AGB
Terms and Conditions (T&Cs)
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter referred to as "T&Cs") apply to all contracts concluded through our online shop between us, Pixara [Altstädtische Große Heidestraße 4, 14770 Brandenburg, GERMANY [service@pixara.de] (hereinafter referred to as "Seller" or "we"), and you as our customer (hereinafter referred to as "Customer" or "you"). The T&Cs apply regardless of whether you are a consumer, entrepreneur, or merchant. The version of the T&Cs valid at the time of the conclusion of the contract is decisive.
(2) We do not accept any terms and conditions of the customer that deviate from our T&Cs. This also applies if we do not expressly object to their inclusion.
(3) The customer is considered a consumer if the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of Contract
(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) You can select products from our range, particularly posters and art prints, and collect them in a shopping cart by clicking the "Add to Cart" button. By clicking the "Place Order" button, you submit a binding request to purchase the goods in the shopping cart. Before submitting the order, you can view and modify the data at any time. The request can only be submitted and transmitted if you accept these terms and conditions by clicking the "Accept T&Cs" button, thereby including them in your request.
(3) We will then send you an automatic confirmation of receipt by email, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that your order has been received by us and does not constitute acceptance of the request. The contract is only concluded by the issuance of the declaration of acceptance by us, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of order, T&Cs, and order confirmation) on a durable data carrier (email or hard copy) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(4) We currently cannot process orders for deliveries abroad.
(5) The contract is concluded in the German language.
§ 3 Delivery Conditions
(1) We are entitled to make partial deliveries, provided this is reasonable for you.
(2) The delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance. Unless a different delivery time is specified for the respective goods in our online shop, it is 5-7 business days.
(3) If, at the time of your order, no copies of the product you have selected are available, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(4) If the product designated in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
(5) The following delivery restrictions apply: We only deliver to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, France
§ 4 Prices and Shipping Costs
(1) All price quotations in our online shop are final prices and do not include applicable shipping costs. As a small business, we do not charge VAT pursuant to § 19 UStG and therefore do not show it.
(2) The shipping costs are specified in our price quotations in our online shop. The price, including VAT (if applicable) and any applicable shipping costs, will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively withdraw your contractual declaration, you can request the reimbursement of already paid costs for shipping to you (delivery costs) under the legal conditions.
(5) The goods are shipped via postal service. If you are a consumer, we bear the shipping risk.
(6) In the event of a purchase withdrawal, you bear the direct costs of returning the goods.
§ 5 Payment Terms
(1) You can pay in our online shop by credit/debit card, Klarna, or PayPal.
(2) You can change the payment method stored in your user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, you will be in default by missing the deadline. In this case, you must pay us default interest at a rate of 5 percentage points above the base interest rate per annum.
(4) The obligation to pay default interest does not preclude us from claiming further default damages.
§ 6 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We are liable for material or legal defects of delivered items according to the applicable statutory provisions, particularly §§ 434 ff. BGB. The statutory limitation period for defect claims is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.
(2) Any seller guarantees provided by us for specific items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material or legal defects as defined in paragraph 1. Details of the scope of such guarantees are specified in the warranty conditions that may be included with the items.
§ 8 Liability
(1) Customer claims for damages are excluded. This exclusion does not apply to claims for damages by the customer arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the seller is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the seller's legal representatives and agents if claims are asserted directly against them.
(4) The limitations arising from paragraphs 1 and 2 do not apply insofar as the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Data Protection
Detailed information about data protection at our company, particularly regarding the extent of data processing and your legal rights, can be found in our Privacy Policy at: https://www.pixara.de/datenschutz.
§ 10 Transport Damage
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
§ 11 Conditions for AI-Generated Art
(1) The works available at Pixara are created by artificial intelligence. Each product, though unique, is generated by AI systems without traditional artistic methods.
(2) Our offerings aim for uniqueness in their creations. However, given the vast volume of artworks worldwide and the repetitive nature of algorithms, we do not guarantee that there will be no similarities to existing art.
(3) The result of the AI is based on data-driven methods and does not contain human emotions, intentions, or conscious artistic sensitivities. The appreciation of such art varies and remains an individual experience.
(4) Pixara assumes no responsibility for misunderstandings or disputes arising from the similarity, interpretation, or perception of AI-generated content.
(5) The engagement with or use of AI-generated content from Pixara is the sole responsibility of the buyer. Pixara is not liable for claims, damages, or losses arising from the use of the artwork or its functionality.
(6) Pixara reserves the right to change or revise these conditions at its sole discretion without prior notice.
§ 12 Statutory Right of Withdrawal for Consumers
Cancellation Policy
Right of Withdrawal:
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 named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, Pixara, by means of a clear statement (e.g., email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
You can also electronically fill out and submit the model withdrawal form or another clear statement on our website https://www.pixara.de. If you use this option, we will immediately (e.g., by email) send you a confirmation of receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for the additional costs arising from choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this 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 we 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 fourteen 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 fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of goods that can spoil quickly or whose expiration date would quickly be exceeded.
- Contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
- Contracts for the supply of goods which, according to their nature, are inseparably mixed with other items after delivery.
- Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market which cannot be controlled by the entrepreneur.
- Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
- Contracts for the supply of newspapers, periodicals, or magazines with the exception of subscription contracts.
- Contracts for the supply of goods, whose price depends on fluctuations in the financial market that cannot be controlled by the entrepreneur and which may occur within the withdrawal period.
§ 13 European Dispute Resolution for Consumers
(1) We refer to the Online Dispute Resolution for consumers pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. This platform can be used for the out-of-court settlement of disputes arising from online contracts.
(2) We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you placed the order as a consumer and, at the time of your order, your habitual residence is in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law stated in sentence 1.
(2) If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The statutory provisions, if any, shall replace the invalid points. However, if this would cause undue hardship to either party, the contract as a whole becomes invalid.