The following General Terms and Conditions (GTC) apply to all commissions and/or orders placed between Sabrina Lau (hereinafter referred to as the “Artist”) and the Client. They shall also apply to all future business relations as well as to verbal contracts. They shall be deemed to have been agreed if they are not immediately contradicted.

1. Motifs and topics

1.1 The Artist reserves the right to refuse orders without giving reasons.

1.2 This includes in particular orders with motifs and themes that the Artist cannot/would not offer, that infringe the rights of third parties, that are not represented by the Artist or that contain the following themes:

Nudity, sex scenes, violence, blood, horror, psychedelic art, adult themes, political themes, ethically questionable themes and themes that could damage the reputation of the Artist.

1.3 If, during the ongoing Artistic process of creating a work of art, the Client requests a change of motif which contains one of the inadmissible motifs or themes mentioned under 1.2, the Artist reserves the right to reject this change.

If the Client continues to insist on the unauthorized change, this shall constitute a change to the originally concluded copyright contract. The Artist may therefore withdraw from the contract and charge for the work performed up to this point.

2. Copyright and rights of use to the works

2.1 All works of the Artist, such as sketches, drafts and finished artworks/designs, are legally protected as personal and intellectual creations by copyright law.

2.2 The purchase of a finished, physical product of the Artist, such as an art print or a sticker, only includes the right to freely use this product, not the motif on it. The motif remains protected by copyright and no rights of use are assigned to it.

2.3 The purchase of a finished, non-physical (i.e. digital) product of the Artist, such as a desktop wallpaper, only includes the usual rights of use of the product, such as use as a desktop wallpaper or cell phone wallpaper. Reproduction, forwarding or retransmission of the digital product is not permitted. The copyright remains with the Artist.

2.4 An order placed with the Artist for the creation of a new work of art of any kind is a copyright contract, which by default includes the granting of rights of use to the work services.

Orders for existing products such as art prints etc. are sales contracts.
The following conditions also apply to the creation of a new work of art:

2.4.1 Sketches, drafts and finished artworks/designs may not be altered, neither in the original nor in reproduction/printing, unless the Artist has expressly given his prior consent. Any imitation, whether of parts of a work of art or of an entire work of art, is prohibited. Any breach of this provision shall entitle the Artist to demand a contractual penalty amounting to twice the agreed remuneration. If a remuneration has not (yet) been agreed, an appropriate remuneration shall be estimated on the basis of experience and taken as a basis.

2.4.2 The Artist shall transfer to the Client the rights of use required for the respective use. Unless otherwise agreed, only the simple right of use shall be transferred in each case. Any transfer of the rights of use to third parties shall require written agreement. The rights of use shall not be transferred until the remuneration has been paid in full. The copyright shall only be transferred to the Client if this has been expressly agreed in advance.

2.4.3 The Artist has the right to be named as the author on the reproductions. If the Client violates the right to be named, he shall be obliged to pay the Artist a contractual penalty amounting to 100% of the remuneration owed for the design service in addition to the remuneration owed.

The right to claim higher damages upon proof remains unaffected. If the Client proves that no damage or significantly less damage has been incurred, the amount of compensation shall be adjusted accordingly.

2.4.4 Proposals, instructions and suggestions from the Client or other cooperation on the part of the Client shall not affect the amount of the remuneration and shall not establish any co-copyrights.

2.4.5 If the Client wishes to apply for formal property rights to be entered in an official register with regard to the designs, final artwork or other work of the Artist, he shall require the prior written consent of the Artist.

2.4.6 The Artist shall remain entitled at all times to use the works, parts thereof, sketches or other creations created in fulfillment of the order for his own advertising. This includes any medium, e.g. the website, presentation folders, social media accounts and so on. The Client can decide for themselves whether they wish to be shown as the Client on the aforementioned media or remain anonymous.

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3. Right of withdrawal

3.1 The delivery of products or works of art/design services which are not prefabricated and for the manufacture of which the individual selection or determination by the consumer is decisive, or which have been tailored to the personal needs of the consumer, is excluded from the right of withdrawal.

Digital content in non-physical form is also excluded from the right of withdrawal in accordance with Section 356 (5) of the new version of the German Civil Code (BGB) if the Client

- has expressly consented to the contractor commencing performance of the contract before expiry of the withdrawal period, and

- has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.

Finished products in physical form that are ordered online, by telephone or by e-mail are subject to the distance selling right of withdrawal for 14 days.

3.2 The costs of returning the products in the event of withdrawal shall be borne by the customer, in particular in the case of works of art in special formats that cannot be sent by regular post. The revocation can be made using the following form:

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4. Retention of title

4.1 The delivered goods (goods subject to retention of title) shall remain the property of the Artist until full payment of all claims arising from this contract, provided that they are received by the Client before receipt of payment.

4.2 If the Client defaults on payment of the purchase price, the Artist has the right to withdraw from the purchase contract and to demand that the Client surrender the reserved goods, provided that the Artist has unsuccessfully set the Client a reasonable deadline for payment. This shall not apply if the setting of a deadline is dispensable according to the statutory provisions. The demand for the return of the goods does not at the same time include a declaration of withdrawal; the Artist is entitled to demand only the return of the goods and to reserve the right to withdraw from the contract.

In the event of a breach of contract, the seller may demand that the buyer discloses the assigned claims and the respective debtors, informs the respective debtors of the assignment and hands over to the Artist all relevant documents and provides all information required by the Artist to assert the claims.

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4.3 As long as ownership has not yet been transferred to him, the Client undertakes to treat the reserved goods with care and to insure them adequately at his own expense against fire, water damage and theft at replacement value, provided that the goods are of high value.

4.4 Until the secured claim has been paid in full, the reserved goods may neither be pledged to third parties nor assigned as security.

4.5 For entrepreneurs and legal entities: If the Client files an application for insolvency, he must notify the Artist immediately in writing. If the reserved goods are seized by third parties or if they are subject to other interventions by third parties, the Client is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the Seller's ownership rights and to notify the Seller immediately in writing so that the Artist can enforce his ownership rights. The Client shall be liable to the Artist for any judicial or extrajudicial costs incurred in this connection in accordance with § 771 of the German Code of Civil Procedure (ZPO), unless the third party is able to reimburse the Artist for these costs.

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5. Keeping fixed appointments

5.1 If fixed appointments are agreed between the Artist and the Client, e.g. for a photo shoot, for enabling the fulfillment of the order or for an order meeting, the Client shall pay a cancellation fee in accordance with § 615 BGB in the event of non-appearance or cancellation at unreasonably short notice.
5.2 If the Artist is unable to keep an appointment, he reserves the right to cancel or postpone it in good time without the Client being able to make any claims for damages.

6. Fee for newly created artworks/designs (for copyright contracts); due date for payment

6.1 Sketches, drafts and finished works of art/designs together with the granting of the necessary rights of use shall form a single service.

6.2 If no rights of use are granted and only drafts and/or finished works of art/designs are delivered, the remuneration for the rights of use shall not apply.

6.3 If the designs are used later or to a greater extent than originally intended, the Artist shall be entitled to invoice the remuneration for the use retrospectively or to demand the difference between the higher remuneration for the use and the remuneration originally paid.

 

6.4 The preparation of sketches, consulting services and all other activities performed by the Artist for the Client shall be subject to a fee, unless expressly agreed otherwise.
6.5 Unless expressly agreed otherwise, payment by the Client shall be made in two parts as standard. The first part is due as soon as the Artist has produced one or more initial sketches for the visualization of an order and the Client has selected and approved one of them.

The second part is due as soon as the Artist has shown or sent the Client a watermarked image of the finished work and the Client has not requested any further changes. After payment, the finished work shall be delivered/digitally sent.

6.6 If an order extends over a longer period of time or if it requires high financial advance payments from the Artist, more than two reasonable advance payments may be made.

6.7 All fees are net amounts, payable plus statutory VAT and without deduction.

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7. Third-party services

7.1 If third-party services become necessary for the fulfillment of the order or the contractual use of the work of art, the Artist shall make use of these in the name and for the account of the Client. The Client is obliged to authorize the Artist to do so in advance.

7.2 If, in individual cases, contracts for third-party services have to be concluded in the name and for the account of the Artist, the Client undertakes to indemnify the Artist internally against all liabilities arising from the conclusion of the contract; this includes in particular the assumption of costs.

8. Additional services, ancillary costs and travel expenses

8.1 Unless expressly agreed otherwise, additional services such as research, consultation, the reworking and/or modification of sketches, the creation and submission of further sketches, the modification of artworks/designs during and after creation and other conceivable additional services (font corrections, production monitoring, print monitoring and so on) shall be charged on a time basis.

8.2 If additional technical costs and expenses are incurred for the creation of the sketches and/or finished artworks, for example for intermediate reproductions, print proofs, additional canvases, additional papers or presentation materials, these shall be reimbursed by the Client.

8.3 If it is necessary for the Artist to travel in order to carry out the order, the Client shall reimburse the Artist for the costs and expenses incurred by prior arrangement.
 

9. Data and templates for fulfillment of the order

9.1 The Client is obliged to provide the Artist with all documents and/or data necessary for the fulfillment of the order in good time and to the agreed extent. This applies, for example, to verbal/written ideas, texts, photos, logos, sketches, graphics and so on. The Artist shall not be responsible for delays in the execution of the order caused by the late or incomplete delivery of such documents.

9.2 The Client also assures that he/she owns the rights of use for all documents provided to the Artist. Furthermore, the Client is solely responsible for the accuracy and completeness of the documents provided to the Artist. If the Client is not authorized to use the documents or if the documents are not free of third-party rights, the Client shall indemnify the Artist internally against all claims for compensation.

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10. Freedom of design

10.1 In principle, the Artist shall have freedom of design within the scope of the commission. To this extent, complaints regarding the Artistic design of the drafts and the work are excluded, unless expressly agreed otherwise or unless the Client's comments are decisive for the further development of the artwork/design.

Additional costs for changes made by the Client during or after production shall be borne by the Client.

11. Data delivery and handling of the goods

11.1 The Artist is not obliged to hand over to the Client any design work such as sketches, sculptures, design files or design data created during the fulfillment of the order. If the Client wishes to receive these design works, data or files, this must be recorded and remunerated separately.

11.2 If the Artist provides the Client with physical artworks/designs or digital data, they may only be used to the extent previously agreed. Modifications or changes to the artwork or data may only be made with the express permission of the Artist.

 

11.3 The Client shall bear the liability for risks and the costs of transporting physical works of art, data carriers and data, irrespective of the means of transmission.

11.4 The Artist shall not be liable for defects in digital data carriers and data that arise during transfer to the Client's computer system.

12. Ownership and obligation to return

12.1 By default, only rights of use are granted to any services provided by the Artist, be it a work of art or a consultation, regardless of whether they are carried out or not, but no ownership rights are transferred, unless expressly agreed otherwise.

12.2 Originals must therefore be returned undamaged after a reasonable period of time, unless expressly agreed otherwise.

In the event of damage or loss, the Client shall reimburse the costs necessary to restore the originals. The right to claim further damages remains unaffected.

12.3 The dispatch of the works and/or data shall be at the risk and expense of the Client.

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13. Reproduction of the artwork/design; production supervision; samples for self-promotion

13.1 If a reproduction is commissioned by the Artist, the Artist must be provided with correction samples in advance.

13.2 Any production supervision by the Artist directly can only be agreed separately. If the Artist takes over production supervision, he shall be entitled to make the necessary decisions at his own discretion and to give appropriate instructions. He shall only be liable for errors if he is at fault and only for intent and gross negligence.

13.3 If artworks/designs are reproduced, the Client shall provide the Artist with 10 flawless versions free of charge. The Artist shall be entitled to use these samples for his own advertising.

14. Warranty; Liability

14.1 The Artist shall only be liable for damages in the event of intent or gross negligence.

14.2 The Client is obliged to inspect the work immediately after delivery and to report any defects without delay. Obvious defects in the product received must be reported in writing within two weeks of delivery at the latest. Timely dispatch of the notice of defects shall suffice to meet the deadline. If the obligation to inspect and give notice of defects is breached, the work shall be deemed to have been accepted without defects.

 

14.3 Approval for printing, reproduction and/or publication of the artwork shall be granted by the Client. Upon approval, the Client assumes liability for the technical and functional accuracy of the text, image, design and product.

14.4 It is possible that color deviations may occur during reproduction (e.g. when printing digital works), for example between screen color reproduction and print version. This does not constitute a material defect within the meaning of § 434 BGB.

14.5 The Artist undertakes to select possible vicarious agents carefully and to instruct them precisely. However, he shall not be liable for his vicarious agents beyond this.

14.6 If the Artist commissions necessary external services, the respective contractors are not vicarious agents of the Artist. In this case, the Artist shall only be liable for his own fault and only for intent and gross negligence.

14.7 The Artist shall not be liable for any sketches, drafts, texts and finished works of art/designs approved by the Client for use by the Client.

14.8 The Artist shall not be liable for the admissibility, legality and registrability of the work under competition and trademark law. The Client must carry out design, patent or trademark searches himself and at his own expense.

14.9 In the event of data loss due to force majeure, faulty data carriers or file damage, the Artist assumes no liability whatsoever. Updates of an existing file may be rejected in the event of data loss; reproductions shall be invoiced on a time and material basis in consultation with the Client.

15. Artists' Social Security Fund (German: Künstlersozialkasse)

15.1 The fees charged by the Artist may, under certain circumstances, be subject in whole or in part to the obligation to pay social security contributions pursuant to Section 24 of the Artists' Social Security Act (Künstlersozialversicherungsgesetz or KSVG) if the Client is an entrepreneur or a legal entity. The Client is hereby informed that, in accordance with the Artists' Social Security Act (KSVG), an Artists' social security contribution must be paid to the Artists' Social Security Fund (KSK) for services in the Artistic and conceptual field when the contract is awarded to the Artist as a natural person. This levy may not be deducted by the Client from the invoice to the Artist.

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15.2 The Client is solely responsible for compliance with the obligation to register with and pay KSK. Further information, registration forms and advice on this can be obtained at www.kuenstlersozialkasse.de or from a tax consultant.

16. For entrepreneurs and legal entities: Validity of GTC

16.1 The Artist accepts commissions and orders exclusively on the basis of his own general terms and conditions; the Artist does not recognize any terms and conditions of the Client that conflict with or deviate from the Artist's terms and conditions of order, unless he has expressly agreed to their validity in writing. The tacit acceptance of orders by the Artist as well as payments by the Client do not imply any agreement with conflicting conditions of the Client.

17. Place of performance

17.1 The place of performance for both the Artist and the Client is the Artist's registered office.

18. Final provisions

18.1 The place of jurisdiction is the registered office of the Artist, provided that the Client is an entrepreneur, or a merchant and the contract is part of the operation of his trade, or the Client is a legal entity. The Artist shall also be entitled to take legal action at the Client's registered office.

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18.2 The law of the Federal Republic of Germany shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods.

18.3 If one of the provisions of these GTC is invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Status: 11/2024

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