Terms & Conditions

These Terms & Conditions (“Terms”) govern the use of atlantaweiss.art and purchases made from Atlanta Weiss Studio, including through the online shop at collection.atlantaweiss.art.
The provider is:

Atlanta Weiss, trading as Atlanta Weiss / Atlanta Weiss Studio

Address for legal documents / Ladungsfähige Adresse:
Atlanta Weiss
c/o Postflex PFX-174-085
Emsdettener Str. 10
48268 Greven
GERMANY

Correspondence address / Postanschrift:
Atlanta Weiss
Postfach 72 02 02
50757 Cologne
GERMANY

E-Mail: studio@atlantaweiss.art

These Terms apply together with the information shown on the relevant artwork, product, checkout or service page.

Where a separate written proposal, commission agreement or licence has been agreed for a particular transaction, that specific agreement takes precedence to the extent that it differs from these general Terms.

1. Consumers and Business Customers

A consumer is a natural person who enters into a transaction predominantly for purposes outside their trade, business or profession. A business customer is a natural or legal person or partnership acting in the course of its commercial or independent professional activity. Certain provisions or statutory rights may differ depending on whether you purchase as a consumer or as a business customer.

2. Website Information

The Atlanta Weiss Studio website presents: artworks and editions; artistic series; portrait commissions; editorial and Journal content; Newsletter/Studio Notes; Portrait Letter Club information; collector resources; other studio services and projects.

Information presented on the website is intended to describe the work as accurately as reasonably possible. Editorial material concerning collecting, value, wellbeing, perception or similar topics is subject to our separate Legal Disclaimer.

3. Artwork and Product Descriptions

We take reasonable care to describe artworks accurately. Product information may include, depending on the work: title; artist; year; series; medium; dimensions; edition information; material and construction; framing or mounting; signature; certificate of authenticity; production time; delivery information.

The description shown for the particular artwork at the time of purchase forms part of the contractual specification.

4. Images and Colour Representation

We make reasonable efforts to represent artworks accurately online. However, colours, contrast, scale and surface appearance can vary depending on: screen; device; display settings; ambient light; photographic reproduction.

Minor visual differences between an on-screen representation and the physical artwork do not necessarily constitute a defect where they arise from the nature of digital display or the materials used.
This does not affect your statutory rights where the artwork does not conform to the contract.

5. Formation of the Contract

The presentation of an artwork or product in the online shop does not by itself constitute a binding offer unless expressly stated otherwise. By clicking the final order button and completing checkout, you submit a binding offer to purchase the selected item. The contract is concluded when we accept your order, normally by:
sending an order confirmation; confirming payment; beginning fulfilment; or otherwise expressly accepting the order.

We may decline or cancel an order for legitimate reasons including: obvious pricing or technical errors;
inability to fulfil the item; suspected fraudulent activity; incorrect availability information.

If we cancel an order after receiving payment and no equivalent solution is agreed, the relevant amount will be refunded.

6. Prices

The price applicable to your order is the price shown at checkout when you place the order. Prices, VAT treatment and other taxes are displayed according to the applicable setup and legal requirements.

Shipping charges and other costs known before purchase will be displayed before the order is completed.
For deliveries outside the European Union, customs duties, import VAT or other local charges may arise.
Unless expressly stated otherwise at checkout, such import charges are not included in the purchase price and are the responsibility of the recipient.

We may change prices for future purchases at any time. A later change does not affect an already concluded contract.

7. Payment

Available payment methods are shown during checkout. Payments may be processed through Shopify and the payment providers made available through Shopify. We do not normally receive or store complete payment-card details ourselves. Your payment provider may apply its own terms and privacy conditions.

8. Limited Editions

Where an artwork is sold as a limited edition, the relevant product description specifies the edition structure applicable to that work. Depending on the artwork, editions may vary according to: size; material; presentation;
format.

The applicable edition information forms part of the description of the purchased artwork. Where a particular edition number is specifically promised, that number will be supplied.

Where no particular number is promised, the purchaser acquires one work from the stated edition but not a right to select a particular edition number.

9. Certificate of Authenticity

Where stated in the product description, the artwork is accompanied by a Certificate of Authenticity or equivalent studio documentation. The certificate forms part of the provenance record of the artwork and should be retained carefully.

Loss of a certificate does not automatically entitle the purchaser to a replacement. Replacement or verification may require additional evidence and administrative costs.

10. Production and WhiteWall Fulfilment

Selected photographic works, prints and editions are produced and/or fulfilled through WhiteWall Media GmbH.
Where this applies, your order information is transmitted automatically from our Shopify fulfilment process to WhiteWall to enable production and delivery, as explained in our Privacy Policy.

Production is carried out according to the specifications stated for the purchased artwork. An artwork may therefore be produced after your order has been placed rather than held as physical inventory.

11. Production and Delivery Times

Estimated production and delivery times are shown where possible on the relevant product page or during checkout. Production times can vary according to: material; size; framing or mounting; destination; production capacity; shipping provider.

Where a specific delivery date has not been contractually agreed, statutory rules remain applicable. For consumer goods, German law provides that where no time for performance has been determined or can be inferred from the circumstances, delivery must generally occur no later than 30 days after conclusion of the contract.

If an artwork has a longer disclosed production period, the stated agreed period applies.

12. Shipping

Artwork is shipped to the delivery address supplied during checkout. You are responsible for ensuring that:
your name; address; postal code; country; delivery contact information are correct. Additional costs caused by an incorrect address supplied by the purchaser may be charged where legally permissible.

Large or high-value artworks may require specialist delivery or an appointment.

13. Transfer of Risk

For purchases by consumers, the risk of accidental loss or damage during shipment generally remains with the seller until the consumer or a person designated by the consumer receives the goods, subject to the statutory exceptions concerning a carrier independently selected by the consumer.

Different statutory rules may apply to business customers.

14. Transport Damage

Please inspect the package and artwork as soon as reasonably possible after delivery. If there is visible transport damage, we recommend that you: photograph the external packaging before opening where possible;
photograph the damage; retain the packaging; contact us promptly at studio@atlantaweiss.art.

Prompt reporting helps us deal with the carrier or production partner efficiently. For consumers, failure to report transport damage immediately does not remove statutory rights relating to defects.

15. Statutory Right of Withdrawal

Consumers purchasing remotely may have a statutory right to withdraw from the contract. Under German law, the general withdrawal period is 14 days. Detailed information concerning: the right of withdrawal; when the period begins; how to exercise it; the consequences of withdrawal; return costs; the model withdrawal form is provided separately in our Withdrawal Policy / Widerrufsbelehrung.

Statutory consumer rights are not restricted by these Terms.

16. Exceptions to the Right of Withdrawal

The statutory right of withdrawal may not apply to certain contracts. In particular, German law excludes the right of withdrawal for goods that are not prefabricated and are manufactured according to an individual selection or specification of the consumer, or are clearly personalised to the consumer's personal needs.

This may apply, for example, to genuinely bespoke or personalised artwork made specifically according to a client's individual requirements. The applicability of an exception depends on the actual product and contract.

17. Returns Following a Statutory Withdrawal

Where a valid statutory withdrawal right applies, returns are handled in accordance with the applicable legal withdrawal provisions. Unless we have agreed to bear the return costs, consumers may be responsible for the direct cost of returning the goods if they were properly informed of this before purchase. German law expressly provides for this possibility.

Because artworks may be fragile, oversized or valuable, they must be returned with appropriate care and packaging. The specific return instructions and address are provided in the Withdrawal Policy or following a withdrawal request.

18. Voluntary Returns

Unless the individual artwork or sales page states otherwise, Atlanta Weiss Studio does not provide an additional voluntary return or exchange period beyond statutory consumer rights. This does not affect:
statutory withdrawal rights; rights relating to defective goods; any expressly agreed return arrangement.

19. Defects and Statutory Warranty Rights

Your statutory rights concerning defective goods remain unaffected. Under German law, a product is defective where it does not meet the agreed contractual requirements or other applicable statutory requirements. Depending on the legal requirements, remedies may include: repair or replacement; price reduction; withdrawal from the contract; damages.

The statutory framework for purchaser remedies is set out in §§ 437 ff. BGB.
Nothing in these Terms excludes mandatory statutory warranty rights.

20. Handmade and Material Characteristics

Artworks and fine-art production materials can exhibit characteristics inherent to their production. Depending on the work, minor differences may occur in: paper; surface; texture; edge treatment; mounting; framing; material appearance.

Such inherent characteristics do not constitute defects where they fall within the agreed nature and reasonable characteristics of the artwork.

21. Care and Installation

The purchaser is responsible for caring for the artwork appropriately after delivery and installation. Where care or installation instructions are supplied, they should be followed.

Depending on the work, damage can result from: excessive direct sunlight; moisture; extreme heat; unsuitable cleaning products; improper mounting; inappropriate handling.

Where Atlanta Weiss Studio arranges installation as part of a specific service or commission, the terms of that arrangement will be stated separately.

22. Copyright and Ownership of the Artwork

Purchasing an artwork transfers ownership of the physical artwork to the purchaser once the relevant contractual requirements are satisfied. It does not transfer copyright or other intellectual-property rights unless expressly agreed in writing.

Copyright in the artwork remains with the artist to the extent provided by law.

Without permission, the purchaser may not commercially: reproduce the artwork; create prints or reproductions; license the image; use the artwork as branding; manufacture derivative commercial products; mint or exploit digital reproductions as NFTs or similar commercial assets; authorise third-party commercial reproduction.

Statutory exceptions and legally permitted private uses remain unaffected.

23. Sharing Images of an Owned Artwork

Collectors may of course photograph artwork installed in their home for ordinary personal use.
Where an image is intended for: commercial publication; advertising; brand campaigns; merchandising; commercial editorial use; licensing please contact studio@atlantaweiss.art in advance so that copyright and image licensing can be clarified.

24. Resale and Provenance

Collectors are encouraged to retain: invoices; Certificates of Authenticity; edition information; provenance documentation. If a work is later resold, accurate provenance information helps protect both the collector and the integrity of the artist's market.

Any statutory artist resale rights or other non-waivable rights remain unaffected.

25. Portrait and Bespoke Art Commissions

The information on the Portrait Experience, Portrait Photography and Portrait Drawing pages describes the general studio approach. Submitting an enquiry does not itself create a commission contract.

Private portrait commissions are accepted selectively. If we agree to proceed, the commission may be governed by: a private proposal; a commission agreement; agreed specifications; payment schedule; privacy/publication terms; travel and installation arrangements.

Where a separate commission agreement exists, that agreement takes precedence over these general Terms in relation to the commission.

26. Commission Pricing

Prices such as:
The Essential Experience — from €8,000;
The Studio Experience — from €16,000;
The Legacy Experience — from €28,000
describe the current starting investment for the relevant commission type.

The final scope and price of an individual commission are confirmed in the private proposal before the commission begins. Potential additional costs, where relevant, may include separately agreed:
exceptional travel; specialist framing; international shipping; customs; specialist insurance; unusually complex installation; venue or third-party production costs.

No additional discretionary cost will be added to a commission without agreement.

27. Portrait Privacy and Publication

A private portrait commission does not automatically grant Atlanta Weiss Studio permission to publish:
the portrait; reference photographs; the client's name; the sitter's identity; home or location information; personal stories; behind-the-scenes material; the existence of the commission.

Any public use requiring the client's consent will be agreed separately. Some collectors welcome exhibition, publication or press visibility. Others prefer complete privacy. Both are equally welcome.

28. Client-Supplied Reference Material

Where a client supplies photographs or other material for a commission, the client confirms that they are entitled to provide the material for the intended purpose. The material may be used internally to the extent necessary to:
evaluate the enquiry; develop the artwork; perform the commission; communicate about the work.
Providing reference material does not, by itself, grant Atlanta Weiss Studio a general right to publish or commercially exploit it.

29. Reviews and Testimonials

If a collector voluntarily provides a review or testimonial, we will only publish it where we have an appropriate basis to do so. A private email, portrait inquiry or customer message is not automatically a testimonial and will not be treated as permission to publish personal information. Where appropriate, a testimonial may be published anonymously or using an agreed description such as: Private Collector or Portrait Commission Client.

30. Cancellation or Refusal by Atlanta Weiss Studio

We may refuse or cancel an order before fulfilment where there is a legitimate reason, including: technical error;
artwork no longer being available; duplicate sale; payment failure; suspected fraud; production becoming impossible.

If an order is cancelled by us and cannot be fulfilled, amounts paid for the cancelled item will be refunded.
For bespoke commissions already in progress, cancellation is governed by the individual commission agreement and applicable law.

31. Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law. In particular, liability remains unlimited where required by law for: intent; gross negligence; injury to life, body or health; liability under mandatory product-liability law; other liability that cannot lawfully be limited.

For ordinary negligence involving breach of an essential contractual obligation, liability may, to the extent permitted by law, be limited to damage that was reasonably foreseeable and typical for the contract.

Mandatory consumer rights remain unaffected.

32. Events Outside Our Reasonable Control

We are not responsible for delays caused by exceptional circumstances outside our reasonable control, such as:
natural disasters; widespread transport interruption; major infrastructure failure; governmental restrictions; serious production-provider disruption. We will nevertheless take reasonable steps to communicate significant delays and fulfil our statutory obligations. Mandatory rights relating to delayed or impossible performance remain unaffected.

33. External Websites

Our website may contain links to third-party websites. Third-party websites operate independently and are responsible for their own: content; services; privacy practices; terms.

The presence of a link does not in itself mean that Atlanta Weiss Studio adopts all third-party content as its own.
Our separate Legal Disclaimer contains further information concerning editorial and external content.

34. Data Protection

Personal data is processed in accordance with: Privacy Policy and Datenschutzerklärung available through the website footer.

Purchasing an artwork or submitting an enquiry does not automatically subscribe you to Newsletter or other marketing communication.

35. Consumer Dispute Resolution

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board. The former EU Online Dispute Resolution platform should not appear anywhere on the new Terms page. It was permanently discontinued on 20 July 2025.

As a small business with ten or fewer employees at the end of the preceding year, the general information requirement in § 36(1)(1) VSBG has an exemption, but keeping the short statement above provides clarity.

If an actual consumer dispute later remains unresolved, § 37 VSBG contains a separate post-dispute information obligation, so that should be handled if such a situation arises.

36. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany. If you are a consumer habitually resident in another country, this choice of law does not deprive you of mandatory consumer protection that would otherwise apply to you. For consumers, the statutory rules concerning jurisdiction apply.

Where the customer is a merchant, legal entity under public law or special fund under public law, a permissible place-of-jurisdiction agreement may be made in accordance with applicable law.

37. Amendments to These Terms

We may update these Terms for future transactions where our: services; products; providers; technology; legal requirements change.

The Terms applicable to an already concluded purchase are generally those presented when the relevant contract was concluded, unless a lawful amendment mechanism or mandatory rule provides otherwise.
The latest revision date is shown at the top of this page.

38. Severability

If an individual provision of these Terms is wholly or partly invalid or unenforceable, the remaining provisions remain unaffected to the extent legally possible. Mandatory statutory provisions apply in place of any ineffective clause.

29. Contact

For questions concerning privacy or your personal data:
Atlanta Weiss trading as Atlanta Weiss / Atlanta Weiss Studio

Address for legal documents / Ladungsfähige Adresse:
Atlanta Weiss
c/o Postflex PFX-174-085
Emsdettener Str. 10
48268 Greven
GERMANY

Correspondence address / Postanschrift:
Atlanta Weiss
Postfach 72 02 02
50757 Cologne
GERMANY


Email: studio@atlantaweiss.art

Website: https://atlantaweiss.art