Terms & Conditions

Terms & Conditions

1. General

2. Contracts

2.1. Purchases

2.2. Commissions

2.3. Workshops

2.4. Modelling for a portrait

2.5. Registration for SommerKunstNewsletter

2.6. Submission of guest article for SommerKunstBlog

2.7. Other services on request

3. Privacy Policy

4. Final clauses

1. General

Please read these Terms and Conditions carefully before using the https://www.ateliersommerkunst.de website. Your use of any provided service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients and others who access or use the website or Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Any changes to the Tems can only be accepted when both parties have a written agreement prior to the execution of an order or service.

Written contracts are currently only issued in German.

All contract liability is accepted by

Seona Sommer, Lindlarer Str. 28, D-51109 Köln

mobile phone: +49 one-seven-three 63 87 214, e-mail: mail[at]ateliersommerkunst[dot]de

According to German law § 19 UStG, we don’t add VAT to our invoices.

2. Contracts

Atelier SommerKunst offers the following services, which are executed only after conclusion of contract:

2.1. Purchase of an original art work or another item from the shop (e.g. postcards, calender, e-book etc.)

(a) Direct sales under 500 EUR must be paid immediately.

(b) It is possible to purchase an artwork worth more than 500 EUR by making an immediate deposit of 20 %. You have got 7 days then to pay the full price. If you cannot pick up your purchase yourself, we will make arrangements for shipping at your costs.

(c) No right of return shall exist for direct sales, which includes all cases in which you have already seen the original artwork (e.g. during an exhibition).

(d) Any exceptions may only apply when both parties have a written agreement prior to signing the purchase contract.

(e) Our online shop is currently under construction. If you wish to make purchase, please contact us by e-mail: mail[at]ateliersommerkunst.de.

2.2. Commissions

(a) Our service focuses on realistic portrais. Landscapes, animals, still lifes are not excluded but not always possible. We offer oil paintings on canvas as well as pencil/charcoal/pastell drawings on high quality paper.

(b) The artworks are based on reference photos that meet certain requirements, which are necessary so that the artist can meet the quality standards. Please ask for details. .

(c) You must send your reference photo by e-mail (JPG or PSD) to: mail[at]ateliersommerkunst.de.

(d) The file size of the photo should be at least 3 MB. This size refers to a regular portrait photo. If the model’s face only takes up a small proportion of the photo, then 3 MB might be too small. It is recommended that you send a photo with some contrasts and not a business like passport photo where the faces are usually over illuminated and therefore very flat.

(e) The artist may change parts of the reference photo in her artwork based on her artistic experience and freedom. The changes may apply to colors, contrasts, details etc. If there are certain parts that you do not wish be be changed, please let us know prior to agreeing on the commission.

(f) The artist does not accept deadlines for the completion of the artwork. If you need the completed commission on a certain date, please make your order as early as possible.

(g) Additional framing & varnishing can be discussed before or after the completion of the artwork.

(h) If you do not wish any fixation for a pencil/charcoal/pastell drawing, it is required that you come and pick up your completed artwork from Atelier SommerKunst yourself. We will not make any arrangements for shipping then. Oil paintings can be shipped without any restrictions.

(i) The price of the art work reflects the artist’s quality and the price level on the contemporary independent art market. It also includes costs for material, working hours, training & experience as well as other additional costs that the artist needs to spend on her work (e.g marketing).

(j) When you commission an original artwork, you are obliged to pay the full price eventually as soon as the artist starts working on it. Please note that according to German law (§ 312d (4) BGB) there’s no right of return for uniquely created commissions.

(k) You are required to make a deposit of 20% of the full price upon making your order. As soon as we receive your deposit, we start working on your commission.

(l) Photos of your WIP portrait or completed commission artwork may be used for marketing purposes. If you do not wish this, please let us know prior to placing your order.

2.3. Workshops

(a) Registration for a group workshop by signing the contract means binding commitment.You must pay the course fee in advance. If you need to cancel your participation later, you can only be reimbursed if there’s somebody else on the waiting list who can replace you. This option is only possbile during the early stages of the class. The workshop can only take place when the minimum number of participants is reached. More details are given in the detailed course description.

(b) Private lessons can be booked based on individual agreements (but also on the specific artist’s range of offers at a given time). Signing the contract is binding commitment. You are required to make an immediate deposit of 20% and pay the rest 7 days before the start of the lessons at the latest. In case of cancellation prior to the start, you will be reimbursed: 3 weeks prior > 80% of the total course fee, 1 week prior > 50%, until 2 days prior > 25%.When you have an urgent reason to cancel (e.g. illness), the instructor will try to make later arrangements for you instead if possible. More details are given in the detailed course description.

(c) The content of the workshop is based on the detailed course descriptions. If you have different expectations you must talk to the instructor prior to registration.

(d) You are obliged to bring the required course materials to class. In some cases the registration form offers to purchase the materials from the instructor instead.

(e) You are obliged to come regularly and on time to all lessons in order to reach the course objective.

(f) The instructor is obliged to fully carry out all details from the contract. A cancelled class (e.g. in case of illness) can be made up for at a later time if possible. It cannot be guaranteed, though, that all participants have time on the same additional class date.

(g) It is not allowed to use mobile phones during class.

(h) The instructor may take photos during class for the purpose of marketing reasons. These photos may be published (without any names of participants).

(i) A drawing or painting that you created (partly or fully) during class hours may generally not be offered for sale or submitted to a contest later without the instructor’s agreement.

2.4. Modelling for a portrait

(a) As a model you agree that the artist creates one or more artworks of you based on the following conditions.

(b) You confirm that no third party claims a copyright on the reference photo and that the copyright for the painting or drawing will exclusively be transferred to the artist.

(c) The artist decides alone on the time when and the technique with which the artwork is created.

(d) The artwork can be published without any restrictions.

(e) The artwork or any reproductions can be offered for sale without any restrictions.

(f) The artwork or any reproductions can be submitted for art competitions without any restrictions.

(g) The model’s first name and their country of origin may be published.

(h) The instructor does not guarantee the full completion of the artwork.

(i) The instructor will offer the model a photography of the completed artwork. The model can use this photo for all kinds of private reasons (always with mentioning the copyright of the artist), but under no circumstancs for any commercial purposes.

(j) If the model wishes to purchase the portrait, there might apply a preemptive right offer limited in time. Please inquire as early as possible! The exact time and circumstances of the sale will always be determined by the instructor.

(k) Models under the age of 18 need their legal guardians’s agreement before becoming a model. Apart from that, all other terms apply as listed above.

(l) If there’s no different written agreement, then the model will not be paid.

2.5. Registration for SommerKunstNewsletter

(a) You can register for the SommerKunstNewsletter, which is usually mailed on a monthly basis. It informs you on current and prospective projects of Atelier SommerKunst. Subscription is free of charge and does not include any form of commitment by the user.

(b) The newsletter also includes invitations to exhibitions, and sales offers for products by Atelier SommerKunst. Sometimes you may receive information on sales products by other vendors, e.g. when there’s an article about the artist in an art magazine.

(c) Every once in a while, registered newsletter readers receive special offers only for them. These offers cannot be transferred to not registered people.

2.6. Submission of guest article for SommerKunstBlog

(a) Unsolicited texts can generally not be considered. We kindly ask you to send a brief application and discuss the following terms.

(b) Please focus on only one main topic in your article. If you wish to write on more topics, you can apply more than once.

(c) Your article must be related to the world of art.

(d) Apart from that, you may choose your own topic, but I really like personal writing and the use of the word „I“.

(e) Your article should have 500-1000 words and be submitted as a WORD file.

(f) Please attach 3-8 photos (JPGs), plus a personal portrait photo of yourself (please ask if you wish to send less or more photos).

(g) You must indicate clearly which website address and personal data you wish to be published.

(h) I need your article at least 2 weeks before the prospective publishing date.

(i) You may promote your own artistic activity, but you should not send a professional advertising text. If you are not an artist but a service provider, the rules might be even stricter. Please talk to me in advance on what you whish to write about. This generally non-commercial blog is not intended to promote sales products, include price information, nor other rather impersonal marketing purposes. Possible exemptions may apply to non-profit organizations or charitable causes. Other exemptions can only be granted after prior agreement. The blog owner generally reserves the right to charge a fee in individual cases.

(j) Your article should include some general information, so it is interesting for an international audience.

(k) Please do not write about events taking place in this week only. Your article should still be worth reading next month.

(l) I will advertise your article on Facebook and XING as well as in my SommerKunstNewsletter (provided by www.sommerkunst.net).

(m) In general there are no costs for you: You don’t invest any money – only the time for writing. The blog owner generally reserves the right, however, to charge a fee in individual cases.

(n) Translation into German: please send your text in English – I will do the translation into German for you. If you do speak German, please feel free to submit your text in both languages.

(o) Publishing date: I usually process several inquiries and offers at the same time. Depending on current traffic in my inbox, your article can be published sooner or later. There is usually room for 1-2 guest articles per month. I strongly encourage you to fix an appointment with me in advance!

(p) With the submission of your article you agree with these terms & conditions.

(q) This offer does not imply any right of compensation if your article is not published. The blog owner deserves the right to edit, or to shorten your article, to change the prospective publishing date at short notice, or not publish your text at all. Neither can we absolutely guarantee a 100% correct translation of your text. If a service fee was paid, you will be reimbursed if your article is not published. In all other cases (editing or shortening of your article, wrong translations, different publishing date) the fee cannot be reimbursed.

2.7. Other services on request

(a) We offer a further range of diverse services (e.g. artist coaching, lectures, speeches, blog articles). Please send your inquiry to: mail[at]ateliersommerkunst[dot]de

(b) All services will be based on individual and written agreement of both parties prior to execution. The artist’s offers must be compatible with German law and with her legal status a freelance artist.

3. privacy policy

All offers and services are based on our Privacy Policy.

4. Final clauses

4.1. It is agreed that German national law shall apply exclusively to all contracts and disputes and that UN Commercial Law shall be excluded. The exclusive jurisdiction for all disputes arising or in connection with this agreement shall be Köln. However, we shall also be entitled to take action at the general legal venue of the buyer.

4.2. Should one or several provisions in these Terms & Conditions wholly or partly become invalid, the validity of the remaining provisions shall not thereby be affected. The ineffective appointment is replaced by the contract parties through an effective, which comes nearest to the whole purpose of ineffective appointments. This regulation is also valid in the case of insufficient regulations.

(last updated: 22  June 2018)