General terms and conditions of business
Table of Contents
- Scope and Provider
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Conditions for AI-generated Art
- Liability
- Governing Law
- Alternative Dispute Resolution
1) Scope and Provider
1.1 These General Terms and Conditions (hereinafter "GTC") of Daniel Schmidt, trading as "Pixara" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 The provider and contractual partner is:
Daniel Schmidt, Pixara Altstädtische Große Heidestraße 4 14770 Brandenburg an der Havel Germany
E-mail: service@pixara.de
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail) after the order is sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The contract language is German.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 Consumers can also declare the withdrawal via the withdrawal function provided on the Seller's website. This can be accessed via the "Cancel contract" button. The declaration of withdrawal by other means, in particular by e-mail or letter, remains unaffected.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. VAT is not shown as the Seller is a small business within the meaning of § 19 UStG (German Value Added Tax Act). Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 The payment option or payment options are communicated to the Customer in the Seller's online shop.
4.3 When selecting a payment method offered via the "Shopify Payments" payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be pointed out separately if applicable. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person entitled to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Print-on-Demand
The products offered by the Seller are manufactured exclusively using the print-on-demand process and are only produced after receipt of the order. Returns are not sent back to the Seller, but to the respective production facility.
The Customer is requested to carefully check their delivery address before sending the order. For the consequences of a failed delivery, clause 5.2 applies.
6) Retention of Title
If the Seller provides performance in advance, they reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and shortening of periods regulated above do not apply
- to claims for damages and reimbursement of expenses of the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Promotional Vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.
8.4 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Several Promotional Vouchers can be redeemed for one order.
8.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
8.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.8 The credit of a Promotional Voucher is neither paid out in cash nor bears interest.
8.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.10 The Promotional Voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of power of representation of the respective holder.
9) Conditions for AI-generated Art
9.1 The motifs offered by the Seller are created using generative AI systems and are selected and prepared for printing by the Seller. Creation using traditional artistic methods does not take place.
9.2 The Seller strives for unique motifs. Given the volume of existing artworks worldwide and the way generative systems work, however, it cannot be ruled out that similarities to existing works may occur.
9.3 Color representations on the Customer's screen may differ from the printed result depending on the device, screen settings, and ambient light. Minor production-related deviations in color, trimming, and material structure as well as industry-standard dimensional tolerances are possible and do not constitute a material defect, provided they do not exceed the usual scope.
9.4 Usage Rights
With the purchase of a wall picture, the Customer acquires ownership of the delivered piece of work. Rights to the depicted motif are not transferred. Reproduction, processing, public display, or commercial reuse of the motifs is not permitted without a separate agreement.
10) Liability
The Seller is liable according to statutory provisions, unless otherwise determined below.
10.1 The Seller is liable without limitation
- for damages resulting from injury to life, body, or health, which are based on a breach of duty by the Seller, their legal representatives, or vicarious agents,
- for other damages based on intent or gross negligence by the Seller, their legal representatives, or vicarious agents,
- in the event of fraudulent concealment of a defect,
- within the scope of a guarantee assumed by the Seller,
- according to the provisions of the Product Liability Act.
10.2 In the case of a slightly negligent breach of a material contractual obligation, i.e., an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely, the Seller's liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
10.3 Otherwise, the Seller's liability is excluded.
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Alternative Dispute Resolution
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status: 02.09.2026