§ 1 SCOPE OF APPLICATION
1. These General Terms and Conditions exclusively apply to business interactions between PASSÁN art studios and the customer.
2. Other terms and conditions do not apply, even if we do not explicitly reject them in individual cases, unless their validity is expressly confirmed in writing.
3. These terms and conditions also apply to contracts for the delivery of vouchers, unless otherwise stipulated.
4. A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
5. An entrepreneur within the meaning of these terms is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

### § 2 TIME OF CONTRACT CONCLUSION
1. The presentation of PASSÁN art studios products in the online shop does not constitute a binding offer.
2. The customer may submit an offer via the online order form integrated into the seller's online shop. By placing the selected items in the virtual shopping cart and completing the electronic order process, the customer submits a legally binding offer regarding the goods in the shopping cart by clicking the button to conclude the order.
3. The order confirmation is sent by an automated email from PASSÁN art studios. This confirmation does not yet constitute acceptance unless acceptance is explicitly stated in the order confirmation. A contract is only concluded when the customer’s offer is explicitly accepted by PASSÁN art studios or when the ordered goods are dispatched to the buyer.
4. If a payment method offered by PayPal is chosen, the payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under the PayPal User Agreement available at [PayPal User Agreement](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or, if the customer does not have a PayPal account, under the conditions for payments without a PayPal account available at [Privacy for Payments without PayPal Account](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If a PayPal-offered payment method is selected in the online ordering process, the seller now accepts the customer’s offer at the time the customer clicks the button to complete the ordering process.
5. When selecting "Amazon Payments" as the payment method, the payment is processed by Amazon Payments Europe s.c.a., 38 Avenue John F. Kennedy, L-1855 Luxembourg ("Amazon"), under the Amazon Payments Europe User Agreement available at [Amazon Payments Terms](https://payments.amazon.de/help/201751590). By selecting "Amazon Payments" as the payment method in the online ordering process, the customer simultaneously issues a payment order to Amazon by clicking the button that concludes the order. In this case, the seller already accepts the customer’s offer at the time the customer initiates the payment process by clicking the button that completes the order.
6. When an offer is submitted through 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., email, fax, or letter) after the order is submitted. Any further access to the contract text by the seller is not provided. If the customer has created a user account in the seller’s online shop prior to submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer via their password-protected user account.
7. Before submitting a binding order through the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. The browser's zoom function may be a useful technical tool to enlarge the display. The customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
8. Order processing and communication are usually conducted via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

### § 3 RIGHT OF WITHDRAWAL
The right of withdrawal is excluded (§315g BGB). The works are not prefabricated and are always produced according to customer specifications. Each work is individually created for the customer upon order. The goods are manufactured according to the buyer's specific requirements or tailored to their personal needs.

### § 4 PRICES, PAYMENT, DUE DATE
1. All prices in our online shop within the EU are gross prices, including the statutory VAT.
2. Price indications in our online shop include VAT and any applicable shipping costs.
3. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which the customer must bear. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import-related charges or taxes (e.g., customs duties).
4. Payment can be made via instant bank transfer, credit card, PayPal, Amazon Payments, Apple Pay, or Google Pay.
5. For PayPal-offered payment methods, the payment is processed via PayPal, which may use third-party payment service providers for this purpose.
6. For "SOFORT" payments, payment is processed through SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("SOFORT").
7. If credit card payment is selected, the invoice amount is immediately due upon contract conclusion, and the payment is processed by PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main.
8. The invoice will be sent to the email address provided when placing the order.

### § 5 DELIVERY
1. Delivery is made from the PASSÁN art studios to the delivery address provided by the customer. Pickup is possible by arrangement.
2. Since each work is individually created after the order, delivery within Germany generally takes 3-4 weeks from the contract conclusion unless otherwise agreed or specified in our online shop.
3. Delivery times for shipments to non-European countries depend on the shipping method (airmail/land/sea) and the destination.
4. If PASSÁN art studios is unable to deliver the ordered goods without fault because the supplier fails to meet its contractual obligations, we are entitled to withdraw from the contract. The customer will be informed immediately, and any payments or other services already rendered will be refunded immediately.
5. If delivery fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller.
6. 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 carrier, freight forwarder, or other person responsible for shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon handover of the goods. However, if the customer commissioned the shipment and the seller did not name the person or institution responsible, the risk passes to the customer upon delivery to the carrier.
7. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery if the seller has concluded a concrete covering transaction with the supplier. The seller will make reasonable efforts to procure the goods. The customer will be informed immediately of the unavailability or partial availability, and any consideration will be refunded immediately.
8. Vouchers will be provided to the customer as follows:
- By email
- By post

### § 6 RETENTION OF TITLE
1. The delivered goods remain the property of PASSÁN art studios until full payment is made.

### § 7 WARRANTY
1. PASSÁN art studios’ liability for damages, regardless of the type of breach of duty, including unauthorized actions, is limited to willful and grossly negligent conduct.
2. PASSÁN art studios excludes liability for slightly negligent breaches, unless damages result from injury to life, body, or health, or involve warranties or claims under product liability law.
3. Liability restrictions and exclusions do not apply to claims arising from fraudulent behavior, for product guarantees, or for product liability claims.
4. All liability exclusions and limitations apply equally to employees, representatives, and agents of the seller.

### § 8 REDEMPTION OF PROMOTIONAL VOUCHERS
1. Promotional vouchers issued free of charge with a specific validity period can only be redeemed in the seller's online shop within the specified period.
2. Promotional vouchers may only be redeemed by consumers.
3. Certain products may be excluded from the voucher promotion, as indicated on the promotional voucher.
4. Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
5. Only one promotional voucher can be redeemed per order.
6. The value of the goods must equal or exceed the amount of the promotional voucher. Any remaining balance will not be refunded.
7. If the voucher value is insufficient to cover the order, the difference can be paid using another payment method offered by the seller.
8. The balance of a promotional voucher will not be paid out in cash or bear interest.
9. Promotional vouchers are transferable. The seller may fulfill obligations with effect to discharge liability to the respective holder who redeems the voucher in the seller’s online shop.

### § 9 REDEMPTION OF GIFT VOUCHERS
1. Gift vouchers that can be purchased in the seller's online shop can only be redeemed in the seller's online shop.
2. Gift vouchers and any remaining balances can be redeemed until the end of the third year following the year

of purchase. Remaining balances are credited to the customer until the expiry date.
3. Gift vouchers can only be redeemed before completing the order process.
4. Only one gift voucher can be redeemed per order.
5. Gift vouchers can only be used for purchasing goods and not for purchasing additional gift vouchers.
6. If the gift voucher value does not cover the order, the difference can be paid using another payment method.
7. The balance of a gift voucher will not be paid out in cash or bear interest.
8. Gift vouchers are transferable. The seller may fulfill obligations with effect to discharge liability to the respective holder who redeems the voucher in the seller’s online shop.

### § 10 OTHER PROVISIONS
1. To the extent permitted, the exclusive, including international, jurisdiction for lawsuits against us is Munich (Regional Court Munich I).
2. German law applies to these terms and the entire legal relationship between the parties, excluding international uniform law, particularly the UN Sales Convention.
3. The assignment of claims against us requires prior written consent.
4. Offsetting against claims by us is only permitted if the counterclaims are legally established, undisputed, or recognized by us.
5. The right of retention may only be exercised if the counterclaim is based on the same purchase contract.
6. Legally significant declarations and notifications to be made to us after contract conclusion (e.g., setting deadlines, defect notifications, declarations of withdrawal or reduction) require the written form.
7. Should any provision of the contract or these terms be invalid or should a gap be identified, the validity of the remaining provisions shall not be affected. An effective substitute provision reflecting the intent and purpose of the removed provision or filling the gap shall apply.
8. Any amendments or additions to these terms and conditions and/or the contractual relationship must be in writing. This also applies to the waiver of the written form requirement.