Terms and Conditions (AGB)

Effective date: 05.06.2026

  1. Scope

These Terms and Conditions apply to all orders placed through the website, social media channels, direct messages, email, or any other ordering method offered by MsMeowArt (“Seller”, “we”, “us”). By placing an order, the customer (“Client”, “you”) agrees to these Terms and Conditions.

These Terms apply to both consumers and business customers, unless a provision explicitly states otherwise.

  1. Provider Information

MsMeowArt – Heidi Kühne
c/o Online-Impressum #8795
Europaring 90
53757 Sankt Augustin
Germany

Email: msmeowart@biszummond.com
Phone: +49 151 51833132

  1. Subject Matter of the Contract

We create and sell custom-made and/or digital artwork commissions, illustrations, design work, and related creative services and products as offered on our website or by direct agreement with the Client.

The exact scope of each commission is defined by the individual agreement, the selected package, the reference images, the Client’s written instructions, and any additional written confirmation exchanged before production begins.

  1. Contract Formation

A contract is formed once we confirm the order in writing, receive the agreed deposit or full payment, or otherwise clearly accept the commission.

We reserve the right to refuse commissions, especially if:

  • the requested content is illegal, hateful, discriminatory, explicit beyond our policy, abusive, or infringing third-party rights;
  • the request is outside our artistic style or technical capacity;
  • the Client has previously breached these Terms.
  1. Prices and Payment

All prices are stated in euros unless otherwise specified.

Unless otherwise agreed, payment must be made in full or, where offered, by deposit and final balance according to the payment terms communicated before the start of work.

Accepted payment methods may include bank transfer, PayPal, card payment, or other methods shown at checkout or agreed individually.

Production will begin only after payment has been received, unless we explicitly agree otherwise in writing.

  1. Commission Process

The Client must provide all necessary information, references, measurements, text, and instructions in a timely and complete manner.

The Client is responsible for ensuring that all submitted references, logos, names, character designs, and other materials do not infringe the rights of third parties.

We may ask for clarification before or during production. Delays caused by missing or unclear information are not our responsibility.

  1. Revisions and Approval

The number of revisions included in the price, if any, will be stated in the commission description or individual agreement.

Additional revisions, major changes after approval, or changes requested after work has progressed may be charged separately.

Once the Client approves a sketch, draft, or final version, further changes are only possible if we agree to them in writing.

  1. Delivery and Completion

Digital artwork will usually be delivered by email, download link, or another agreed electronic method.

Physical products, if offered, will be shipped to the delivery address provided by the Client.

Any delivery dates are estimates unless we explicitly confirm a binding deadline in writing.

We are not responsible for delays caused by force majeure, illness, technical failures, postal services, customs, or other events beyond our reasonable control.

  1. Usage Rights and Copyright

Unless otherwise agreed in writing, the copyright and all moral rights remain with MsMeowArt – Heidi Kühne.

Upon full payment, the Client receives a non-exclusive, non-transferable, personal license to use the commissioned artwork for the agreed purpose only.

The Client may not:

  • resell, redistribute, or reproduce the artwork for commercial use;
  • claim authorship of the artwork;
  • mint the artwork as an NFT or use it for training AI systems;
  • alter the artwork in a way that misrepresents the artist’s work, unless we have agreed to such use.

Commercial usage, merchandising rights, or exclusive rights must be agreed separately in writing.

  1. Client Content and Third-Party Rights

The Client confirms that any reference material, character, logo, photo, text, or other content provided to us may be used for the commission and does not infringe the rights of any third party.

The Client agrees to indemnify us against claims arising from unlawful or unauthorized materials supplied by the Client.

  1. Changes by the Artist

We may apply small artistic adjustments where necessary to preserve quality, composition, readability, or technical feasibility, while staying as close as reasonably possible to the agreed concept.

  1. Right of Withdrawal / Cancellation

For consumers, statutory withdrawal rights apply only where required by law.

For commissions and other goods made to the Client’s specifications or clearly personalized, the right of withdrawal does not apply to the extent permitted by applicable law.

If a statutory right of withdrawal exists for a particular product or service, the applicable legal withdrawal information will be provided separately where required.

If the Client requests that work begins before the end of any applicable withdrawal period, the Client may be required to pay for work already performed in accordance with applicable law.

  1. Cancellations and Refunds

If the Client cancels a commission after work has started, any deposit may be retained to cover time already spent, concept work, planning, or administrative costs, unless mandatory consumer law requires otherwise.

Completed commissions are non-refundable, except where mandatory law provides otherwise or where there is a proven defect for which we are responsible.

Refunds, if any, are made using the same payment method used for the original transaction unless otherwise agreed.

  1. Defects and Corrections

If a delivered work contains a material defect that is attributable to us, the Client must notify us within a reasonable time after delivery.

Where appropriate, we will first attempt to correct the defect or provide a replacement version.

This does not affect mandatory statutory rights of consumers.

  1. Liability

We are liable without limitation for intent and gross negligence, as well as for injury to life, body, or health.

In cases of slight negligence, we are only liable for breaches of essential contractual obligations and limited to the typical, foreseeable damage.

Any further liability is excluded to the extent permitted by law.

  1. Storage of Files

We may store final files, drafts, and commission records for a reasonable period for reference, accounting, and proof of contract performance.

We are not obliged to archive all working files permanently unless this has been expressly agreed.

  1. Data Protection

We process personal data only as necessary to handle inquiries, commissions, payments, delivery, and customer communication.

Further details are set out in our Privacy Policy.

  1. Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), where legally permissible.

If the Client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of the Seller, to the extent permitted by law.

Should any provision of these Terms be invalid or unenforceable, the remaining provisions shall remain in effect.

No oral side agreements exist. Changes and additions must be made in writing unless mandatory law permits another form.

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