Terms and Conditions (GTC)
photogravure.studio

1. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services provided by photogravure.studio, owner: Steffen Dibke (hereinafter referred to as "Provider"), which are concluded via the website photogravure.studio, by e-mail, or other means of distance communication.

2. Conclusion of Contract

The presentation of services on the website does not constitute a legally binding offer, but rather an invitation to submit an inquiry. A contract is only concluded when the Provider accepts the customer's inquiry by means of a written order confirmation (usually by e-mail) and the terms of payment have been agreed upon.

3. Services and Tax Rates

For billing purposes, the Provider distinguishes between artistic services and craft services:

• Own Artworks: The sale of the Provider's own, limited, and signed prints is subject to the reduced tax rate of currently 7% VAT.

• Services: The production of photopolymer plates (printing blocks) as well as the creation of custom prints based on customer motifs are considered craft services and are billed at the standard rate of currently 19% VAT.

4. Copyright and Usage

• Own Designs: For products based on motifs of the Provider, all copyrights remain with the Provider. The customer receives a simple right of use to utilize the physical printing block for their own prints. Any replication, digitization, or commercial exploitation of the motif beyond this is prohibited.

• Customer Motifs: For custom orders, the customer guarantees that they hold the necessary copyright and usage rights for the provided templates. The customer indemnifies the Provider against all claims by third parties due to copyright infringement.

• Identification: The Provider is entitled to discreetly mark the back of manufactured printing plates as the author or manufacturer (e.g., "photogravure.studio").

5. Right of Withdrawal and Exclusion

• Right of Withdrawal: Consumers are entitled to a statutory 14-day right of withdrawal for distance sales contracts regarding finished artworks (stock goods). Returned goods must be sent back in their original condition and original packaging. The Provider reserves the right to claim compensation for a loss in value in the event of demonstrable damage or impairment due to improper handling.

• Exclusion: The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB). This applies in particular to custom-made photopolymer plates and custom prints based on customer motifs.

6. Specifics of the Craft

Photogravure is a manual, handcrafted process. Minor variations in ink application, positioning, or paper texture are process-inherent, constitute the unique character of each print, and do not represent a defect.

7. Reservation of Title and Payment

The exposed photopolymer plates and produced prints remain the property of the Provider until full payment has been received.

Unless otherwise agreed, payments are to be made within 7 days of receipt of the invoice without any deduction.

8. Liability and Transfer of Risk

The Provider is liable for damages only incases of intent or gross negligence.

In the case of shipping to entrepreneurs, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the shipment has been handed over to the transport company.

9. Storage of Printing Blocks

• Free Storage: The Provider stores manufactured photopolymer plates (printing blocks) free of charge for the first year after completion. The storage period begins with the completion date of the plate.

• Paid Storage: From the second year onwards, an annual storage fee per plate will be charged. The amount of the fee will be communicated to the customer in writing well in advance of the end of the first year.

• Collection and Return: The customer is entitled to collect the plate at any time or have it sent at their own expense. A return of the plate ends the Provider's storage obligation.

• Uncollected Plates: If the customer does not respond within three months to a written request to collect the plate or clarify further storage, the Provider is entitled to dispose of the plate. In this case, the Provider's liability is excluded.

• Disclaimer of Liability: The Provider stores the printing blocks with the customary care, but assumes no liability for damage caused by normal storage, aging of the material, or force majeure.

10. Final Provisions

The law of the Federal Republic of Germany shall apply. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.