GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION

These General Terms and Conditions apply to inquiries, reservations, and the purchase of original artworks via this website, particularly via the contact form, as well as to further communication via email or telephone.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT

The contractual partner is: Alana Giulia Desiree Kesselman-Evans.

The presentation of artworks on this website does not constitute a legally binding offer, but rather a non-binding invitation to establish contact.

A purchase contract is only concluded if:

you submit an inquiry (e.g., via the contact form), and
we agree on the essential contents of the contract (in particular the artwork, price, shipping costs, delivery time/handover date, and method of payment) through personal exchange (e.g., via email), and
I confirm the purchase in text form (e.g., via email).

The prices specified in the offer or contract confirmation shall apply. Shipping costs – if applicable – will be listed separately and communicated before the contract is concluded.

Pursuant to Section 19 UStG (German Small Business Regulation / Kleinunternehmerregelung), no value-added tax (VAT) is charged or displayed.

3. RESERVATIONS

A reservation is possible upon request and is only effective once I confirm it in text form (e.g., via email).

Unless otherwise agreed, the following applies:

A reservation is non-binding and will be held for 48 hours from the time of confirmation.
After the reservation period has expired, the artwork may become freely available again.
A reservation does not constitute a purchase contract. The purchase contract is only concluded in accordance with Section 2.

4. COMMISSIONED ARTWORKS (COMMISSIONS)

Commissioned artworks are available upon request and are created individually in my artistic style. Before starting, we will agree on the essential key data (in particular the format, color scheme/mood, technique/materials, timeframe, shipping, and optional floating frame). The agreements will be recorded in text form (e.g., via email) and form the basis of the offer.

4.1 DOWN PAYMENT / PAYMENT

For commissioned artworks, a down payment amounting to 50% of the agreed total price is due. I will only begin execution after receipt of the down payment. The remaining balance becomes due prior to shipping or handover, unless otherwise agreed.

4.2 INTERMEDIATE REVIEW & APPROVAL

An intermediate review is possible during the creation process. Before shipping, you will receive a final view for approval. Shipping or handover will only take place after your approval.

4.3 ARTISTIC PROCESS / DEVIATIONS

I work intuitively. The process cannot be fully planned; slight deviations in nuances, structure, and detailed execution are part of the artistic work and do not constitute a defect.

4.4 CANCELLATION

In the event of a cancellation after execution has begun (in particular after receipt of the down payment and the start of the work process), a refund of the down payment is generally excluded, unless individually agreed otherwise.

4.5 SPECIAL REGULATION REGARDING THE CANCELLATION OF COMMISSIONS OR ALTERED ARTWORKS

In accordance with statutory regulations, there is no right of withdrawal for custom-made commissioned artworks. This also expressly applies to already completed paintings on which subsequent changes or adjustments are made at the request of the customer (e.g., the application of a special varnish layer, individual framing, or color/structural retouches). As soon as such an adjustment has been agreed upon, it constitutes goods tailored to the personal needs of the consumer; a refund or credit note due to dislike is excluded in these cases. Statutory warranty rights remain unaffected by this.

4.6 FLOATING FRAMES (OPTIONAL)

A floating frame is optional and is offered upon request. The additional costs as well as any impact on delivery time and shipping costs will be communicated before the contract is concluded.

5. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT

The languages available for the conclusion of the contract are: German and English.

The text of the contract results from the correspondence (e.g., email history). Any storage beyond this in a customer account does not take place.

6. DELIVERY CONDITIONS

6.1 DELIVERY AREA

I deliver within Germany. Deliveries within the EU as well as international deliveries are available upon request.

Deliveries to island regions and difficult-to-access areas shall take place exclusively by prior arrangement.

6.2 DELIVERY TIMES

The delivery time is coordinated individually and communicated within the framework of the contract confirmation.

Within Germany, the delivery is usually ready for dispatch within 10–14 business days; delivery then takes place depending on the shipping service provider. For shipping via a freight forwarder or for particularly large formats, delivery may take longer.

For deliveries to the EU or third countries, delivery may take longer (e.g., due to longer transport routes, customs clearance, or the processes of the shipping service provider). The specific timeframe will be communicated before the contract is concluded.

6.3 SHIPPING COSTS

Shipping costs are calculated individually and depend on the size/format of the artwork, packaging dimensions, shipping destination, and the chosen shipping service provider (e.g., DHL/UPS/freight forwarder). The specific amount will be communicated before the contract is concluded.

6.4 SHIPPING / PICKUP

Shipping will be made to the delivery address agreed upon during the contract coordination.

Alternatively, pickup is possible by arrangement at:

Alana Kesselman-Evans, Tannenweg 1, 61267 Neu-Anspach, Germany

Hours: Monday to Saturday by arrangement

6.5 DELIVERY BY FREIGHT FORWARDER (IF REQUIRED)

In the case of freight forwarder deliveries, the commissioned company will contact you to arrange a delivery date. Depending on the type of shipping, delivery is made to the curb or to the front door. The specific scope of service (delivery location, time window, any additional services) will be communicated and agreed upon before the contract is concluded.

6.6 CUSTOMS / IMPORT DUTIES (FOR INTERNATIONAL DELIVERIES)

Bei Lieferungen außerhalb Deutschlands (insbesondere in Drittländer) können zusätzliche Zölle, Steuern oder Gebühren (z. B. Einfuhrumsatzsteuer) anfallen. Diese Kosten sind von der Käuferin/dem Käufer zu tragen und werden vor Ort von den zuständigen Behörden oder dem Versanddienstleister erhoben.

For deliveries outside of Germany (especially to third countries), additional customs duties, taxes, or fees (e.g., import turnover tax) may apply. These costs are to be borne by the buyer and are levied locally by the competent authorities or the shipping service provider.

7. PAYMENT

The following payment methods may be offered – depending on the agreement:

Payment in advance (bank transfer)

If payment in advance is selected, I will provide you with the bank details in the contract confirmation.

The shipping/handover will take place after receipt of payment.

Cash payment upon pickup

Upon pickup, the invoice amount can be paid in cash by arrangement.

8. DAMAGE IN TRANSIT

If you are a consumer (private individual), I legally bear the transport risk until the goods have been handed over to you. If your artwork was damaged during transport, please contact me by email as soon as possible after receipt and send clear photos (artwork, damage, as well as packaging/cushioning). Please keep the packaging until the matter is resolved.

Since this is original art, an identical replacement is usually not possible.

Depending on the case, I offer

a refund (usually after coordinated return shipment) or
upon request, a credit note / voucher for another artwork.

Your statutory rights remain unaffected by this.

9. WARRANTY

The statutory warranty rights (Mängelhaftungsrecht) shall apply. In the event of damage in transit, Section 8 applies supplementary.

10. RETENTION OF TITLE

The artwork remains my property until full payment has been made.

11. CANCELLATION POLICY & MODEL CANCELLATION FORM

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. The right of withdrawal applies exclusively to the purchase of prefabricated, unmodified artworks.

11.1. CANCELLATION POLICY

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation 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 cancellation, you must inform me:

Artist: Alana Giulia Desiree Kesselman-Evans

Address: Tannenweg 1 - 61267 Neu-Anspach - Germany

Email: hello@alanakesselmanevans.com

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

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired (timely dispatch/handover to the shipping service provider within the 14 days is sufficient to preserve the deadline).

Effects of Cancellation

If you cancel this contract, I shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by me), without undue delay and in any event not later than fourteen days from the day on which I am informed about your decision to cancel this contract. For this reimbursement, I will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

I may withhold reimbursement until I have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to me without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation of this contract to me. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods. For goods that, due to their nature, cannot normally be returned by post (e.g., large-format artworks that must be transported by a freight forwarding company), the costs for the return shipment – especially from international locations – are estimated at a maximum of approximately 2,000 EUR. The actual costs depend on the respective country of origin and the chosen freight forwarder and are to be borne entirely by the buyer.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods (e.g., damage caused by improper return packaging).

11.2. EXCLUSION OF THE RIGHT OF CANCELLATION

In accordance with Section 312g para. 2 no. 1 BGB, the right of cancellation does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Important note for custom artworks and modifications: The right of cancellation is completely excluded for:

Individual commissioned artworks (Commissions) created from scratch according to your specifications, wishes, or reference photos.
Already existing paintings that are altered, adjusted, or individualized at your express request prior to shipping (this includes, among other things, the application of a requested varnish layer, specific framing, or subsequent detail changes to the painting). Upon approval of such adjustments, the right of cancellation for this artwork expires.

11.3. MODEL CANCELLATION FORM

(If you want to cancel the contract, please fill out this form and send it back.)

To:

Alana Giulia Desiree Kesselman-Evans

Tannenweg 1, 61267 Neu-Anspach, Germany

E-Mail: hello@alanakesselmanevans.com

I/We () hereby give notice that I/We () cancel my/our () contract of sale of the following goods ()

Ordered on () / received on ()

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date: ()

12. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. I am neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.