Unauthorized copying, reproduction, or use of the Artworks / Content for private or commercial purposes is not only a violation of copyright but also a criminal offense. Any infringement will be subject to legal consequences

General Terms and Conditions of “Create(S)tudio”

(as of: 1 December 2023)

 1. Scope of Application; Contract Language; Definitions

1.1 These General Terms and Conditions of Business (hereinafter: T&C) shall apply to all purchase orders placed by you from the website of Create(S)tudio, proprietor: Willem Sterrenberg Breedt. Our deliveries, services and offers are based exclusively on these T&C. Terms and conditions of business that diverge from these T&C shall not apply. Counter-confirmations referring to your own terms and conditions of business and/or purchase are hereby expressly refuted; such terms and conditions shall not become a constituent part of any agreements, unless they have been confirmed in writing.

 1.2 English is the language used for concluding the contract.

1.3 "Consumer" within the meaning of these T&C is any customer who concludes a contract as a natural person for purposes not predominantly attributable to his/her trade or self-employment.

1.4 "Business owner" within the meaning of these T&C is any customer who when concluding a contract acts in pursuit of his/her trade or self-employment.

2. Conclusion of a Contract

2.1 The presentation of the products on the website does not constitute a binding offer to conclude a contract. On the contrary, it constitutes a non-binding invitation to order products from Create(S)tudio.

2.2 The products you select using the” Let’s Create together” button / or enquiry directly are summarised for you again in an official quotation. You can check all the information given via the quotation phase, obtain additional information directly from the artist. You can make further additions or amendments; i.e. additional framing, courier etc. and will be provided and explained during the ordering process.

2.3 Signing and return sending the quotation, you submit your order details and declare to us your legally binding offer to purchase the products.

2.4 After your acceptance of our offer has been received, you are sent an order acknowledgement by email, again setting out the details of your order. This acknowledgement does not yet bring about a contract.

2.5 A purchase contract for the product(s) is only brought about when we expressly declare our acceptance, or - in the absence of an express declaration of acceptance issued in advance - when we actually dispatch the product(s).

3. Set-Off; Right of Retention

You shall be entitled to set-off and to exercise a right of retention only in respect of counter-claims that are undisputed or have been declared in a final and non-appealable court ruling. A right of retention shall be permissible only in relation to claims arising from the respective contractual relationship concerned.

4. Terms of Delivery

4.1 Preferably, we deliver by shipment only. Unless otherwise agreed, delivery is made ex studio to your private address or to the delivery address you have provided. It is possible for you to collect the goods yourself, if you would like to visit my studio. We do not deliver to packing stations.

4.2 Imports of products into countries outside of Italy may be subject to import duties, which you have to pay. These vary from one customs territory to another. You shall be responsible for due payment of any customs levies and duties that are necessary.

UK customers please note:

The consequences of Brexit are now in effect. Your order in our shop might be subject to customs and excise duties levied on imports.

5. Prices & Payment Terms;

5.1 The prices stated online are final prices. Shipping charges must be added to the product prices quoted. Further information on shipping charges is available on request, and will be handled separately.

5.2 The following payment methods are generally available:

PayPal:

If you choose, you can pay securely and easily via PayPal your payment is then credited to us directly, enabling us to process your order immediately. If you return the product you have ordered, the amount already paid is credited to your PayPal account. No additional charge is made for paying via PayPal.

Direct transfer:

If you choose the payment method "direct transfer", you can obtain my banking details via e-mail / mobile phone. To be able to pay the invoiced amount via instant transfer, you need to have an online bank account You will also need to prove your authorisation and confirm your payment instructions before the remittance is made. No additional charge is made for payment by instant transfer. Please forward the payment advise to me, so that I can initiate packaging and shipping.

6. Retention of Title

The product shall remain our property until the purchase price has been paid in full. Once released, you will become the owner of the art work. All rights to the artwork remain with Create(S)tudio, and we are entitled to reproduce, re-sell digital copies and explore online, print and advertising channels. Written permission is required, should you wish to reproduce, copy print the artwork. A fee will be negotiated.

7. Transport Damage; Duty to Inspect

If you are a consumer (see subsection 1.3 above) and if products that have obviously been damaged in transit are delivered to you, you must immediately lodge a complaint about the damage with the supplier and contact us without delay. If you are deemed to be a consumer (see subsection 1.3 above), failure to lodge a complaint or to contact us shall in no way affect your statutory rights or enforcement thereof, in particular your warranty rights. 

8. Warranty

8.1 Unless expressly agreed otherwise, your warranty rights shall be governed by the statutory provisions of the law on sales. As this is an original work of art, it shall be deemed sold as is.

8.2 If you are a consumer the limitation period to apply to claims, on or before the piece of art leaves the studio. Please ensure to request insurance when confirming shipping. Most providers offer insurance, and we can add that to the shipping costs. Create(S)tudio will not be held responsible based on any other loss due to an intentional or grossly negligent breach of duty on the part of the user or its authorised agents.  In all other respects, the warranty shall be governed by statutory provisions.

With all due care, you must immediately inspect the product for any deviations in quality or quantity and report obvious defects to us within 7 days of receipt of the product. To meet the time limit it shall suffice to send off the report in a timely fashion. This shall also apply to hidden defects subsequently discovered, from the time when these are discovered. If the duty to inspect the goods and lodge a complaint is breached, there shall be no right to return the piece or request for a refund.

 In the event of defects, we shall honour our word by making repairs or by supplying a replacement, at our own option (supplementary performance). 

9. Liability

9.1 Any liability on our part – for whatsoever legal cause – shall be excluded.

10. No Granting of Rights of Use

By purchasing the product, you merely acquire in rem ownership of the product. No rights of use of any kind whatsoever shall be granted in respect of the product. Unless allowed by law, it shall not be permissible to reproduce (copy), distribute, make publicly accessible or otherwise exploit the acquired product in analogue or digital form. However, you shall be permitted to on-sell the product you have purchased. 

11. Right of Withdrawal

Create(S)tudio points out that the right of withdrawal does not apply to works with a design freely chosen by the customer,” commissioned work” since works thus produced are made individually to the customer’s specifications. For commissioned pieces, a right of withdrawal is hereby excluded in accordance with Section 312 g (2), no. 1 BGB.

If you withdraw from your contract, Create(S)tudio shall reimburse to you all payments received from you, excluding the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Create(S)tudio), without undue delay and in any event not later than 14 days from the day on which we are been informed about your decision to withdraw from your contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until they have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

12. Data Protection

We collect, process and use your personal data for the purpose of performing and handling the purchase contract with you. This data is treated confidentially and will not be passed on to any third parties that are not involved with the ordering, delivery or payment process. Further information on data processing and data protection is contained in our Privacy Policy.

13. Final Provisions

13.1 If one or more provisions of these T&C are or become ineffective, this shall be without prejudice to the validity of the remaining provisions.

13.2  The contractual relationship with you shall be governed exclusively by the laws of the Italy, excluding UN sales law (CISG). If you have concluded the contract as a consumer (see subsection 1.3 above), the mandatory consumer protection regulations in force in your country of residence shall apply in addition, insofar as these afford you greater protection.