General Terms and Conditions & Cancellation Policy Note: This English version of the Terms and Conditions is provided solely for better understanding. Only the original German version is legally binding.
Status: 27.04.2025, Download as PDF
§ 1 Scope of application
(1) The following general terms and conditions apply to all legal transactions with Sonja Neuroth, Kantorie 75, 45134, hereinafter referred to as "we". Legal transactions may be concluded by telephone, e-mail or via the website.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
(3) The version of these GTC valid at the time of the order shall apply.
(4) The prices at the time of booking apply.
(5) If certain discount or promotional offers are advertised, these are limited in time or quantity.
§ 2 Subject matter of the contract and general information
The subject of the contract are the following services offered on our website:Paintings, art prints and digital drawings and resulting products, production of commissioned works as paintings, designs or logos, sale of digital products (audios, e-books).
§ 3 Prices, terms of payment and due dates
(1) Our prices are to be understood as gross prices (incl. statutory VAT, shown for Germany).
(2) An invoice will generally be sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to us within 7 days.
(3) Access to the respective products as well as the shipment of the physical products is subject to prior receipt of payment. As soon as we have received your payment or down payment, you are entitled to our corresponding consideration from this point in time. In the case of physical goods, these remain our property until full payment has been received.
(4) In some cases, we also offer payment in installments. The total amount may be higher compared to full payment. We will inform you of this amount in advance. Early termination of an installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the increased installment amount, if applicable) in part or in full at any time before the end of the agreed period.
(5) Interest shall be charged for late payments for both purchases and installment purchases in the agreed amount (the installment payment amount is generally higher than for a single payment) as well as costs for appropriate reminders. If the internal dunning process is unsuccessful, we can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for legal representation.
(6) If we have agreed payment in installments and you fail to pay after a reminder in text form and a grace period, we are entitled to terminate the installment payment prematurely and the entire outstanding amount shall then become due immediately.
(7) You are not entitled to assert a right of retention or set-off against our payment claims, unless the counterclaims are undisputed or legally enforceable.
(8) If a Sepa direct debit mandate issued by you is terminated without a legal reason, you will have to pay not only the bank charges for returned direct debits but also legal advice. In addition, such action may also result in criminal prosecution.
(9) If you are in default of payment or otherwise in arrears, we shall be entitled to refuse performance or delivery until all payments due have been made. Furthermore, we are entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate any damages incurred. These rights shall apply without prejudice to other contractually agreed or statutory rights and claims on our part.
§ 4 Formation of the contract
(1) The subject of the contract are the paintings offered on our website and the sale of products based on these paintings (e.g. printing on mugs or digital images)
(2) The offers on our website are non-binding and do not constitute a legally binding offer to conclude a contract.
(3) You can submit a binding purchase offer (booking) via the integrated store on the website or by sending a direct inquiry by email or using a contact form:
You book one of the services offered by going through the following steps:
Orders via the online store
1) You can find our offers under the heading "Shop" and in the corresponding sections on the website.
2) You can see directly which products are on offer and can select them with one click. For some products you have the possibility to choose different options (original painting or art print, different colors and sizes etc.).
3) If you select the product and - if available - the option, you can see directly whether the variant is still available or not. If the offer is available, you can add it to the shopping cart by clicking on the button. Alternatively, as a Paypal Apple Pay or Google Pay payer, you can also pay for the respective product directly at this point by clicking on the respective button for the payment method. You will then be automatically redirected to the respective payment provider and enter your payment details in the window that appears after clicking. The order will be placed as soon as you have entered your payment details and confirmed once again that you are purchasing the product.
4) At the top you can view the shopping cart at any time and remove the selected products or change the quantity.
5) Once you have all the products in your shopping cart, click on the Show shopping cart button. Now you can check your order again.
6) If you have a voucher code, you can now enter this as well.
7) By clicking on the "Checkout" button, you will be taken to another page where you can either create a customer account or order as a guest.
8) Some information is required for invoicing:
-first name and surname
-Address
-E-mail address
In addition to this data, if you wish to create a user account, we require a user name and a password of your choice.
9) You also have the option of subscribing to the newsletter by clicking on the "Subscribe to newsletter" box.
10) The payment options available to you are direct bank transfer, payment by credit card or payment via PayPal, Apple Pay and Google Pay.If you choose the payment option PayPal, Apple Pay or Google Pay, please note the following: By clicking on the respective button, you will be redirected to the provider's log-in page. Once you have successfully logged in, your address and account details stored with PayPal, Google Pay or Apple Pay will be displayed. Payment is processed via the respective payment provider under their terms and conditions.When paying by credit card, you must enter your credit card details in the fields provided. Your order is then completed by clicking on the "Buy now" button via a secure connection. As soon as your payment or deposit has been received, you are entitled to our corresponding consideration. Bank transfer: We will send you the invoice as a PDF file by e-mail. You then transfer the specified amount to our business account.
11) Before completing the order, you give your consent to the storage and processing of your data (only for booking processing see § 4) and your consent to these terms and conditions, the right of withdrawal and the privacy policy by clicking in the respective boxes. You will find all texts linked there.
You must also agree to waive your right of withdrawal if the appointment takes place before the end of the 14-day withdrawal period or if it is a digital product to which you have immediate access.
12) Finally, click on the "Buy now" button and submit a binding offer to us. In doing so, you are offering us the conclusion of a purchase contract for the booking.
13) You will receive a confirmation email from us immediately after submitting your booking, but this does not constitute acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your booking by means of a separate email. This is the acceptance of your booking offer. The contract is concluded at that moment.
Booking via inquiry/contact form/e-mail
1) You can find our offers on our website.
2) You can send us an inquiry via our contact form on the website. If you are interested in a commissioned work (a picture that is made individually for you, taking into account your wishes and in the style of Sonja Neuroth), you can also fill in a form with your wishes in the section for commissioned works. Since a commissioned work is very individual and varies in complexity, we can only make you an offer for the realization and the associated costs after you have indicated your wishes. You have the choice of whether or not to accept this offer.
3) After completing the form, we will contact you by e-mail with a corresponding offer. Once you have confirmed that you would like to make use of our services, we will send you an e-mail confirming the booking and the invoice together with these General Terms and Conditions. This is the acceptance of your booking offer. The contract is concluded at that moment.
4) Payment in advance is available as a payment option. You can pay by bank transfer or PayPal.
§ 5 Contract term and termination
(1) The respective term of our contract depends on the service booked. As a rule, the contract ends automatically upon fulfillment. This means that you have paid our entire fee and we have provided the corresponding service in return.
(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part exists in particular if you are in arrears with payments more than twice, if you intentionally violate provisions of these GTC and/or have intentionally or negligently committed prohibited acts or if our relationship of trust is permanently disturbed.
§ 6 Access to digital products
(1) You will receive the access data for your digital product immediately after receipt of payment by e-mail with the download link. You can use this link to download the product from a maximum of 3 different devices within 14 days.
(2) If the ordered product is not available, we will of course inform you immediately. If you wish to withdraw from the contract due to a delay of more than two weeks, any payments already made will be refunded to you.
§ 7 Collection, storage and processing of personal data
(1) We require the following data from you to carry out and process a booking:
- First and last name
- E-mail address
- Postal address (for the shipment of physical products)
- if necessary, photos as templates for portrait commissions (e.g. of your pet or yourself)
- Telephone number (in the event of a telephone agreement regarding a commissioned work)
(2) We use the data provided by us without your separate consent exclusively for the fulfillment and processing of your booking/purchase.
(3) Any further use of your personal data for the purposes of advertising, market research or the needs-based design of our offers requires your express consent.
(4) If you change your personal details, especially if you change your e-mail address or telephone number, please let us know by e-mail.
§ 8 Right of withdrawal for consumers
(1) As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(2) The withdrawal period begins with the conclusion of the contract. The contract is concluded at the moment you receive the confirmation of participation from us.
You can cancel your booking free of charge within 14 days, whereby sending the relevant form is sufficient to meet the deadline.
(3) If the booking is revoked within 14 days and the service has already begun during this period, only a pro rata refund of the costs can be made. Services already provided will then be deducted from the refund.
(4) With regard to the digital products, you waive your right of withdrawal, as you have access to the content immediately after purchase.
(5) You also waive your right of withdrawal if you order a personal commissioned work (painting, illustration, logo, etc.) from us, as this is specially made for you.
§ 9 Delivery of the goods and shipping costs
(1) We deliver to delivery addresses within Germany, the EU, Switzerland and the United Kingdom.
(2) Shipping costs vary depending on the country to which the goods are sent.
Shipping within Germany is free of charge.
- EU countries: Shipping fee for smaller items (oracle cards, books, T-shirts and coffee mugs): EUR 3.70; paintings and art prints up to 50cm in size: EUR 16; paintings and art prints over 60cm: EUR 20; free shipping for orders over EUR 150 in total value.
- Switzerland and United Kingdom: Shipping fee for smaller items (oracle cards, books, T-shirts and coffee mugs): 3.70 EUR; paintings and art prints up to 50cm in size: 26 EUR; paintings and art prints over 60cm: 29 EUR; shipping free of charge for total orders over 150 EUR
Please note that shipping to countries outside Germany can usually take a few days longer and that shipping to countries outside the EU usually incurs additional customs duties for the import of works of art. These must be paid by the buyer.
(3) An estimated delivery period is usually specified for the respective product. If no delivery period is specified in the item description, the goods will be delivered in Germany within 2-3 days by Deutsche Post, DHL or Hermes after receipt of the order confirmation. For works that must first be produced (commissioned works, art prints, prints on products), the respective production time for the product is added.
(4) There is no delivery on Sundays and public holidays. If you have ordered items with different delivery times, we will send the goods in a single shipment, unless we have made other arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
(5) Orders received before 12.00 noon on Monday to Friday will be dispatched on the next working day but one, provided the day of the order is not a public holiday.
(6) It should be noted that public holidays are not uniform throughout Germany and that the services are provided in different federal states, e.g. Bavaria. The above-mentioned special features for public holidays therefore apply to public holidays in the respective federal states in which service providers are involved in the processing of an order.
(7) We will inform you immediately in the event of delays in delivery.
(8) In the event that the ordered goods are not available, we reserve the right not to deliver. In this case, we will inform you immediately and refund any payments already received without delay.
§ 10 Warranty for the purchase of goods
(1) Each commissioned painting is unique. In the commissioned works you can specify your wishes, which Sonja Neuroth will take into account insofar as they are artistically feasible and fit her style. Requests that involve copying the style of another artist or brand 1:1 or copying a photo hyper-realistically and not changing it stylistically are excluded. After you have communicated your wishes for your commissioned work, Sonja will let you know to what extent your wishes can be realized and what her own idea is for the artistic realization of your commissioned work. The photos you submit (e.g. of your pet) can be used as a guide, but details such as fur color or facial expression may differ from the photo template in the finished work in order to better match the overall work. On request, you will receive photos or screenshots of sketches or intermediate stages during the creation process so that you can get an impression of the progress and, if this is still possible, make adjustment requests. Please note, however, that the final result may differ from the sketches and that paintings are often changed considerably even in the intermediate stages of their creation until the final result is achieved. The final result is tailored to you and possibly your pet or the recipient(s) and may therefore differ from other works already created by Sonja Neuroth.
(2) If the goods are defective, we shall provide subsequent performance, i.e. rectification of the defects, within a reasonable period of time. As our products are mainly manufactured in limited quantities, it may not be possible to make a subsequent delivery of an identical product.In consultation with you, we will send you an adequate product. If the subsequent performance chosen by you is only possible at disproportionate cost, we are entitled to provide subsequent performance in the other form.
(3) In the case of digital artworks, please note that the color intensity and quality may vary depending on the device used to view the image. These small color deviations do not constitute a defect. If you have a digital artwork created by Sonja Neuroth and also order a print (e.g. on canvas, acrylic glass plate, poster, mug), we assume no liability for the execution of the print by the print shop commissioned by us. A defect can only be claimed here if the respective print object is delivered clearly damaged (e.g. scratched surface, chipped print, crumpled surface).
(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
§ 11 Scope of services and unused services
(1) The scope of services depends on the respective product description or the individual offer that is made to you based on your wishes for a commissioned work.
(2) If you repeatedly cancel an appointment to coordinate the details of a commissioned work or if you do not give your feedback within the respective deadline set for a commissioned work as to whether the sketch made by Sonja should be converted into a painting, illustration or logo in this form, so that Sonja cannot continue working, you shall not be entitled to a refund of the payment you have made.
§ 12 Use of the contents
(1) The content provided (pdf, audio, designs and images created) are protected by trademark and copyright. You may access and print the content online for your personal and private purposes as part of your purchase. An exception to this are logos and illustrations that you have expressly ordered for the representation of your business. You may use these as part of your marketing and to present your business. However, passing them on or even selling them to third parties is not permitted in any case. We are permitted to use the digital paintings and illustrations or photos of the original paintings created by Sonja Neuroth for marketing purposes and to produce and sell further designs (e.g. prints on mugs, T-shirts).
(2) All rights to the content provided, in particular the right of reprinting, translation, reproduction by photomechanical or similar means, storage and processing by means of EDP or its distribution in computer networks - even in extracts - are reserved by us alone. You do not receive any ownership or exploitation rights to the content.
§ 13 Own provision of suitable IT infrastructure and software
With regard to our digital content, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software (in particular web browser and Acrobat Reader®) necessary for the use of online offers at your own expense and risk.
§ 14 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you may regularly rely. In the latter case, however, we are only liable for the foreseeable damage typical of the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of the website.
§ 15 Final provisions
(1) These Terms and Conditions are complete and conclusive. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the agreed content of the contract, whereby e-mail is sufficient.
(2) If you had your place of residence or habitual abode in Germany when the contract was concluded and either moved out of Germany at the time the action was brought by us or your place of residence or habitual abode is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of the company in Essen.
(3) We would like to point out that, in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following Internet address http://ec.europa.eu/consumers/odr
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
Consumer information and withdrawal policy
(1) The language available for the conclusion of the contract is exclusively German.
(2) The presentation of our services on the website does not constitute a binding offer on our part. Only the booking of a service by you is a binding offer according to § 145 BGB. If this offer is accepted, we will send you a booking confirmation by e-mail. This concludes the contract between you and us regarding the booking of the seminar participation.
(3) The prices quoted by us are final prices including taxes.
(4) The data required for the processing of the contract between you and us will be stored by us and are accessible to you at all times. In this respect, we refer you to the provisions of the privacy policy on our website.
(5) As a consumer, you have a right of withdrawal in accordance with the following instructions -
Cancellation policy/ right of withdrawal
As a consumer, you have the right to withdraw from the contract within fourteen days without giving any reason.
You have no right of withdrawal if you have expressly agreed at the time of booking that the service is to begin before the end of the withdrawal period. This means that you have effectively waived your right of withdrawal. We informed you of this before you made your purchase.
1. start of deadline for online products/booking of consultations
The withdrawal period is fourteen days from the day the contract is concluded. The contract is concluded on the day on which you receive a confirmation email from us after successfully booking a consultation.
2. for the delivery of physical products
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the product.
If we send the goods from an order in several partial deliveries - then the period begins to run from receipt of the LAST delivery.
To exercise your right of withdrawal, you must send me
Sonja Neuroth
Kantorie 75
45134 Essen, Germany
or to office@sonjaneuroth.de
Tel: 0201 27109974
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form which, however, is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we shall reimburse to you all payments received from you within fourteen days from the day on which we are informed about your decision to withdraw from this contract at the latest. For this repayment, we will use the same means of payment that you used for the original transaction.
If you have made the payment by bank transfer, please provide us with your account details, as we can only see part of your account details on the bank statement.
German