TERMS AND CONDITIONS

1. General

These Terms and Conditions apply to purchases made through ayamicastro.com.

The seller is:

Michelle Castro Dinis
Hohenzollernstraße 111
45888 Gelsenkirchen
Germany

Email: ayamichellecastro@gmail.com
Phone: +49 151 53958251

The shop offers original artworks, art prints and the subscription service “The Atelier Notes”. Commissioned artworks may be accepted on a very limited, individually agreed basis.

These Terms and Conditions apply to consumers and businesses. Mandatory statutory rights remain unaffected.

2. Products

2.1 Original Artworks

The original artworks offered in the shop are individually created works of art.

Minor variations in colour, texture, surface and other artistic characteristics may occur as a natural part of the handmade artistic process.

2.2 Limited Edition Prints

Limited edition prints may be hand-signed and hand-embellished.

Because hand embellishment is performed individually, minor variations between individual prints may occur. Such minor artistic variations are part of the nature of the work.

The edition size and relevant product details are stated in the respective product description.

2.3 Unlimited Prints

Unlimited prints may be produced after the customer places an order. They are signed by Michelle Castro Dinis before dispatch.

3. Commissioned Artworks

Commissioned artworks are accepted only on a very limited basis.

The details of each commission are agreed individually by email or other agreed means, including the subject, design, dimensions, price, deposit, payment schedule and delivery arrangements.

Initial designs may be provided for customer approval before the final artwork is created.

The remaining balance must be paid in full before the completed artwork is dispatched.

Where an artwork is individually produced according to the customer’s specifications and the statutory requirements for the exclusion of the right of withdrawal are met, the statutory right of withdrawal does not apply.

4. Contract Formation

The presentation of products in the online shop does not constitute a legally binding offer.

By submitting an order through the Shopify checkout, the customer makes a binding offer to purchase the selected products.

Before submitting the order, the customer can review and correct the order details.

The purchase contract is concluded when the order is accepted by Michelle Castro Dinis, including through an order confirmation or dispatch of the goods.

For individually agreed commissions, the contract is concluded when the parties have agreed on the relevant terms.

5. Prices and Payment

The price applicable to a product is displayed on the respective product page and/or during checkout.

Available payment methods may include PayPal, credit card, Klarna and Apple Pay.

The payment methods available for an individual order are displayed during checkout.

For individually agreed instalment arrangements, the payment terms agreed between the parties apply.

An artwork purchased through an instalment arrangement will only be dispatched after the full purchase price has been received.

6. Delivery

Worldwide shipping is available.

Original artworks are generally dispatched within approximately 2–3 weeks after the order.

Prints are generally dispatched within approximately 3 working days after the order.

Different delivery periods may apply where stated in the respective product description.

Shipping costs for original artworks are included in the purchase price.

Shipping costs for prints are calculated separately during checkout.

The shipping costs for The Atelier Notes are included in its subscription price.

Customs duties, import taxes and other destination-country charges for prints and The Atelier Notes are borne by the customer.

7. The Atelier Notes

The Atelier Notes is a physical subscription service.

The regular price is €15 per month.

The subscription includes a fine-art print measuring approximately 10.5 × 14.8 cm, a personal letter and changing additional items or goodies.

The contents may vary from month to month.

The subscription may be offered without a minimum term or with a minimum term of three or six months.

For a three-month subscription, the minimum term is three months.

For a six-month subscription, the minimum term is six months.

Depending on the option selected by the customer, a three- or six-month subscription may be paid in full in advance or at €15 per month over the agreed minimum term.

A subscription without a minimum term may be cancelled at any time.

A subscription with a minimum term may be cancelled after the applicable minimum term.

The statutory right of withdrawal remains unaffected.

8. Statutory Withdrawal Rights

Consumers generally have a statutory right of withdrawal for distance contracts.

The withdrawal period is generally 14 days.

The statutory exceptions to the right of withdrawal apply where their legal requirements are met.

In particular, the right of withdrawal may not apply to goods that are not prefabricated and are made according to an individual choice or decision by the consumer or are clearly tailored to the consumer’s personal requirements.

The separate Withdrawal and Returns Policy provides further information.

9. Statutory Defect Rights

The statutory rights concerning defective goods apply.

If a product is defective or damaged, the customer should contact Michelle Castro Dinis at ayamichellecastro@gmail.com.

The customer’s statutory rights to remedies for defects remain unaffected.

10. Transfer of Ownership

Ownership of a purchased physical product transfers to the customer once the purchase price has been paid in full.

For purchases made through an individually agreed instalment arrangement, the artwork will only be dispatched after full payment has been received.

11. Copyright and Intellectual Property

The purchase of a physical artwork or print does not transfer copyright or other intellectual property rights in the artwork to the customer.

All copyright and other intellectual property rights remain with Michelle Castro Dinis unless expressly agreed otherwise in writing.

The customer may display the purchased artwork or print for private purposes.

The customer may photograph and share their purchased artwork on personal social media for private, non-commercial purposes, including to show that they purchased the artwork.

The customer may not reproduce, scan or photograph the artwork for the purpose of creating reproductions, create their own prints or copies, manufacture products based on the artwork, sell reproductions, use the artwork to promote their own commercial products or services, or otherwise commercially exploit the artwork without prior written permission.

12. Liability

Mandatory statutory liability remains unaffected.

Michelle Castro Dinis is liable without limitation where liability cannot legally be excluded or limited, including in cases of intentional conduct, gross negligence and injury to life, body or health caused by a breach of duty.

13. Data Protection

Personal data is processed in accordance with the applicable data protection laws and the Privacy Policy available on ayamicastro.com.

14. Applicable Law

German law applies, subject to mandatory consumer protection provisions that apply in the country in which a consumer has their habitual residence.

For consumers, the applicable statutory jurisdiction rules apply.

For business customers, the statutory jurisdiction rules apply unless another jurisdiction has been validly agreed.

15. Severability

If any provision of these Terms and Conditions is invalid or unenforceable, the validity of the remaining provisions remains unaffected.

The applicable statutory provision shall apply in place of an invalid or unenforceable provision where legally permissible.