Terms and Conditions
TERMS AND CONDITIONS
Date: 11th November 2025
1. Definitions and Interpretation
1.1 In these Terms and Conditions (“Terms”), unless the context otherwise requires:
(a) “Seller”, “we”, “us”, or “our” means Felix Pordzik, trading as www.felixpordzik.art, established in Germany.
(b) “Customer”, “you”, or “your” means any natural or legal person purchasing Products from the Seller via the Website.
(c) “Products” means original artworks, prints, or any physical art items made available for sale by the Seller.
(d) “Website” means the online store accessible at www.felixpordzik.art.
(e) “Contract” means the legally binding agreement formed between the Seller and the Customer in accordance with these Terms.
1.2 Headings are for convenience only and shall not affect interpretation.
1.3 References to “writing” or “written” include electronic communication.
1.4 Singular includes plural and vice versa.
2. Company Information
2.1 The Seller operates under the business name Felix Pordzik, registered and based in Germany.
2.2 Contact details are as follows:
Website: www.felixpordzik.art
2.3 The Seller creates, markets, and sells original physical artworks and related artistic products globally through the Website.
2.4 The governing jurisdiction for all legal matters is the Federal Republic of Germany, subject to mandatory EU consumer protections where applicable.
3. Scope and Application
3.1 These Terms govern all sales, deliveries, and related transactions made through the Website.
3.2 By placing an order, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
3.3 Any other terms, conditions, or representations not expressly approved in writing by the Seller are excluded.
3.4 These Terms apply to global customers, subject to compliance with applicable laws in their respective countries.
3.5 In case of conflict between translations, the English version shall prevail.
4. Eligibility to Purchase
4.1 To place an order through the Website, you must:
(a) be at least 18 years of age or the age of legal capacity in your jurisdiction;
(b) provide accurate and complete personal and payment information; and
(c) have the legal right to use the payment method used to complete the purchase.
4.2 The Seller reserves the right to refuse any order that appears fraudulent, incomplete, or in breach of these Terms.
4.3 Customers purchasing on behalf of a company confirm that they are duly authorized to bind that entity.
5. Formation of Contract
5.1 Product listings on the Website constitute an invitation to treat, not a binding offer.
5.2 Your order constitutes an offer to purchase Products under these Terms.
5.3 The Contract is formed only when you receive an order confirmation email from the Seller stating acceptance of your order.
5.4 The Seller reserves the right to refuse or cancel orders prior to confirmation, including where Products are unavailable, pricing errors occur, or payment authorization fails.
5.5 Once accepted, the Contract is binding under German law and governed by these Terms.
6. Product Information and Artistic Variations
6.1 The Seller takes all reasonable care to ensure that the Products are described accurately on the Website; however, all artworks are handmade and unique, and may vary slightly from photographs.
6.2 You acknowledge and accept that:
(a) colors may differ slightly from screen representations due to digital display variations;
(b) each piece may contain unique textures or finishes inherent to the artistic process; and
(c) minor variations shall not constitute defects or grounds for return.
6.3 Dimensions and weights stated on the Website are approximate and intended as guidance.
6.4 The Seller reserves the right to modify or withdraw Products at any time without prior notice.
7. Intellectual Property Rights
7.1 The Seller, Felix Pordzik, retains full copyright, moral rights, and all intellectual property rights in every artwork created and sold through the Website.
7.2 The sale of an artwork transfers ownership of the physical object only. No rights of reproduction, publication, or commercial exploitation of the artwork are transferred to the Customer.
7.3 Customers are not permitted to copy, reproduce, distribute, or publicly display the artwork or any images of it for commercial purposes without the Seller’s prior written consent.
7.4 Any breach of this clause may result in immediate legal action under applicable copyright laws.
7.5 The Seller reserves all rights not expressly granted herein.
8. Use and Display of Artwork
8.1 The Customer acquires only the right to possess and privately display the purchased artwork.
8.2 The artwork may not be resold, exhibited, or used for promotional, commercial, or public display purposes without the Seller’s prior written consent.
8.3 Any exhibition, publication, or reproduction of the artwork, whether online or offline, must include proper attribution to Felix Pordzik as the artist.
8.4 The Seller reserves the right to use and reproduce images of all artworks sold for promotional, archival, and portfolio purposes.
8.5 Violation of this clause constitutes an infringement of the Seller’s intellectual property rights and may result in legal proceedings.
9. Prices and Taxes
9.1 All prices displayed on the Website are shown in euros (€), unless otherwise stated.
9.2 Prices are subject to change without notice, but such changes will not affect confirmed orders.
9.3 Where applicable, German VAT will be included in the price in accordance with current tax regulations.
9.4 For deliveries outside the European Union, the Customer is responsible for any import duties, taxes, or customs charges imposed by the destination country.
9.5 The Seller shall not be liable for any additional costs or delays caused by customs clearance procedures.
10. Payment Terms
10.1 Payment for Products must be made in full at the time of ordering.
10.2 Accepted payment methods are those listed on the Website, which may include credit/debit card, PayPal, or other secure third-party processors.
10.3 The Seller will not dispatch any Product until full payment has been received and verified.
10.4 All payment transactions are handled securely by external payment providers. The Seller does not store or process Customers’ payment card details directly.
10.5 In case of payment failure, the Seller may cancel the order without notice and without incurring liability.
11. Shipping and Delivery
11.1 The Seller ships Products worldwide, subject to any geographical restrictions shown on the Website.
11.2 Delivery costs are paid by the Customer and calculated at checkout based on destination and product dimensions.
11.3 Estimated delivery times are provided for guidance only and are not guaranteed.
11.4 The Seller shall not be liable for delays caused by postal or courier services, customs inspections, or other circumstances beyond reasonable control.
11.5 The Customer is responsible for providing accurate delivery information. The Seller is not responsible for loss or delay resulting from incorrect addresses.
11.6 Upon dispatch, the Customer will receive confirmation including tracking information (where applicable).
11.7 Deliveries may require a signature upon receipt.
12. Risk and Title Transfer
12.1 Risk of loss or damage to the Products passes to the Customer upon delivery to the address specified in the order.
12.2 Ownership (title) of the physical artwork passes to the Customer only once the Seller has received full payment in cleared funds.
12.3 Until full payment is received, the Seller retains legal title to all Products supplied.
12.4 If delivery is refused or not collected, risk transfers upon attempted delivery, and any return costs shall be borne by the Customer.
13. Cancellation Policy (EU Compliance)
13.1 Customers within the European Union have a statutory right to cancel a purchase within fourteen (14) days of receiving the Product, without giving any reason.
13.2 To exercise this right, the Customer must notify the Seller in writing via email at Felixpordzik.art@gmail.com before the expiry of the 14-day period.
13.3 Products must be returned in their original condition and packaging within fourteen (14) days of cancellation notice.
13.4 The Customer bears the direct cost of returning the Product.
13.5 Refunds will be made within fourteen (14) days of receipt of the returned goods, using the same payment method used for the original purchase.
13.6 The right of cancellation does not apply to:
(a) commissioned or custom-made artworks; or
(b) digital files or services once performance has begun with the Customer’s consent.
13.7 The withdrawal information and sample form can be accessed via the following link: https://felixpordzik.art/en/right-of-withdrawal
14. Returns and Refunds
14.1 Returns are accepted only in accordance with Clause 13.
14.2 Returned artworks must be securely packaged to prevent damage during transit. The Customer remains responsible for the Product until it reaches the Seller.
14.3 If an artwork arrives damaged due to courier mishandling, the Customer must notify the Seller within 48 hours of delivery, providing photographs of the damage.
14.4 Refunds for damaged or defective items will be issued once the Seller verifies the claim and receives the returned item.
14.5 Refunds will not be issued for color discrepancies or natural artistic variations described under Clause 6.
14.6 The Seller reserves the right to deduct reasonable costs for loss in value resulting from unnecessary handling by the Customer.
15. Custom and Commissioned Works
15.1 Custom or commissioned artworks are created based on specifications agreed in writing between the Seller and the Customer.
15.2 A non-refundable deposit of at least fifty percent (50%) of the total price is required before work begins.
15.3 Once a commission has commenced, the Customer may not cancel or alter the order without the Seller’s written consent.
15.4 The Seller retains full artistic discretion in interpretation, composition, and creative method.
15.5 Delivery timelines for commissioned works are estimates and subject to adjustment based on the creative process.
15.6 The final artwork will remain the intellectual property of the Seller in accordance with Clause 7.
15.7 The Seller may reproduce or exhibit commissioned artworks for portfolio, exhibition, or promotional purposes, unless expressly agreed otherwise in writing.
16. Limitation of Liability
16.1 The Seller shall not be liable for:
(a) minor color or texture variations between the delivered artwork and its online representation;
(b) indirect, incidental, or consequential losses (including loss of profit, goodwill, or opportunity);
(c) delays or non-performance caused by events beyond the Seller’s reasonable control.
16.2 The Seller’s total liability for any claim arising under or in connection with a Contract shall not exceed the total price paid by the Customer for the specific Product giving rise to the claim.
16.3 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
16.4 The Customer acknowledges that the artworks are handmade and inherently variable, and that such characteristics do not constitute defects.
17. Force Majeure
17.1 The Seller shall not be liable for any delay or failure to perform obligations under these Terms where such delay or failure results from circumstances beyond reasonable control, including but not limited to:
natural disasters, war, strikes, supply chain disruptions, transport delays, fire, or governmental restrictions.
17.2 During any such period, the Seller’s obligations shall be suspended for the duration of the event.
17.3 If a Force Majeure event continues for more than sixty (60) days, either party may terminate the affected Contract without penalty.
18. Accuracy of Information
18.1 The Seller makes every effort to ensure that all information, pricing, and descriptions on the Website are accurate.
18.2 In the event of a pricing or typographical error, the Seller reserves the right to correct the information and, where necessary, cancel or adjust the affected order prior to dispatch.
18.3 The Seller is not responsible for errors arising from third-party data, system malfunctions, or unauthorized website changes.
18.4 The Website and all materials are provided “as is,” without any warranty that content is error-free or uninterrupted.
19. Website Access and Use
19.1 The Website and all content thereon are protected by copyright, trademark, and other intellectual property laws.
19.2 Customers may access and use the Website solely for lawful personal purposes related to purchasing artworks.
19.3 You may not:
(a) copy, distribute, or modify any part of the Website without prior written consent;
(b) use the Website to transmit viruses, spam, or malicious content;
(c) engage in scraping, data mining, or automated collection of Website data.
19.4 The Seller reserves the right to restrict or suspend access to the Website for security, maintenance, or breach of these Terms.
19.5 Unauthorized use of the Website may result in civil or criminal liability under applicable law.
20. Privacy and Data Protection
20.1 The Seller processes personal data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).
20.2 The Seller collects and uses personal information solely for the purposes of fulfilling orders, providing customer service, and complying with legal obligations.
20.3 Details regarding the collection, use, and storage of personal data are set out in the Privacy Policy, accessible on the Website via following link: https://felixpordzik.art/en/privacy-policy
20.4 By placing an order, you consent to the processing of your personal data in accordance with that Privacy Policy.
20.5 The Seller does not sell or share Customer data with third parties except where necessary to process payments or deliver Products.
20.6 Customers may request access, correction, or deletion of their personal data at any time by contacting the Seller via email.
21. Third-Party Links and Services
21.1 The Website may contain links to third-party websites or services (including payment gateways and couriers) that are not operated by the Seller.
21.2 The Seller has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party sites or services.
21.3 Accessing such links is at the Customer’s own risk.
21.4 The inclusion of third-party links does not imply endorsement or association with those entities.
22. Governing Law and Jurisdiction
22.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflict of law principles.
22.2 The courts of Germany shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the sale of Products, except where mandatory consumer protection rules grant the Customer the right to bring proceedings in their own country of residence within the European Union.
22.3 If any provision of these Terms is found invalid or unenforceable by a competent court, such provision shall be deemed deleted without affecting the remaining Terms.
23. Dispute Resolution
23.1 The Seller aims to resolve all issues amicably and encourages Customers to contact Felixpordzik.art@gmail.com in the first instance to seek informal resolution.
23.2 In accordance with EU Regulation No. 524/2013, Customers within the EU may access the Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
23.3 Participation in alternative dispute resolution is voluntary unless otherwise required by law.
23.4 The Seller is not obligated to participate in any formal consumer arbitration procedure but may do so at its discretion.
24. Amendments to Terms
24.1 The Seller reserves the right to modify, update, or replace these Terms at any time to reflect changes in law, business operations, or Website functionality.
24.2 Updated versions will be posted on the Website with the effective date clearly indicated at the top of the page.
24.3 Customers are responsible for reviewing the Terms regularly. Continued use of the Website after updates constitute acceptance of the revised Terms.
24.4 No variation or amendment of these Terms shall be binding unless made in writing and published by the Seller.
25. Contact Information and Legal Notice
25.1 For all inquiries, complaints, or requests under these Terms, please contact:
Name: Felix Pordzik
Website: www.felixpordzik.art
Email: Felixpordzik.art@gmail.com
25.2 Notices shall be deemed received:
(a) when delivered by hand, at the time of delivery;
(b) when sent by email, at the time of transmission (if during normal business hours);
(c) when sent by registered post, three (3) business days after posting within Germany, or ten (10) business days for international delivery.
25.3 These Terms constitute the entire agreement between the Seller and the Customer and supersede any prior understandings, representations, or agreements relating to their subject matter.
25.4 The failure of the Seller to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision
25.6 In the event of any discrepancy or inconsistency between the English version of these Terms and any translated version (including German), the English version shall prevail and be deemed the legally binding version. Translations are provided solely for convenience and informational purposes.
