Terms of service

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "T&Cs") of

The Action Painters DE GmbH

Address: Arnulfstraße 195

80634 Munich

Email: support@theactionpainters.com

Phone: +49 176 42895305

(hereinafter referred to as "Provider")

apply to all contracts that a consumer or business (hereinafter "Customer") concludes with the Provider regarding its goods and services in distance selling. The inclusion of the Customer's own terms and conditions is hereby objected to.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 BGB). A business within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 BGB).

 

1.2 The subject matter of the service is the organization and execution of "Action Painting Events." These are artistic events in which techniques of action painting are applied under guidance.

 

2) Conclusion of Contract

2.1 The service descriptions contained in the Provider's online shop do not constitute binding offers on the part of the Provider, but rather serve to enable the Customer to submit a binding offer.

 

2.2 The Customer may submit the offer via the order form integrated into the Provider's online shop. After configuring the selected services and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the services contained in the shopping cart by clicking the button that concludes the ordering process. After receiving the Customer's order, the Customer will receive a separate, automated confirmation of receipt of their order(s). Such confirmation constitutes acceptance of the offer. In the case of contracts concluded with businesses via email, it is generally the Provider who submits the binding offer, which remains valid for 14 days.

 

2.3 When an offer is submitted via the Provider's online order form, the contract text is stored by the Provider after the contract is concluded and transmitted to the Customer in text form (e.g. email) after their order has been submitted.

The text is not made available thereafter.

 

2.4 German is the language used for concluding the contract.

 

2.5 Order processing and contact generally take place 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 Provider can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider to handle order processing can be delivered.

 

3) Right of Withdrawal / Cancellation

3.1 Consumers residing in the EU are generally entitled to a right of withdrawal for contracts concluded at a distance. There is no right of withdrawal for bookings of Painting Sessions, since pursuant to Section 312g(2) no. 9 BGB, there is no right of withdrawal for contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for performance. Please refer to the withdrawal notice for further details.

 

3.2 In the event of written cancellation (an email is sufficient) up to 7 calendar days before the course begins, the Customer will receive 100% of the course fee in the form of a voucher for later use.

In the event of written cancellation (an email is sufficient) up to 72 hours before the course begins, the Customer will receive 50% of the course fee as a voucher.

In the event of cancellation less than 72 hours before the course begins, or in the event of non-attendance, no refund or voucher will be issued.

 

4) Prices and Payment Terms

4.1 Unless otherwise indicated in the Provider's product and service description, the stated prices are total prices that include statutory value-added tax.

 

4.2 Please refer to our website for the payment methods accepted by the Provider.

 

4.3 Vouchers are provided to the Customer as follows:

• by email

 

5) Rights and Prohibitions

5.1 All copyrights and exploitation rights to the paintings created belong to the customers who painted them. The Customer grants the Provider the right to take photographs of paintings created by them alone or together with another customer and to publish these photographs on its own advertising media, and in particular on its website, without naming the respective customer, without the Customer being entitled to any compensation for this.

 

5.2 The premises made available may only be used for Action Painting events. Use is only permitted in the designated areas and takes place under the supervision of the Provider or an authorized person.

 

5.3 Smoking is prohibited on the premises.

 

5.4 The Provider reserves the right to deny participants access to the event or to prohibit further consumption of alcohol if they are visibly too intoxicated or if their behavior endangers the safety of the event, other persons, or the premises. In this case, no refund of the price will be made.

 

5.5 Collection period and transfer of ownership: The collection period for paintings created during the sessions is 4 weeks from the date of the booked session. If the paintings are not collected by the Customer within this period, ownership of the paintings automatically and without compensation transfers to the Provider. In this case, there is no entitlement to a refund of the price or to damages.

 

6) Warranty / Liability

6.1 The statutory warranty provisions apply.

If the Customer acts as a business,

• an insignificant defect generally does not give rise to warranty claims,
• the Provider has the choice of the type of remedy for defects,
• the limitation period for defects is one year from delivery of the goods/provision of the service,
• the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).

If the Customer acts as a business within the meaning of the Austrian Commercial Code (UGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 UGB. If the Customer fails to comply with the notification obligations set out therein, the goods or service shall be deemed approved.

 

6.2 The Provider's liability is excluded for slight negligence, unless it involves personal injury. These liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

 

6.3 The Provider assumes no responsibility whatsoever for personal items or belongings brought onto and located within the event premises.

 

6.4 Customers are advised that paints and materials may permanently stain clothing and personal belongings. The Provider assumes no liability for damage to clothing or items brought by participants.

 

6.5 Persons with respiratory conditions, allergies, or other health limitations should seek medical advice before participating. Participation is at the participant's own risk.

 

6.6 To the extent food and beverages are provided, the Provider assumes no liability whatsoever for allergic reactions, intolerances, or other health complications resulting from consumption. Checking ingredients is the sole responsibility of the participants.

 

6.7 Customers must comply with the Provider's instructions.

7) Redemption of Vouchers

7.1 Vouchers that can be purchased through the Provider's online shop can only be redeemed in the Provider's online shop, unless otherwise indicated on the voucher.

 

7.2 Vouchers and remaining voucher balances can be redeemed for three years from the date of issue of the voucher. Remaining balances are credited to the Customer until the expiration date.

 

7.3 Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

 

7.4 Only one voucher can be redeemed per order.

 

7.5 Vouchers can only be used to purchase a Painting Session, not to purchase additional gift vouchers.

 

7.6 If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the Provider may be selected to pay the difference.

 

7.7 The balance of a voucher is neither paid out in cash nor accrues interest.

 

7.8 The gift voucher is transferable. The Provider may render performance with discharging effect to whichever holder redeems the voucher in the Provider's online shop. This does not apply if the Provider has knowledge, or is grossly negligently unaware, of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

 

8) Jurisdiction

8.1 The events are held exclusively in person on-site in Munich. The business activity is therefore carried out exclusively in Germany. The place of performance is the Provider's registered office.

 

8.2 In relation to businesses, the court with subject-matter jurisdiction at the Provider's registered office is agreed as the exclusively competent court.