General Terms and Conditions of EVOLURE

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed by consumers and entrepreneurs through our online shop.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

(3) The purchase contract is concluded with:

§ 2 Subject matter of the contract

(1) The subject matter of the contract is the sale of personalized and, where applicable, non-personalized wall art, in particular on acrylic glass and fine art canvas with or without a frame.

(2) For personalized products, an individual product is created based on the content submitted by the customer, in particular photos, texts, motif requests, style choices and other design information.

(3) Product images, mockups, room views, style examples and previews shown on the website serve exclusively to illustrate what a possible final result may look like. Since each product is individually made for the respective customer, final results may vary from order to order. This individuality is an essential part of the product and does not constitute a defect.

(4) Minor deviations caused by production, material, motif, style or screen display, in particular with regard to color effect, lighting effect, material effect, surface structure, format effect, sharpness, contrast, framing effect or artistic execution, do not constitute a defect provided they are reasonable for the customer.

§ 3 Formation of the contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.

(2) By submitting the order, the customer makes a binding offer to conclude a purchase contract.

(3) The contract is concluded as soon as we accept the order by email, send an order confirmation or begin executing the order.

(4) We reserve the right to reject orders in individual cases, in particular if submitted content violates legal provisions, third-party rights or our quality and production standards.

§ 4 Prices, shipping costs, customs and payment

(1) All prices stated are final prices in euros including statutory VAT where applicable.

(2) Any additional shipping costs are shown separately during the order process.

(3) For deliveries to third countries or countries where import duties may apply, the customer bears all additional costs, in particular customs duties, import duties, import fees, import VAT, handling fees and other costs connected with import. These costs are not included in the purchase price or in the stated shipping costs.

(4) Available payment methods are displayed in the online shop. The purchase price is due immediately upon conclusion of the contract.

§ 5 Delivery, delivery time and shipping obstacles

(1) Unless otherwise stated on the product page, delivery time is usually 2 to 14 days. For personalized products, however, the delivery time begins only once all information, files and, where applicable, approvals required for production have been received in full.

(2) If delays occur due to high workload, exceptional demand, production delays or disruptions in the shipping process, the delivery time will be extended appropriately. We will inform the customer where this is possible and reasonable.

(3) Delays caused by the customer providing incomplete, unsuitable or incorrect data, or by the customer failing to provide required cooperation in time, are not our responsibility.

(4) If delivery is not possible for reasons attributable to the customer, in particular due to an incorrect or incomplete delivery address, incorrect name, missing or incorrect doorbell label, failure to collect, refusal of acceptance or unsuccessful delivery attempts, the customer bears the cost of renewed shipping. This also applies if the first shipment is returned to us.

(5) Any production, processing or personalization costs already incurred for personalized products remain unaffected by paragraph 4.

§ 6 Customer cooperation duties

(1) The customer is obligated to upload or transmit only content for which they hold the necessary rights and whose use, editing, reproduction and processing for contract fulfillment is permitted.

(2) The customer is obligated to provide technically suitable source material. This includes, in particular, sufficiently sharp, well-lit and usable image files.

(3) The customer is responsible for the accuracy of all data provided during the order process, in particular names, delivery address, contact details and any design information.

(4) If content submitted by the customer is unsuitable, unclear, technically unusable or legally problematic, we are entitled to suspend processing, ask questions, request changes or reject the order.

§ 7 Usage rights, third-party rights and indemnification

(1) The customer grants us the rights to the submitted content required for contract fulfillment. This includes, in particular, the right to store, edit, technically adapt, reproduce and use the content to manufacture the ordered product.

(2) The customer assures that the submitted content does not infringe third-party rights, in particular copyrights, trademark rights, personal rights or other protected rights.

(3) The customer shall indemnify us upon first request against all third-party claims asserted against us due to content provided by the customer. This also includes reasonable legal defense costs.

§ 8 Special rules for personalized products

(1) Personalized products are produced individually according to the customer's specifications and are tailored to the customer's personal needs.

(2) Only the files, selected options, styles, texts and wishes submitted by the customer during the order process are decisive for production.

(3) If a preview, coordination or approval is provided on the product page, during the order process or at a later stage, the product will be produced based on this final selection or approval.

(4) By granting approval, the customer confirms that the preview matches their wishes and may be sent to production. After approval has been granted, subsequent changes, withdrawals, objections due to mere dislike or because of a later changed personal idea are generally excluded unless there is a statutory warranty case.

(5) Subjective dislike of the design, style effect, artistic execution or overall impression does not constitute a defect, especially if the product was produced according to the order, the provided data and the customer's approval.

(6) In particular, the following circumstances do not constitute a defect:
the customer personally does not like the result,
the customer later imagined the result differently,
the customer wants a different artistic direction after approval,
the customer wants later changes to pose, style, colors, background, expression or overall impression.

(7) We reserve the right to make artistic, design and technical adjustments where necessary for technical feasibility, print quality, adaptation to the selected material or to achieve a coherent final result.

(8) We reserve the right to reject design wishes or orders in whole or in part if they are technically impossible, clearly inappropriate, unlawful or incompatible with our design and quality standards.

(9) Return, refund or new production of personalized products due to mere dislike, changed opinion, differing taste expectations or later changed expectations is excluded if the product was made according to the order and, where applicable, the approved preview.

§ 9 Right of withdrawal

(1) There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual choice or decision by the customer is decisive, or that are clearly tailored to the customer's personal needs. This applies in particular to personalized wall art produced based on photos, files and design wishes uploaded by the customer.

(2) If non-personalized goods are offered in an individual case, the statutory right of withdrawal applies to these goods in accordance with the separate withdrawal policy provided. The statutory model for this is set out in Annex 1 to Article 246a EGBGB.

(3) The statutory withdrawal and return rights described in this section and in the separate withdrawal policy apply only to consumers where German, European or otherwise mandatory consumer law provides them in the specific individual case; for international orders, especially outside Germany and the European Union, EVOLURE does not grant any additional voluntary return, withdrawal, cancellation, exchange or refund rights beyond mandatory law, while mandatory statutory rights, in particular rights in case of defects, remain unaffected.

§ 10 Retention of title

The goods remain our property until full payment has been made.

§ 11 Warranty

(1) Statutory warranty rights apply.

(2) A defect exists in particular if the delivered product deviates significantly from the ordered version, was produced incorrectly or has a significant material or manufacturing defect.

(3) There is no defect in the case of deviations caused by unsuitable or insufficient-quality templates submitted by the customer, customer design wishes, product-typical material differences, usual and reasonable deviations between digital display and physical product, or approval granted by the customer.

(4) Obvious transport damage should be reported and documented by the customer as soon as possible so that clarification with the shipping provider can be carried out quickly. The customer's statutory rights remain unaffected.

§ 12 Liability

(1) Statutory liability provisions apply.

(2) A limitation of liability does not apply where mandatory statutory provisions conflict with it.

(3) In all other respects, liability is excluded to the extent permitted by law.

§ 13 Contract language and applicable law

(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the country of the consumer's habitual residence.

§ 14 Final provisions

If individual provisions of these Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.