Seller information: see Imprint
1. Scope
These Terms and Conditions apply to all contracts concluded between Josef Sobotta (“Seller”) and the customer (“Customer”) via the online shop at [domain]. Deviating terms of the Customer do not apply unless expressly agreed in writing.
2. Conclusion of contract
2.1 The presentation of products in the shop does not constitute a binding offer; it is an invitation to submit an offer.
2.2 By clicking the “Buy now” / “Order with obligation to pay” button, the Customer makes a binding offer to purchase the items in the cart.
2.3 The Seller confirms receipt of the order by automatic email. This confirmation does not yet constitute acceptance. The contract is concluded when the Seller issues an express order confirmation or dispatches the goods.
3. Products
The Seller offers two product categories:
(a) Original paintings (acrylic on canvas), each a unique work.
(b) Fine art prints, produced on demand by an external print partner after each individual order. Prints are not pre-manufactured stock; the Customer selects the print size and paper type during checkout, and production is initiated specifically for that order.
Slight deviations in colour between the screen display and the actual work or print are possible for technical reasons and do not constitute a defect.
4. Prices and shipping costs
All prices are final prices including statutory VAT. As a small business under § 19 UStG, no VAT is shown separately. Shipping costs are shown separately during checkout.
5. Payment
Accepted payment methods are displayed during checkout ([PayPal, credit card, …]). Payment is due immediately upon conclusion of the contract unless otherwise agreed.
6. Delivery
6.1 Delivery is made to the address provided by the Customer.
6.2 Delivery times depend on the product:
(a) Original paintings: 14 working days after receipt of payment unless otherwise stated on the product page.
(b) Prints: typically 5 to 12 working days after receipt of payment (production by the print partner plus shipping). Specific times may be stated on the product page.
6.3 International shipping: the Customer is responsible for any customs duties and import taxes outside the EU.
7. Retention of title
The goods remain the property of the Seller until full payment has been received.
8. Right of withdrawal for consumers
The right of withdrawal described below applies to original paintings only. It does not apply to fine art prints: pursuant to § 312g Abs. 2 Nr. 1 BGB, the right of withdrawal is excluded for goods that are not pre-made and whose production is governed by an individual selection by the Customer. Each print sold in the shop is produced on demand after the Customer selects the size and paper type during checkout, and is therefore excluded from the right of withdrawal. The Customer is informed of this exclusion before placing an order for a print and acknowledges it as part of the order.
Withdrawal policy
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days after the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Josef Sobotta, Imprint) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.
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.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw 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 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 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 handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To: Josef Sobotta, [address], [email]
— I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.
9. Statutory warranty
The statutory warranty rights under German law apply (two years from delivery for new goods, § 438 (1) No. 3 BGB).
10. Liability
10.1 The Seller is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused intentionally or by gross negligence.
10.2 For slight negligence, the Seller is liable only for breach of a material contractual obligation (cardinal obligation) and limited to foreseeable, typical damages.
10.3 Any further liability is excluded. Liability under the Product Liability Act remains unaffected.
11. Data protection
Personal data is processed in accordance with our Privacy Policy.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our email address can be found above.
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle).
13. Applicable law and jurisdiction
13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the mandatory consumer protection provisions of their country of residence are not thereby withdrawn.
13.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered place of business.
14. Severability
Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: 2026-04-22