Terms & Conditions

1. Scope

These Terms & Conditions apply to all purchases of original artworks and individually commissioned artworks from:

Olga Takeda
Email: info@studio-lumen.art

The following terms apply to both consumers and business customers, unless expressly agreed otherwise.

Deviating agreements require text form, for example by email.

2. Provider and Conclusion of Contract

The provider is the artist Olga Takeda.

The presentation of an artwork on the website does not, in principle, constitute a binding offer to conclude a purchase agreement. The information on price, availability and shipping costs shown before an invoice is issued serves initially for information purposes only.

A purchase agreement is concluded once the provider sends the customer a binding confirmation or invoice for the specific artwork and the customer has paid in full, unless expressly agreed otherwise.

All artworks are offered subject to availability and prior sale.

The provider is entitled to refuse or cancel an order before shipment if this is necessary for legal, security-related, technical or comprehensible business reasons. Any payments already made will in this case generally be refunded via the original payment method.

3. Characteristics of the Artworks

The essential characteristics of each artwork — in particular title, dimensions, material, technique, framing (if any), signature and other specific features — are stated in the respective product description.

Every original artwork is signed by the artist and, in principle, delivered together with a certificate of authenticity, unless the product description states otherwise.

As these are handmade original artworks, minor variations in colour, texture, surface, brushwork and appearance may occur. Such variations are considered characteristic features of a handmade artwork, provided the artwork essentially corresponds to the description and the agreed characteristics.

The display of colours may vary depending on the screen, lighting, camera and technical settings used.

4. Prices and VAT

The stated prices include statutory value-added tax (VAT). In addition, shipping costs and — for deliveries to countries outside Germany or the European Union — import duties, customs charges and other fees may apply.

The prices actually applicable to a given artwork are clearly shown on the product page and, at the latest, before the order is placed.

5. Shipping Costs and Other Costs

Shipping costs are calculated depending on size, weight, packaging, delivery address and the chosen shipping provider.

The shipping costs actually incurred, as well as any other costs connected with the order, are shown to the customer in the cart or, at the latest, before the order is placed, as a final amount.

For particularly large or heavy artworks, shipping may be carried out by a specialised freight carrier. Any additional costs will be communicated to the customer before shipment and must be confirmed before the special shipment is carried out.

For deliveries outside Germany, the following costs may additionally apply, in particular:

• Import VAT
• Customs duties
• Customs clearance fees
• Broker or handling fees
• Other fees of the destination country

These costs are levied by the competent authorities of the destination country and are, in principle, to be borne by the recipient, unless expressly agreed otherwise.

6. Payment Terms

Payment can be made — where offered in the ordering process — by international bank transfer or via a secure payment service or payment link.

The full purchase price, including the shipping costs shown in the cart, is payable before shipment.

The order will only be processed once full payment has been received in the provider's account and, where necessary, successfully verified.

Payments may be reviewed for fraud prevention and payment verification purposes. In the event of a reasonable suspicion of fraud, unauthorised use, money laundering, a payment error or a breach of these Terms, the provider may refuse, cancel or refund the order.

Overpayments, duplicate payments or payments made in error will, in principle, be refunded to the original payer and, where possible, via the original payment method.

7. Delivery and Delivery Times

Shipment generally takes place from Munich, Germany.

Once payment has been received in full, the artwork will generally be handed over for shipment within ten business days, unless another deadline has been expressly agreed.

The expected delivery time after handover to the shipping company is:

• Within Germany: up to eight business days from shipment
• Within the European Union: up to fourteen business days from shipment
• For international deliveries outside the European Union: depending on the destination country, shipping provider and customs procedures

The stated delivery times are expected maximum periods; in individual cases a longer period may be required due to the size, weight, special packaging requirements, a custom-made artwork, or circumstances beyond the provider's control.

For individually commissioned or personalised artworks, the expected production time is generally nine to twelve weeks, unless another deadline has been agreed. The specific timeframe will be communicated before the contract is concluded.

Delays caused by customs authorities, import restrictions, missing documents, unpaid import duties or other circumstances beyond the provider's control will extend the delivery period accordingly.

8. Shipping, Insurance and Transfer of Risk

The shipping method is selected taking into account the size, weight, destination and specific requirements of the artwork.

Artworks are carefully packed and, where necessary, packed in specialised art packaging or a wooden crate. Shipment generally takes place insured, provided that corresponding transport insurance is available and has been agreed.

The customer must provide a complete and correct delivery address. Once the shipment has been handed over to the shipping company, the delivery address can, in principle, no longer be changed or redirected, for insurance and security reasons.

For consumers, the statutory provisions apply to the transfer of risk. These shipping provisions do not limit any statutory consumer rights.

9. Damaged Deliveries

The customer is asked to inspect the delivery immediately upon receipt and to report any visible damage as soon as possible, and no later than within two calendar days, to the following address:

info@studio-lumen.art

The following documents may in particular be required to process a transport damage claim:

• Photos of the artwork
• Photos of the packaging
• Photos of the shipping box or wooden crate
• Photos of external damage
• A description of the damage, where applicable

A late report of damage may make it more difficult to process an insurance claim. The customer's statutory rights arising from a defect remain unaffected.

10. Statutory Liability for Defects and Warranties

Statutory liability for defects applies.

The provider is liable for defects in the artwork in accordance with statutory provisions. The customer's statutory rights are not limited by information relating to presentation, packaging, insurance or returns.

No warranty beyond the statutory liability for defects is offered, unless such a warranty has been expressly agreed in text form.

11. Right of Withdrawal and Returns

Consumers are generally entitled to the statutory right of withdrawal, unless a statutory exclusion applies.

A separate withdrawal notice, including a model withdrawal form, is provided to the consumer in text form before or at the latest upon conclusion of the contract.

The right of withdrawal may in particular be excluded for artworks that were made to the customer's specifications or are clearly personalised, provided the statutory requirements for this are met.

A voluntary return may be requested within fourteen days of receiving the artwork. The artwork must generally be returned in its original condition and adequately packaged.

The statutory provisions on withdrawal, liability for defects and refunds take precedence over any conflicting voluntary return conditions.

Where the right of withdrawal is effectively exercised, the statutory provisions on the repayment of payments received apply. With regard to return shipping costs, the information in the withdrawal notice applies.

12. Returns, Customs and Undelivered Shipments

If a shipment is refused without justification, not collected, or returned due to unpaid import duties, any resulting costs may only be claimed in accordance with statutory provisions and taking into account any applicable statutory right of withdrawal.

Where a return is due to circumstances for which the customer is responsible, redelivery may be agreed at the customer's expense.

13. Retention of Title

Ownership of the artwork does not pass to the customer until the full purchase price, including any agreed shipping costs, has been paid in full.

14. Copyright and Usage Rights

Copyright and other intellectual property rights in the artworks, photographs, images, texts and other content remain with Olga Takeda, unless expressly agreed otherwise.

The purchase of a physical artwork transfers only ownership of the specific physical work.

The following are, in particular, not transferred:

• Reproduction rights
• Publication rights
• Distribution rights
• Rights of use for commercial purposes
• Rights to digital editing
• Rights to produce prints or merchandise items

Any commercial use, reproduction or publication requires the artist's prior consent in text form.

15. Liability

The provider is liable without limitation, in accordance with statutory provisions, for damages arising from injury to life, body or health, as well as for damages based on intent or gross negligence.

For damages caused by slight negligence, the provider is only liable in the event of a breach of material contractual obligations. In this case, liability is limited to the foreseeable damage typical for this type of contract.

These limitations of liability do not apply where mandatory statutory provisions provide otherwise.

16. Force Majeure

The provider is not liable for delays or performance obstacles arising from events beyond its reasonable control. These include, in particular, natural disasters, strikes, transport disruptions, war, civil unrest, government measures, customs delays and failures of shipping providers.

Statutory rights of withdrawal and termination remain unaffected.

17. Complaints and Customer Service

For questions, complaints or problems relating to an artwork, an order, shipping or a return, the customer can contact the following address:

Olga Takeda
Email: info@studio-lumen.art

Complaints are generally acknowledged within five business days. The provider endeavours to process complaints within a reasonable time and to offer a solution.

18. Governing Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

19. Place of Jurisdiction

For consumers, the statutory places of jurisdiction apply.

An exclusive jurisdiction agreement is not made with consumers, insofar as this is not legally permissible.

20. Availability and Storage

These Terms & Conditions are made accessible to the customer before the order is placed. The customer can save and print them.

The contract information, order data and the applicable contract terms are provided to the customer, at the latest after conclusion of the contract, in text form — for example, by email or as a PDF.