentage points for Entrepreneurs).

§ 4 Delivery, Shipping, and Transfer of Risk

1. Scope of Delivery: All Works are delivered unframed unless framing has been expressly agreed upon and charged.
2. Shipping Costs: The applicable shipping costs will be communicated to the customer before the conclusion of the contract. Shipping is insured (e.g., DHL Paket).
3. Delivery Time:
   • Finished Works: approx. 5–7 working days after receipt of payment (within Germany). International shipping times may vary.
   • Commissions: The delivery time is agreed upon individually.
4. Transfer of Risk:
   • If the customer is a Consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer only upon handover of the goods to the customer.
   • If the customer is an Entrepreneur, the risk passes to the customer upon handover of the goods to the transport company (freight forwarder, carrier).

§ 5 Retention of Title

The delivered goods remain the property of Pit Hammann until full payment of the purchase price.

§ 6 Copyright and Usage Rights

1. With the purchase of an original work, the customer acquires physical ownership of the work (the paper/canvas).
2. No copyrights or usage rights are transferred unless explicitly agreed upon in writing. This specifically means:
   • The artist (Pit Hammann) retains the sole copyright.
   • The customer is not entitled to reproduce the work, digitize it, make prints of it, or use it for commercial purposes (e.g., merchandising, advertising).
   • The artist retains the right to use images of the sold original for his own purposes (e.g., portfolio, prints, books).
3. For Commissions, a deviating agreement on usage rights (e.g., buy-out for company logos) can be made in writing.

§ 7 Warranty and Liability

1. Warranty: Statutory liability for defects applies.
   • Note for Consumers: Please report obvious transport damages to the deliverer immediately and inform the Seller. Failure to do so has no effect on your statutory warranty rights but helps the Seller to enforce claims against the transport company.
   • Note for Entrepreneurs: Statutory duties of inspection and notification of defects according to § 377 HGB (German Commercial Code) apply.
2. Artistic Freedom: For Commissions, there is no claim for defects regarding the artistic style as long as the work corresponds to the rough, pre-agreed specifications. Artistic appeal is subjective and does not constitute a defect.
3. Liability: The Seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In case of slight negligence involving the breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

§ 8 Special Provisions for Commissions

1. Since Commissions are made according to specific customer wishes, there is no right of withdrawal (see § 9).
2. Correction loops are not included in the price unless agreed upon. Requests for changes after the start of work may incur additional costs.
3. If the customer withdraws from the order before completion, the Seller is entitled to appropriate compensation for the services rendered up to that point (usually the amount of the deposit).

§ 9 Right of Withdrawal (for Consumers)

Consumers have a statutory right of withdrawal.

§ 10 Data Protection

Personal data is processed for contract fulfillment and in accordance with statutory provisions. Details can be found in the Privacy Policy at pit-hammann-art.de/datenschutz.

§ 11 Dispute Resolution

1. The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.
2. The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 12 Final Provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, Frankfurt am Main is the exclusive place of jurisdiction for all disputes arising from this contract. For consumers, statutory jurisdictions apply.
3. Should any provision of these GTC be invalid, the validity of the remaining contract shall remain unaffected.