Terms and Conditions

Karya Levni
Effective Date: 2025-12-14

1. Definitions

The following definitions apply throughout these Terms and Conditions:

"Artwork" means original oil paintings offered for sale through the Website.

"Artist" means Karya Levni, the seller and creator of the Artwork.

"Business Days" means normal working days within the Berlin, Germany calendar, excluding weekends, public holidays, and days explicitly marked as unavailable on the Website under the Business Days page.

"Buyer" means any natural person who places an Order through the Website for purposes outside their trade, business, craft, or profession (consumer within the meaning of § 13 BGB).

"Contact Form" means the contact submission form available at https://www.karyalevni.com/contact.

"Import Charges" means any import duties, taxes, tariffs, customs fees, brokerage charges, or similar fees levied by the destination country's authorities on international shipments. Import Charges are determined and collected by the destination country's customs authority, not by the Artist, and are the sole responsibility of the Buyer. Prices displayed on the Website do not include Import Charges, and the Artist cannot predict their amount as they vary by country and product classification.

"Order" means a binding offer submitted by the Buyer to purchase Artwork through the Website checkout process or via the Contact Form.

"Recoverable Costs" means only those costs actually and externally incurred by the Artist in direct causal connection with a specific Order and which are non-recoverable from third parties, including:

• outbound shipping costs already paid to the carrier,

• return shipping costs actually invoiced to the Artist,

• packaging materials used exclusively for the specific shipment,

• transport insurance premiums paid for the shipment,

• payment processing fees charged by third-party payment providers and not refunded to the Artist,

• currency conversion or international transaction fees charged by financial institutions and not refunded,

• customs duties, tariffs, or brokerage fees invoiced to the Artist due to Buyer conduct (e.g., refusal of delivery).

Recoverable Costs do not include internal administrative expenses, general handling costs, listing fees, time expenditure, opportunity costs, or other overhead expenses of the Artist.

"Website" means https://www.karyalevni.com and all associated pages.

2. Applicability

These Terms and Conditions govern the sale of Artwork through the Website by the Artist.

By placing an Order, you agree to these terms. These terms are made available for review before purchase and are incorporated into the contract upon Order placement (§ 305 Abs. 2 BGB).

For seller information, pricing, and data protection policies, please refer to the Impressum and Privacy Policy.

2.1 Eligibility

By placing an Order, you confirm that you are at least 18 years of age and have the legal capacity to enter into binding contracts (§§ 104–113 BGB). Orders placed by minors without parental consent are voidable and may be cancelled.

2.2 Scope and Separate Agreements

These Terms and Conditions apply exclusively to consumer purchases of Artwork made directly through the Website checkout or via the Contact Form. The following are governed by separate written agreements and are outside the scope of these terms:

Business customers (B2B): Sales to businesses, galleries, retailers, or other commercial entities require a separate written agreement. Consumer rights, including the statutory right of withdrawal, do not apply to B2B transactions (§ 13 BGB, § 312g Abs. 1 BGB). If you are purchasing on behalf of a business, contact the Artist via the Contact Form before placing an Order.

Custom commissions: Artwork created to the Buyer's specifications is subject to a separate commission agreement.

Consultation-required purchases: Certain purchases require direct communication before fulfillment (see Section 4.2). While payment is processed through the Website, the specific fulfilment terms are agreed separately between the Artist and Buyer.

Paid repair services: Repair and restoration work is governed by individual repair agreements established on a case-by-case basis (see Section 9).

Where these Terms and Conditions reference matters governed by separate agreements, such references are for informational purposes only and do not incorporate those separate terms into this document.

3. Contract Formation (Vertragsschluss)

3.1 Offer and Acceptance

Product listings on the Website constitute an invitation to submit an offer (invitatio ad offerendum), not a binding offer. By completing checkout and clicking "Purchase," you submit a binding offer to purchase the selected Artwork (§ 145 BGB).

3.2 Order Confirmation

You will receive an automated Order confirmation acknowledging receipt of your Order. This confirmation does not constitute acceptance of your offer.

3.3 Moment of Contract Conclusion

For Artwork purchasable directly through checkout: The contract is concluded when the Artist sends a separate shipping confirmation or dispatches the Artwork, whichever occurs first (§ 130 BGB).

For Artwork requiring consultation: The contract is concluded only when the Artist and Buyer reach an agreement on fulfillment terms.

For purchases via Contact Form with IBAN bank transfer: The contract is concluded when the Artist sends a separate shipping confirmation or dispatches the Artwork, whichever occurs first (§ 130 BGB).

3.4 Rejection of Orders

The Artist reserves the right to reject any Order. If your Order is rejected, you will be notified promptly and any payment received will be refunded in full.

4. Payment and Consultation-Based Orders

4.1 Immediate Checkout Purchases

For Artwork purchasable directly through checkout, payment is due at the time of Order and must be completed before the Artwork is dispatched.

4.2 Consultation-Required Purchases

Certain purchases require direct communication before shipment to agree on fulfillment terms. This includes:

• Artwork with additional services selected at checkout (e.g., framing, custom crating)

• Artwork shipping to destinations not supported by standard checkout options

• High-value Artwork offered via the Contact Form rather than direct Website purchase

• Commissions

• Special requests (e.g., customisations)

For these items, payment is processed at checkout, but the contract is concluded only when the Artist and Buyer reach an agreement on fulfillment terms. If an agreement cannot be reached, the Buyer will receive a full refund before any shipment is made.

4.3 Non-Response During Consultation

If the Buyer does not respond to the Artist's initial consultation request within 14 days, or fails to maintain correspondence by responding within 5 Business Days during an ongoing consultation, the Artist retains the right to cancel the Order. In such a case, the Buyer will receive a refund of all amounts paid minus any Recoverable Costs actually incurred by the Artist. No Artwork will be shipped, and no contract for fulfilment will be concluded. This cancellation does not affect the Buyer's statutory rights.

4.4 Refunds Where No Contract Is Concluded

Where these Terms and Conditions permit the deduction of Recoverable Costs from refunds, only costs that are demonstrably incurred and non-recoverable at the time of cancellation may be deducted.

The Buyer retains the right to prove that the actual damage incurred by the Artist was lower than the amount deducted (§ 309 Nr. 5 lit. b BGB).

4.5 Purchases via IBAN Bank Transfer

For Artwork purchased through the Contact Form with payment made via IBAN bank transfer, payment is due upon invoice, unless otherwise stated on the invoice, and must be received before the Artwork is dispatched.

5. Shipping and Delivery

5.1 Processing Times

Orders ship within 10 Business Days of payment confirmation, unless the Order requires consultation under Section 4.2.

5.2 Carriers and Costs

Standard rate shipping is provided via DHL. All shipments include tracking and insurance, the cost of which is included in the shipping price displayed at checkout. DHL's terms of carriage apply: https://www.dhl.com/global-en/home/footer/terms-of-use.html.

Changes to shipping method, carrier, or insurance coverage may be requested by contacting the Artist via email or the Contact Form before shipment. Additional costs for upgraded shipping options are the Buyer's responsibility.

5.3 Risk of Loss and Damage

Risk of loss and damage passes to the Buyer upon delivery (§ 475 Abs. 2 BGB).

For shipping damage: note damage on the carrier documentation if possible, photograph promptly, file a carrier claim within 7 days, and notify the Artist within 7 days for claims handling and insurance purposes. This notification timeframe is recommended to facilitate efficient claims processing and does not limit the Buyer's statutory rights. The Artist will assist with insurance claims.

5.4 Lost Shipments

All shipments include tracking and insurance. If the initial outbound shipment of Artwork to fulfill the Order is confirmed lost by the carrier, the Artist will inform the Buyer of the situation and refund the full purchase price including original shipping costs within 14 days of the carrier's confirmation.

5.5 International Orders (Non-EU Buyers)

For deliveries outside the European Union, the Buyer is responsible for all Import Charges. The Artist is not responsible for customs delays.

By placing an international Order, you acknowledge and accept responsibility for any import-related costs and procedures.

5.6 Condition Documentation

The Artist documents the condition of Artwork before dispatch. The Buyer is encouraged to document the unboxing process. Returned goods are documented upon receipt by the Artist.

6. Failed Delivery and Buyer Fault

Nothing in this section limits mandatory consumer rights that cannot be waived under applicable law.

6.1 Grounds for Undeliverable Shipments

A shipment is considered undeliverable when the package is returned to the Artist due to:

• an incorrect address provided by the Buyer,

• the Buyer's refusal to accept delivery,

• the Buyer's unwillingness to pay Import Charges,

• the Buyer's failure to collect the package from a pickup point, or

• the Buyer's unavailability after reasonable delivery attempts.

6.2 Holding Period

Packages returned as undeliverable will be held for 14 days. This period begins when the Artist informs the Buyer that the carrier has notified the Artist of the failed delivery and return of the shipment. The Buyer must request a refund or reshipment within this 14-day period.

If the Buyer does not make a request within this period, the Artwork will be handled under the unresponsive buyer procedure in Section 10.

6.3 Refund for Undeliverable Shipments

Where the failed delivery is attributable to Buyer conduct, the Artist will refund the purchase price minus all Recoverable Costs and a 5% restocking fee. The restocking fee reflects reasonable administrative and handling costs associated with processing undeliverable shipments. The Buyer may prove that the actual costs or damage incurred were lower than the amount deducted.

6.4 Reshipment

The Buyer may request reshipment by paying the new shipping costs in advance. Reshipment will be arranged once payment is received.

6.5 Refusal Due to Import Charges

If you refuse delivery or abandon a shipment due to Import Charges, the provisions of this Section apply. Refunds are net of Recoverable Costs incurred due to refusal or return.

7. Right of Withdrawal and Returns

Nothing in this section limits mandatory consumer rights that cannot be waived under applicable law.

7.1 Hierarchy of Withdrawal and Return Rights

The following hierarchy applies:

1. EU statutory withdrawal (first 14 days): Governed by mandatory consumer protection law. The Buyer may withdraw without giving a reason. Deductions are limited to what is permitted by law.

2. Non-EU voluntary withdrawal (first 14 days): Granted voluntarily to Non-EU Buyers on terms specified below. Subject to conditions that do not apply to EU statutory withdrawal.

3. Voluntary extended returns (days 15–90): A commercial policy offered to all Buyers after statutory or voluntary withdrawal periods expire. Subject to restocking fees and cost deductions as specified below.

Statutory withdrawal rules apply first for EU consumers. Voluntary return terms apply only after statutory withdrawal expires, or where no statutory right exists.

7.2 Statutory Withdrawal for EU Buyers (14 Days)

EU Buyers: You have a statutory right to withdraw from your purchase within 14 days of receiving the Artwork without giving a reason.

Risk of value reduction: The Buyer is responsible for any reduction in value resulting from handling beyond what is necessary to examine the Artwork (§ 357 Abs. 7 BGB).

For complete details, see the formal Withdrawal Instruction (Widerrufsbelehrung) in Section 7.9.

7.3 Voluntary Withdrawal for Non-EU Buyers (14 Days)

For Buyers outside the European Union, a 14-day withdrawal right is granted voluntarily. Any deductions permitted under this voluntary withdrawal arrangement do not apply where mandatory consumer protection law in the Buyer's jurisdiction provides otherwise. The voluntary withdrawal is subject to the following conditions:

• The Buyer bears all risk of loss or damage to the Artwork during return shipping.

• Non-refundable Recoverable Costs incurred by the Artist will be deducted from the refund.

• Import Charges paid by the Buyer to their country's authorities are non-refundable by the Artist.

• The Buyer is responsible for including all required customs documentation with the return shipment to ensure the Artwork is classified as a returned good. Any import charges assessed to the Artist on return are deductible only if caused by the Buyer's failure to follow the provided return customs instructions or otherwise attributable to Buyer conduct.

7.4 Return Methods by Artwork Value

The return method depends on the value of the Artwork:

Category A: Standard Return (Artwork Under €800)

Upon receipt of your withdrawal request, the Artist will provide a return shipping label. The cost of return shipping will be deducted from your refund (§ 357 Abs. 5 BGB).

Package the Artwork according to the requirements in Section 7.7 and return it within 14 days of submitting your withdrawal (§ 355 Abs. 3 S. 1 BGB). The Artist may withhold the refund until the Artwork is returned or you provide proof of dispatch (§ 357 Abs. 4 S. 1 BGB). The refund will be processed within 14 days of receiving the returned Artwork or proof of dispatch, whichever is earlier (§ 357 Abs. 1 BGB).

Category B: Artist-Arranged Insured Return Shipment (Artwork €800 or Above)

Due to the high value and fragile nature of these Artworks, returns in this category must be made using an insured, tracked return shipment arranged by the Artist.

EU Buyers: The Artist bears the direct costs of return shipping (§ 355 Abs. 3 S. 4 BGB).

Non-EU Buyers: The Buyer bears the direct costs of return shipping; these costs will be deducted from the refund.

Upon receipt of your withdrawal request, the Artist will contact you within 3 Business Days to arrange the return shipment and provide shipping labels. The Buyer must hand over the package at a staffed carrier drop-off location and retain the drop-off receipt.

The refund will be processed within 14 days of receipt of the returned Artwork or proof of dispatch, whichever is earlier (§ 357 Abs. 1 BGB). The Artist may withhold the refund until the Artwork is returned or proof of dispatch is provided (§ 357 Abs. 4 S. 1 BGB).

7.5 Extended Voluntary Return (15–90 Days)

The Artist stands behind the quality of every Artwork and the care taken in packaging and delivery. As a voluntary extension beyond the statutory 14-day withdrawal period, returns are accepted up to 90 days after receipt. This extended return policy applies to both EU and non-EU Buyers.

Restocking fee: Returns between day 15 and day 90 are subject to a 5% restocking fee. The restocking fee reflects reasonable administrative and handling costs. The Buyer may prove that the actual costs or damage incurred were lower than the amount deducted.

Cost deductions: Recoverable Costs may be deducted from the refund in addition to the restocking fee. These deductions apply only to this voluntary extended return policy, not to EU statutory withdrawal.

Separation from statutory rights: This extended return policy is a voluntary commercial offer and does not modify or limit any statutory rights. The terms of this Section apply only to returns made after the statutory withdrawal period has expired.

The return process follows the same procedures as Section 7.4, based on the applicable category and Buyer location.

7.6 Return Authorisation and Proof of Return

Return Authorisation Number (RMA)

Before shipping any return (whether statutory withdrawal or voluntary return), the Buyer should request a Return Authorisation Number (RMA) from the Artist. The RMA is an administrative requirement to facilitate efficient processing and does not restrict statutory withdrawal rights. If an RMA cannot be obtained promptly, the Buyer may still exercise withdrawal by clear written notice and then cooperate to obtain the RMA for shipment.

Shipping Requirements

All return shipments must be:

• tracked throughout transit,

• insured for at least the purchase price of the Artwork, and

• handed over at a staffed carrier location where a drop-off receipt is issued.

Documentation Requirements

The Buyer must provide the tracking number to the Artist when the Buyer does not use the shipping label provided by the Artist. The buyer is advised to photograph the sealed parcel with the shipping label visible before handover and retain this photograph.

Inspection of Returns

The Artist documents all inbound returns with photographs and, where appropriate, video. If a return arrives with missing contents, appears tampered with, or shows damage inconsistent with proper packaging, the Artist may suspend refund processing pending investigation with the carrier and/or insurer. The Buyer agrees to cooperate with such investigations by providing the drop-off receipt, shipment weight documentation, and completing any required claim forms.

7.7 Packaging and Buyer Duties

Minimum Packaging Standard

Returned Artwork must be packaged to withstand normal handling stresses during commercial transport, including vibration, compression, and minor impact. Packaging that does not meet this minimum standard constitutes inadequate packaging, regardless of whether some protective materials were used.

Prohibited Packaging Practices

The following packaging practices are expressly insufficient and prohibited:

• use of single-wall or reused cardboard boxes not designed for shipping artwork,

• use of newspaper, fabric, towels, or clothing as primary cushioning,

• direct contact between the painted surface and bubble wrap, foam, or cardboard,

• shipping without rigid corner protection.

General Packaging Obligations

You are responsible for packaging returned Artwork in a manner that protects it during transit. If damage is attributable to inadequate packaging or handling, the Artist may claim compensation for resulting reduction in value to the extent permitted by law (§§ 280 Abs. 1, 241 Abs. 2 BGB).

For original paintings on canvas or panel: Wrap the Artwork face-first in a smooth, non-abrasive protective layer to protect the painted surface. Acid-free tissue paper or glassine is strongly recommended, but clean plastic wrap, a clean plastic bag, or smooth packing paper also provides adequate protection for short-term transit. Apply rigid corner protectors to all four corners. Place the wrapped Artwork in a double-wall corrugated cardboard box with a minimum of 5 cm clearance on all sides. Fill all empty space with cushioning material made for transit (bubble wrap, foam sheets, or packing paper) so the Artwork cannot shift during transit. Seal the box securely with packing tape and mark at least two sides with "FRAGILE — ARTWORK."

For framed works: Follow the above instructions. Additionally, apply painter's tape in an X pattern across any glass or acrylic glazing to prevent shattering and contain fragments in case of breakage.

For works on unstretched canvas or flexible supports: Wrap the Artwork face-first in a smooth protective layer as described above. Sandwich the wrapped Artwork between two rigid boards (cardboard, foam board, or MDF) slightly larger than the Artwork dimensions. Secure the boards together with tape or rubber bands. Place in a rigid mailer or box and mark as "DO NOT BEND."

Original packaging is preferred when available, but not required if equivalent protection is provided.

Customs documentation for Non-EU returns

To prevent the return shipment from being treated as a new import and to avoid Import Charges being assessed to the Artist, Non-EU Buyers must comply with the following requirements when returning Artwork:

• Use the return documentation provided by the Artist, including any pre-filled customs forms, return labels, or reference numbers.

• Ensure that the customs declaration clearly states "Returned Goods," "Retour," or an equivalent designation, and references the original outbound shipment where possible.

• Include copies of the original invoice or proof of purchase inside the package and attached to the customs documentation pouch.

• Attach any additional forms or instructions provided by the Artist to the exterior of the shipment as directed.

Any import charges assessed to the Artist on return are deductible only if caused by the Buyer's failure to follow the provided return customs instructions or otherwise attributable to Buyer conduct.

Missing Items

Returned Artwork must include all items originally provided (frame, certificate of authenticity, documentation). If items are missing from the return, the refund may be reduced by the reasonable replacement cost of such items, to the extent permitted by law.

7.8 Exclusions (Custom Works)

The right of withdrawal does not apply to custom-made or personalised Artwork created to your specifications (§ 312g Abs. 2 Nr. 1 BGB).

7.9 Widerrufsbelehrung (Withdrawal Instruction)

The following withdrawal instruction is provided in German as required by German consumer protection law. An English translation is provided below for reference, but the German text is the legally binding version.

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns

Karya Levni
Spandauer Straße 2, 10178 Berlin, Germany
karyalevni@gmail.com

mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist.

Rücksendung der Waren

Die Rückgabe der Waren erfolgt je nach Kategorie:

Kategorie A (Kunstwerke unter €800): Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. Wir stellen Ihnen ein Rücksendeetikett zur Verfügung; die Kosten werden von Ihrer Erstattung abgezogen.

Kategorie B (Kunstwerke ab €800): Die Rücksendung erfolgt über einen von uns organisierten, versicherten und nachverfolgbaren Versand. Wir werden Sie kontaktieren, um den Rückversand zu arrangieren und Ihnen Versandmaterialien und Etiketten zur Verfügung zu stellen. Die Übergabe muss an einem besetzten Annahmepunkt des Transportunternehmens erfolgen; bitte bewahren Sie den Einlieferungsbeleg auf. Die unmittelbaren Kosten der Rücksendung trägt die Künstlerin.

Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.

English Translation (for reference only)

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us

Karya Levni
Spandauer Straße 2, 10178 Berlin, Germany
karyalevni@gmail.com

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

Return of Goods

The return of goods depends on the category:

Category A (Artwork under €800): You bear the direct costs of returning the goods. We will provide you with a return label; the costs will be deducted from your refund.

Category B (Artwork €800 or above): Return is made via an insured, tracked shipment arranged by us. We will contact you to arrange the return and provide shipping materials and labels. Handover must be made at a staffed carrier drop-off location; please retain the drop-off receipt. The Artist bears the direct costs of return shipping.

You are only liable for any reduction in value of the goods if this reduction in value is attributable to handling of the goods that was not necessary to establish the nature, characteristics, and functioning of the goods.

7.10 Model Withdrawal Form (Muster-Widerrufsformular)

(Complete and return this form only if you wish to withdraw. / Füllen Sie dieses Formular nur aus, wenn Sie vom Vertrag zurücktreten möchten.)

To / An:
Karya Levni
Spandauer Straße 2, 10178 Berlin, Germany
karyalevni@gmail.com

I/We (*) withdraw from my/our (*) contract for the purchase of the following goods: / Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren:

Ordered on (*) / received on (*) / Bestellt am (*) / erhalten am (*): _______________

Name of consumer(s) / Name des/der Verbraucher(s): _______________

Address of consumer(s) / Anschrift des/der Verbraucher(s): _______________

Signature (paper only) / Unterschrift (nur bei Mitteilung auf Papier): _______________

Date / Datum: _______________

(*) Delete as appropriate. / Unzutreffendes streichen.

7.11 Return Inspection Timeline

For voluntary returns (days 15–90), refunds are processed within 14 days after receipt and inspection of the returned Artwork. Statutory refund timelines for EU withdrawal remain unaffected.

8. Statutory Liability for Defects (Gewährleistung / Mängelhaftung)

Nothing in this section limits mandatory consumer rights that cannot be waived under applicable law.

8.1 Statutory Rights

All Artwork is covered by the German statutory liability for defects for two years from delivery (§ 438 Abs. 1 Nr. 3 BGB). This covers defects in materials and workmanship existing at the time of delivery (§ 434 BGB).

Defects in materials refers to failures originating from the physical components used to create the Artwork. Examples include:

• Paint delamination or flaking not caused by environmental factors

• Canvas or panel warping under recommended display conditions

• Varnish cracking, yellowing, or hazing not attributable to environmental exposure or effects of long-term ageing

• Ground separation from the substrate

• Adhesive failures in mounted or framed works

Defects in workmanship refers to failures resulting from the Artist's execution or construction methods. Examples include:

• Improper stretching leading to canvas distortion

• Inadequate sealing resulting in moisture infiltration

• Structural instability in framing or mounting

• Layering or curing issues causing critical paint film failure

The statutory liability covers defects that were present at the time of delivery, even if they only become apparent later. It does not cover damage that occurs after delivery due to handling, environmental conditions, or other causes listed in Section 8.2.

8.2 Examples of Damage Typically Not Attributable to Defects at Delivery

The following are examples of damage or deterioration that typically result from causes occurring after delivery rather than from defects existing at the time of delivery:

Handling and storage:

• Water or liquid exposure

• Humidity damage

• Contact with other objects or surfaces

• Inadequate support or improper storage orientation

• Physical impact, abrasion, punctures, or tears

• Bending or flexing of canvas

• Exposure to dust, smoke, or airborne contaminants

• Pest or insect damage occurring after delivery due to the Buyer's storage conditions

• Intentional damage

Environmental conditions:

• Direct sunlight or UV exposure

• Extreme or fluctuating temperatures

• Excessive humidity or moisture

• Placement near heat sources, air conditioning vents, fireplaces, or radiators

• Outdoor display

Improper care and intervention:

• Use of water, solvents, household cleaners, or abrasive materials

• Touching the painted surface

• Attempts to clean, varnish, restore, or modify the Artwork by anyone other than the Artist

• Removal from original support, stretcher bars or frame

• Application of adhesives, tape, or mounting materials to the Artwork surface

Third-party issues:

• Damage caused by framers, restorers, or other third parties

• Damage during return shipping due to inadequate packaging by the Buyer

Display and mounting:

• Damage from incorrect hanging hardware or insufficient wall anchoring

• Falling or leaning against sharp objects

• Contact with glass or plastic glazing

• Display in high-traffic areas subject to accidental contact

Cross-Reference to Care Instructions

Damage resulting from failure to comply with the Care Instructions (Section 11.2) or Packaging Requirements (Section 7.7) is typically attributable to post-delivery causes.

8.3 Filing a Claim

To report a potential defect, contact the Artist. The Artist will provide a claim form requesting:

• photographs of the issue,

• proof of purchase,

• delivery date, and

• a description of the issue and the conditions under which the Artwork has been displayed and stored.

The Artist will respond within 5 Business Days with the next steps.

8.4 Inspection Process

If the Artist determines that physical inspection is required to assess the claim, the Artist will provide a shipping label or arrange an insured return method. The Artist will communicate a reasonable inspection timeframe.

If the claim is confirmed as a statutory defect, the Artist bears all reasonable shipping and inspection costs incurred by the Buyer for the claim.

If inspection shows no covered defect, (e.g., damage attributable to causes occurring after delivery), the Buyer bears reasonable shipping and inspection costs, to the extent legally permitted.

8.5 Remedies

Buyer's choice of remedy: The Buyer may request repair or replacement of defective Artwork.

Artist's right to refuse: The Artist may refuse the Buyer's chosen remedy if it would be disproportionately costly compared to the alternative remedy, and instead provide the alternative remedy (§ 439 Abs. 4 BGB).

If remedy fails or is not provided within a reasonable time: The Buyer retains statutory secondary rights, including the right to reduce the purchase price or withdraw from the contract (§ 437 Nr. 2, Nr. 3 BGB).

The statutory rules on remedy attempts and further rights apply.

8.6 Return of Repaired or Replaced Artwork

The Artist bears all reasonable shipping costs for returning repaired or replaced Artwork, or for any return related to a refund under a valid statutory defect claim.

9. Repair Services

Repair services under this Section are independent of, and do not limit, statutory defect rights under Section 8. Repair and restoration services are governed by separate agreements established on a case-by-case basis (see Section 2.2). The following provides general information about the repair process.

9.1 Available Repairs

The Artist offers repair and restoration services for Artwork purchased through the Website. Repairs may include varnish removal and reapplication, reglazing of affected areas, repair of superficial scratches, canvas tear repair, and other forms of damage resulting from mishandling or accidents.

The scope of repairs that can be performed depends on the specific nature and extent of the damage. A comprehensive list of all possible repairs cannot be provided, as each case requires individual assessment.

9.2 Requesting Repairs

To request repair services, contact the Artist with photographs of the Artwork and the issue. Based on the photographs, the Artist may provide a preliminary estimation of repair possibility and potential costs. This preliminary estimation is for informational purposes only and does not constitute a binding offer or guarantee of repair feasibility.

If the Artist determines that physical examination is necessary, you will be provided with a shipping label. The in-person assessment of the Artwork is provided as a free service.

9.3 Repair Contracts

After inspection, the Artist will provide a quote and an estimated timeframe for completion. The estimate is not a guarantee, as restoration work is inherently unpredictable and the Artist's availability may vary due to other commitments. Significant changes to the estimated duration will be communicated to the Buyer as they arise.

The Buyer may accept or decline the quote. If the Buyer accepts, a repair contract is formed, and the Artwork will be returned upon completion of repairs. If the Buyer declines, the Artwork will be returned without repair.

After repair or defect assessment work is completed, the Artist will notify the Buyer and request confirmation of the return address and, if applicable, payment of return shipping within 14 days.

If the Buyer is unresponsive:

• The Artist may return the Artwork to the last known address on file (if feasible and if return shipping has been prepaid or can be invoiced), or

• Proceed to the storage and notice escalation procedure described in Section 10.

9.4 Shipping Costs for Repairs

The Buyer is responsible for all shipping costs associated with paid repairs. The cost of the initial shipping label provided for assessment will be added to the repair invoice if repairs proceed. If the Buyer declines repairs, the cost of the initial shipping label and the return shipping will be invoiced separately before the Artwork is returned. The Buyer is liable for all risks associated with these shipments.

9.5 Declining Repairs

The Artist reserves the right to decline repair requests if the damage is beyond reasonable restoration.

10. Unresponsive Buyers and Abandoned Artwork

Nothing in this section limits mandatory consumer rights that cannot be waived under applicable law.

If the Artwork is in the Artist's possession, whether for defect assessment, repair, return processing, undeliverable shipment or any other reason, and the Buyer becomes unresponsive, the following escalation procedure applies.

10.1 Duty to Cooperate

The Buyer has a duty to cooperate with the Artist in completing any pending transaction, return, or service. Failure to respond to reasonable communications constitutes a breach of this duty.

10.2 Notice Procedure

The Artist will attempt to contact the Buyer via email at the address on file. If no response is received within 14 days, the Artist will send a formal written notice by registered mail to the Buyer's last known address, informing them that the Artwork is awaiting collection or return instructions.

10.3 Storage Fees

If the Buyer fails to respond within 30 days of the registered notice, storage fees will begin to accrue from that date: €5 per day for Artwork 60 cm or smaller in both length and width, or €10 per day for Artwork exceeding 60 cm in either dimension. Storage fees reflect reasonable storage, insurance, and handling costs. The Buyer may prove that the actual costs incurred were lower.

Storage fees continue to accrue until the Artwork is collected, returned, or deemed abandoned. The Artist will send a final notice informing the Buyer that if no response is received within a further 60 days, the Artwork will be deemed abandoned ("Abandoned Artwork").

10.4 Realisation of Artwork to Satisfy Outstanding Claims

If the Buyer remains unresponsive after the expiration of the notice periods described above, the Artwork secures a monetary claim of the Artist arising from storage, custody, insurance, and handling of the Artwork during the period of Buyer default.

Upon formal abandonment, the Artist is entitled to realise the Artwork in order to satisfy this claim by way of self-help sale in accordance with §§ 383–386 BGB. The final notice will include an estimate of outstanding charges and a final deadline.

Sale process: The sale will be conducted in a commercially reasonable manner and documented. The Artist will provide a statement of proceeds and charges to the Buyer at the last known contact details.

Any proceeds exceeding the total outstanding claims and Recoverable Costs will be held for the Buyer in accordance with applicable statutory limitation periods. Shortfalls remain owed by the Buyer. The Artist may alternatively elect to retain or dispose of the Abandoned Artwork if sale is not commercially viable.

10.5 Preservation of Rights

This provision does not affect the Buyer's ownership rights until abandonment is formally established as described above. The Artist will make reasonable efforts to contact the Buyer before treating any Artwork as abandoned.

11. Product Information

11.1 Quality Tiers

Heirloom Quality: Created with the best efforts to achieve museum-grade longevity in both technique and materials.

Standard Quality: Created with professional-grade materials suitable for long-term display.

Study Pieces: Created for concept exploration without following archival guidelines on materials or techniques.

Experimental: Created with unique technical approaches without following archival guidelines on materials or techniques.

11.2 Care Instructions

Environmental Conditions

The Artwork must be displayed and stored in an indoor environment with:

• relative humidity between 40% and 60%, and

• ambient temperature between 18°C and 26°C.

Sustained or repeated exposure outside these ranges may cause irreversible damage to the paint film, substrate, or structural integrity and constitutes improper care.

The Artwork is not suitable for prolonged direct sunlight or UV exposure. If the artwork is exposed to direct sunlight or UV, colour fades may happen.

General Care

Clean only with a soft, dry brush. Never use water, chemicals or cleaning solutions.

Artwork cannot withstand impact, weight, or abrasive contact. Do not lay paintings face down, lean them against objects that may contact the painted surface, or place weighted items on them. Store Artwork upright, either hanging on appropriate hardware or freestanding on a padded surface.

The Artwork must not be:

• touched on the painted surface, even with clean hands or gloves,

• carried without rigid support under the entire surface area,

• placed on the floor or leaned against walls without padding,

• stored face-down or stacked beneath or above other objects,

• wrapped in plastic for long-term storage without ventilation.

Duty to Mitigate Damage

If the Artwork is exposed to water, excessive humidity, impact, or any other damaging event, the Buyer must take reasonable steps to prevent further damage and notify the Artist without undue delay.

Failure to mitigate damage may reduce or exclude coverage under statutory defect claims to the extent permitted by law (§ 254 BGB).

Detailed care instructions are available upon request.

11.3 Certificate of Authenticity

Every original painting is accompanied by a signed Certificate of Authenticity. The certificate includes the title of the Artwork, medium and materials used, dimensions, date of completion, unique identification number, and the Artist's signature. The certificate verifies the Artwork as an original creation by Karya Levni.

11.4 Material Specification Sheet

A detailed Material Specification Sheet is provided for all Heirloom Quality Artwork and selected Standard Quality or Experimental Artwork. This document lists the specific materials used in the Artwork's construction, including substrate, ground, pigments, mediums, and varnish.

Buyers should retain both the Certificate of Authenticity and the Material Specification Sheet. These documents may be required for resale, insurance, authentication, or future repairs. The Material Specification Sheet is essential for ensuring accurate conservation and repair work.

11.5 Additional Information

The following information is provided to assist with the Buyer's understanding of the care instructions provided in section 11.2. This subsection, "11.5 Additional Information", does not constitute contractual obligations.

An oil painting's lifespan is a combination of its materials, application method and lifetime care. The materials and application method quality for each piece are outlined in Section 11.1.

Oil paint is porous, like a microscopic sponge. Varnish provides a removable protective layer that helps shield the paint film from being penetrated by pollutants, humidity, and potential damage from handling. If applied after proper curing (typically 6–12 months), varnish sits on top of the paint film rather than penetrating it, making future removal and conservation easier. Any visible damage to this layer (cracking, chipping, discolouration) should be addressed promptly to avoid damage to the paint itself.

Repeated removal and reapplication of varnish can cause complications, particularly if varnish types and removal methods aren't documented. Professional conservation and document keeping are recommended for any restoration work.

Different pigments have different properties: some are more brittle, others may be less resistant to light. Mishandling can cause brittle paints to crack (e.g. temperature fluctuations, bending) or less lightfast pigments to fade.

It is in your best interest to alert the artist of any changes in the paint film, varnish, colour, or structure. The Artist can assist with repairs and preventative care.

12. Intellectual Property

12.1 Copyright

All Artwork remains the intellectual property of Karya Levni (§ 7, § 11 UrhG). Purchase conveys ownership of the physical object only, not reproduction rights (§ 44 Abs. 1 UrhG).

12.2 Permitted Uses

Buyers may display the Artwork privately or publicly, resell the physical Artwork (§ 17 Abs. 2 UrhG), photograph the Artwork for personal documentation, and photograph the Artwork for the purpose of advertising its resale (e.g., auction listings, gallery websites, online marketplaces).

Photographs taken for resale purposes may not be used for any other commercial purpose, reproduced in publications, or licensed to third parties.

12.3 Prohibited Uses

Without written permission, Buyers may not reproduce the Artwork (§ 16 UrhG), use images commercially beyond resale advertising, create derivative works (§ 23 UrhG), digitally alter images, or license reproduction rights. The Artist retains the right of integrity, and any distortion or modification of the Artwork that would prejudice the Artist's legitimate interests is prohibited (§ 14 UrhG).

12.3.1 AI and Machine Learning Restrictions

All Website content is prohibited from use in AI training datasets, machine learning, image generation systems, or automated content tools. This includes web scraping and automated data collection. Violations may result in legal action (§ 97 UrhG).

12.4 Artist Promotional Use

The Artist may use images of sold Artwork for portfolio, social media, exhibition, and press purposes. Notify the Artist in writing at purchase if you wish to restrict this.

12.5 Artist Resale Right (Folgerecht)

Under the German Copyright Act (§ 26 UrhG) and EU Directive 2001/84/EC, the Artist retains the right to receive a percentage of the sale price when original Artwork is resold through art market professionals (galleries, auction houses, dealers) for €400 or more.

This right is inalienable and applies regardless of any transfer of ownership of the physical Artwork. By purchasing original Artwork, you acknowledge the Artist's resale right and agree to ensure that any future sale through an art market professional complies with applicable resale right obligations.

13. Pricing, Payment, Ownership, and Seller Cancellation

The following provisions govern pricing, payment, ownership transfer, and seller-initiated cancellation.

13.1 Currency and VAT

All prices are in Euros. Pursuant to § 19 UStG (Kleinunternehmerregelung), no VAT is charged and no VAT is shown on invoices.

13.2 Payment Methods

Accepted payment methods are displayed at checkout. For purchases via the Contact Form, IBAN bank transfer is available. The Artist uses secure third-party payment processors and does not store payment card data.

13.3 Price Binding

The price at the time of Order placement is binding for that Order.

By clicking "Purchase," you confirm your obligation to pay (§ 312j Abs. 3 BGB).

13.4 Retention of Title (Eigentumsvorbehalt)

Ownership of the Artwork remains with the Artist until full payment has been received (§ 449 Abs. 1 BGB). If payment is made by bank transfer or other non-instantaneous method, ownership transfers upon clearance of funds.

13.5 Order Cancellation by Seller — Grounds

The Artist may cancel an Order prior to dispatch if the Artwork is damaged, lost, or destroyed before shipping; the Artwork is discovered to have a defect that was not apparent at the time of listing; a material error exists in the product listing (see Section 14); or the Order cannot be fulfilled due to circumstances beyond the Artist's control.

13.6 Order Cancellation by Seller — Notification and Refund

If the Artist cancels your Order, you will be notified promptly with an explanation. Any payment received will be refunded in full within 7 Business Days using the original payment method.

13.7 Order Cancellation by Seller — No Further Liability

In the event of cancellation under this section, the Artist's liability is limited to refunding the purchase price, to the extent permitted by law. The Artist is not liable for consequential damages, lost opportunities, or costs incurred in anticipation of receiving the Artwork, except where such liability cannot be excluded under applicable law.

14. Pricing Errors

The Artist takes care to ensure all prices are accurate. However, if an obvious pricing error occurs due to a technical malfunction, typographical mistake, or other error, the Artist is not bound to fulfill Orders placed at the incorrect price (§ 119 Abs. 1 BGB).

An error is considered obvious if the displayed price is significantly below the market value of comparable Artwork or if a reasonable Buyer would recognize the price as mistaken.

If a pricing error affects your Order, the Artist will notify you promptly and offer you the option to purchase at the correct price or receive a full refund.

15. Force Majeure

The Artist is not liable for delays or failure to perform obligations under these terms if such delay or failure results from circumstances beyond the Artist's reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, labor disputes, carrier disruptions, or infrastructure failures.

In such events, the Artist will notify you as soon as practicable and make reasonable efforts to resume performance. If the delay exceeds 30 days, either party may cancel the affected Order. In case of cancellation, the Buyer will receive a full refund of any amounts paid.

16. Limitation of Liability

Nothing in this section limits mandatory consumer rights that cannot be waived under applicable law. This limitation does not apply to statutory liability for defects.

16.1 Unlimited Liability

The Artist has unlimited liability for:

• damages caused intentionally or through gross negligence,

• injury to life, body, or health,

• liability under the German Product Liability Act (Produkthaftungsgesetz),

• fraud or fraudulent misrepresentation, and

• any other liability that cannot be limited or excluded under applicable law.

16.2 Liability for Simple Negligence

For damages caused by simple negligence:

Breach of essential contractual obligations (Kardinalpflichten): The Artist is liable, but liability is limited to foreseeable damages typical for this type of contract.

Breach of non-essential obligations: Liability for simple negligence is excluded, to the extent permitted by law.

16.3 Exclusions

The Artist is not liable for:

• indirect or consequential damages, except where caused by intent or gross negligence,

• lost profits, except where caused by intent or gross negligence,

• damage resulting from failure to follow care instructions (Section 11.2),

• aesthetic preferences or subjective dissatisfaction, or

• minor colour variations due to differences in screen calibration

17. Dispute Resolution and Governing Law

These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, mandatory consumer protection rules of the consumer's country of residence remain unaffected. If mandatory local consumer laws restrict choice of law or jurisdiction, those mandatory rules prevail.

For consumers, jurisdiction is determined by mandatory statutory provisions. For business customers purchasing under a separate agreement, the courts of Berlin, Germany, shall have exclusive jurisdiction.

The Artist is not obligated to participate in consumer arbitration proceedings before a consumer arbitration board (§ 36 VSBG) but may elect to do so voluntarily on a case-by-case basis. Buyers may contact the Artist directly to resolve any disputes.

18. General Provisions

Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect (§ 306 Abs. 1 BGB).

Amendments: The Artist may modify these Terms and Conditions at any time. Changes apply to Orders placed after the effective date of the modification and do not affect existing contracts.

Language: The English version of these Terms and Conditions is the authoritative contract text, except for Section 7.9 (Widerrufsbelehrung), where the German text governs as required by law.

Entire Agreement: These Terms and Conditions, together with the Privacy Policy and the Impressum, constitute the entire agreement between the Artist and the Buyer regarding the purchase of Artwork through the Website.

19. Contact

Karya Levni
Postfach 2 99 74, 10132 Berlin, Germany
karyalevni@gmail.com

Last Updated: 2025-12-14