Terms of service
Terms and Conditions
1. Scope
These General Terms and Conditions (T&Cs) apply to all deliveries that Petra Penz (hereinafter referred to as the Seller) provides to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
2. Contracting Party
The purchase contract is concluded with Petra Penz, Address: Auf dem Bol 32, 72336 Balingen, Germany, hello@petrapenz.art.
3. Contract Formation
3.1 The presentation of products in the online shop does not constitute a legally binding offer, but only an invitation to place an order. 3.2 By clicking on the button [Buy/Buy Now], you submit a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order.
4. Right of Withdrawal
4.1 If you are a consumer (i.e., a natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to your independent professional activity), you are entitled to a right of withdrawal in accordance with statutory provisions. 4.2 If you as a consumer exercise your right of withdrawal pursuant to point 4.1, you shall bear the regular costs of return shipment. 4.3 In all other respects, the right of withdrawal is governed by the provisions of the withdrawal policy detailed below.
5. Withdrawal Policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
Unfortunately, we cannot accept returns for digital products or gift certificates.
Only undamaged items that show no signs of use, stains, visible fingerprints, or similar can be returned. The items must be packaged at least as safely and stably as you received them.
Please note that any individual characteristics of the artwork, such as paint splatters or similar, are part of the uniqueness of the one-of-a-kind piece and do not entitle you to return the item after the expiry of the statutory withdrawal period.
To exercise your right of withdrawal, you must inform us (Petra Penz, Auf dem Bol 32, 72336 Balingen, Germany, hello@petrapenz.art) by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. If you make use of this option, we will immediately send you confirmation (e.g., by email) of the receipt of such withdrawal.
If your return is accepted, we will provide you with instructions on how and where to send your package. Items returned to us without prior agreement will not be accepted.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6. Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
You shall send back or hand over the goods to us (Petra Penz, Auf dem Bol 32, 72336 Balingen, Germany) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
7. Damages and Problems
Please check your order upon receipt and contact us immediately if the item is defective or damaged, or if you have received the wrong item, so that we can assess and resolve the problem. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If you have any questions about returning the goods, you can contact us at any time at hello@petrapenz.art.
8. Prices and Shipping Costs
8.1 The prices indicated on the product pages include statutory value-added tax and other price components. 8.2 In addition to the stated prices, we charge the standard shipping costs listed below per order for delivery. The shipping costs depend on the size/weight of the delivery and the destination country. The shipping costs are clearly indicated on the product pages, in the shopping cart system, and on the order page.
9. Delivery
9.1 The delivery time is 2 to 5 business days. We will indicate different delivery times on the respective product page. The Seller assumes no liability for delays not within their responsibility. 9.2 The Buyer is obligated to accept the goods. 9.3 If goods are delivered with obvious transport damage, the Buyer must report such defects to the delivery person and contact the Seller immediately. Failure to report the defect or contact the Seller has no consequences for the Buyer; however, it helps the Seller to assert claims against the freight forwarder or transport insurance. 9.4 Delivery is made exclusively within Germany and the EU.
10. Payment
10.1 Payment can be made either via PayPal or by charging a credit card.
11. Retention of Title
The goods remain the property of the Seller until full payment has been made.
12. Copyrights
With the purchase of an artwork, the Buyer acquires only the ownership rights to the physical object, but not usage rights or the authority to reproduce it. Any unauthorized reproduction, distribution, or public display of the work constitutes a copyright infringement that will be legally pursued. The resale of the original, however, is permissible. For any further use of the artwork, the consent of the artist must be obtained in each individual case.
13. Final Provisions
For all legal relationships between Petra Penz and the customer, the law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.