GTCs

General Terms and Conditions THRdesign-Thomas Richter for artvariable / artvariable.com

Version from: 1.3.2025

Our Terms and Conditions serve to clearly and reasonably regulate the business relationship between our customers (you) and us. The following business and service conditions are part of all offers, agreements, orders, contracts, deliveries, and services with artvariable/artvariable.com and THRdesign – Thomas Richter (hereinafter always referred to as artvariable/THRdesign) as the operator of the artvariable.com website and all artvariable offerings. They apply to all current and future business transactions/relationships, even without being explicitly agreed upon again. For all legal relationships, the law of the Federal Republic of Germany applies. Deviating agreements, side agreements, and conflicting GT&Cs will not be recognized unless separately agreed in writing.

Contract partner:

THRdesign - Thomas Richter
Am Ring 2
86981 Kinsau
Germany

Tel.: +49 8869 2133225
E-Mail: info@thr-design.com
Website: www.thr-design.com

1. Offer, Order, Contract, Subject Matter and Execution

All offers by artvariable/THRdesign are non-binding and without obligation, unless otherwise agreed in writing. Inquiries, orders, and confirmations should generally be made in writing (via email) and automatically result in a contract with the customer upon our confirmation or sending an invoice (we do not operate an online shop with a cart leading directly to a contract). In exceptional cases, orders can also be placed verbally. Artvariable/THRdesign will make a note and send a short email confirmation to the customer. Additions and/or side agreements must be documented in writing to become part of the contract or require written confirmation by artvariable/THRdesign.

Many offers from artvariable/THRdesign concern limited works, unique pieces, or custom-made items. Our service begins only after receipt of payment.

2. Unique pieces, custom-made items, individually designed goods

Information, texts, or files for custom-made goods must be available at the time of contract conclusion (please send by email or provide download option). Later changes are only possible with our consent; this may result in price adjustments.

The data/content you provide must not violate the rights of third parties (especially copyright, personal rights, trademark rights) or laws. You guarantee this by sending it. You indemnify us against any claims from third parties in this context, including any legal costs that may arise.

3. Prices, due dates, payments

All prices on the website (artvariable.com) are final prices for the offered works/objects including applicable German VAT. Shipping costs are not included and will always be communicated and added.

Invoices must be paid within 7 days. Only then does production and subsequent shipping, or shipping of stock items, take place.

Payments can be made by bank transfer or PayPal. Cash payment is only possible for personal pickups/handovers.

4. Deliveries

Delivery is made to the address provided to us and stated in the invoice. We ship worldwide on request. Some originals may be located abroad; shipping is from the location of the artwork or item.

5. Certificates, Signature

For unique pieces, originals, and limited editions, you will receive a certificate.

For limited editions, artvariable/THRdesign issues the certificate. For originals, the certificate comes directly from the artist. If a purchase of an original or limited work must be reversed, the issued certificate must be returned. Without the returned certificate, a reversal is not possible. If a certificate or edition certificate is attached to the artwork, frame, mounting, or elsewhere, the right of withdrawal expires.

6. Withdrawal

You have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal must be sent in writing (by post or email) within 14 days after the contract is concluded or after receiving the goods.

The following exclusions apply:

• Digital works (the right of withdrawal expires once contract fulfillment begins on our side).
• Individually created works (once you approve the presentation and we begin contract fulfillment, the right of withdrawal expires).
• Limited editions (as they are usually produced only after order and payment, the right of withdrawal expires upon payment).
• Photography prints (the right of withdrawal also expires upon order and payment).

7. Consequences of withdrawal

If a contract is withdrawn, we will refund all payments received regarding this contract, including standard shipping costs (if you chose a different shipping method, only standard shipping costs are refunded). Return shipping costs are borne by the customer. Refunds are made within 14 days. For returned goods, the refund occurs after receipt of the items, within 14 days.

Returned goods must be sent back within 14 days of declaring withdrawal. If the goods were sent in original packaging, this must be used for the return. For other packaging or damaged original packaging, use the packaging in which you received the goods or equivalent. The goods must be protected from damage during return.

Customers bear the cost for any loss in value of goods due to improper handling or return.

8. Retention of title, offsetting, retention

Goods remain our property until full payment of the purchase price. You may only offset claims if your counterclaims are recognized by us or legally established. You may only exercise a right of retention if it arises from the same contractual relationship.

The customer is not entitled to assign claims from contracts.

9. Liability, warranty

Statutory warranty rights apply. If the customer is an entrepreneur under §14 BGB, the warranty period is 1 year from delivery. For consumers, the statutory period of 2 years applies. Warranty is always according to statutory provisions (BGB 437 ff) unless otherwise stated below.

We are liable for damages to life, body, or health caused by intentional or negligent breach of duty, or other intentional/negligent behavior. Liability is limited to foreseeable typical contractual damage. No liability for indirect or consequential damages not typical for the contract.

Differences in color, size, material structure, and dimensions may occur between website images and actual items; we are not liable. We will inform you about differences and true characteristics before the contract.

Only our specifications and, if applicable, the manufacturer’s product description apply, not other advertising or statements.

If a defect occurs, we will remedy it by repair or replacement. If unsuccessful, you may demand reduction or withdrawal. Two unsuccessful attempts at remedy are considered failed unless circumstances indicate otherwise. We are not obliged to bear increased costs from moving goods to another location unless it corresponds to intended use.

Defects must be reported in writing immediately, generally within two weeks.

10. Rights, reproductions

Purchasing an original grants ownership of the work, not copyright. Copyright remains with the artist. Reproductions are not allowed. Licensing may be negotiated separately with the artist.

Limited editions follow the same rules. The artist retains copyright. Further reproductions are not permitted.

Purchasing a photographic print only transfers ownership of the print, not image or copyright.

Any reproduction, distribution, rental, public access, or other use is prohibited unless legally allowed. Purchased works may be resold, but rights are not transferred.

11. Data protection

All data you provide is treated confidentially, stored, and only used to fulfill agreed services. More information is in our privacy policy at www.artvariable.com.

12. Governing law, place of performance, jurisdiction

German law applies to all legal relationships. For consumers, this applies only to the extent that mandatory protections of the consumer’s country are not affected (principle of advantage).

For merchants, legal entities under public law, or if no general jurisdiction exists in Germany or the EU, or residence/ordinary domicile is unknown: place of performance and jurisdiction is our company location.

UN Sales Convention provisions do not apply.

13. Online / Alternative dispute resolution

The EU Commission provides an online platform for dispute resolution at https://ec.europa.eu/odr. This platform will cease operations on 20.7.2025.

We are not legally obliged to participate in dispute resolution and will not do so.

14. Miscellaneous

Emails are considered delivered when the recipient’s server accepts them. Emails may be sent unsigned and unencrypted unless a written agreement states otherwise.

If any provision of these GT&Cs is invalid, the validity of all other provisions remains unaffected. Customer and artvariable/THRdesign agree to replace invalid provisions with valid ones closest to the economic intent.

Download the GT&Cs as PDF: here