Terms and Conditions for Commissioned Artwork

Artist: Franziska Boemer
Last updated: 27 October 2026

1. Scope and Nature of Business

Franziska Boemer is a self-employed freelance painter based in Germany. She creates and sells her own original artworks, including individually commissioned paintings.

These Terms and Conditions apply to the commissioning and sale of original artworks created by the Artist.

2. Nature of the Artwork

Each energy painting is an individually created original artwork. It is produced through an intuitive artistic process based on the Customer’s personal intention or concern.

The specific design, including colours, shapes and symbols, develops during the painting process and cannot be determined or guaranteed in advance. No particular aesthetic, emotional or spiritual effect is guaranteed.

The artwork is a work of art and does not replace medical or psychotherapeutic treatment.

3. Order and Contract Formation

The Customer may enquire about a commission by email or through the contact form on the Artist’s website.

Before accepting an order, the Artist and the Customer agree on the subject or personal intention, canvas format and size, total price and estimated completion timeframe.

The contract is concluded when the Artist confirms the order and its essential terms in text form, for example by email.

4. Price and Payment

Unless otherwise agreed, 50% of the agreed total price is payable as a deposit following order confirmation. Work begins after the deposit has been received.

The remaining 50% is payable upon completion of the artwork and before dispatch.

The invoice will state the total price, the deposit received and the outstanding balance.

The Artist covers the shipping costs. Any additional charges agreed with the Customer will be communicated before the contract is concluded. Applicable taxes are charged in accordance with the relevant legal requirements.

5. Changes to the Commission

Any substantial change to the agreed subject, format or scope of the commission after the contract has been concluded requires mutual agreement in text form.

Such changes may affect the price and estimated completion timeframe. The Artist is not obliged to make changes to an artwork that has already been started or completed unless otherwise agreed.

6. Completion and Delivery Time

The Artist provides an estimated completion timeframe when confirming the order.

As each artwork is created through an individual artistic process, the timeframe is an estimate rather than a guaranteed delivery date, unless expressly agreed otherwise.

If a significant delay becomes foreseeable, the Artist will inform the Customer and provide an updated estimate. Statutory rights remain unaffected.

7. Individually Commissioned Artwork, Returns and Withdrawal

Each commissioned artwork is made individually for the Customer and is not a prefabricated product.

The Artist does not offer voluntary returns or exchanges solely because the Customer dislikes the artwork or has different aesthetic expectations.

The statutory exception to the right of withdrawal for goods made to the consumer’s specifications or clearly personalised applies only where its legal requirements are met.

Statutory rights relating to defective or damaged goods and any other mandatory consumer rights remain unaffected.

8. Shipping and International Deliveries

The Artist covers the shipping costs and arranges suitable shipping for the artwork. The artwork will be carefully packaged. Shipment insurance will be arranged for an appropriate value, subject to the coverage and terms available from the shipping provider.

Deliveries within Germany and other EU countries are available subject to the Artist’s confirmation that shipping to the destination is possible.

Deliveries to countries outside the EU are offered only by individual agreement. The destination and shipping arrangements must be confirmed before the contract is concluded.

For deliveries outside the EU, import duties, taxes, customs clearance fees and other charges imposed by the destination country may apply. Unless otherwise agreed or required by law, these charges are payable by the Customer.

If the artwork is lost or arrives damaged, the Customer should notify the Artist promptly and provide relevant photographs and shipping information. The Artist will handle communication with the shipping provider and, where appropriate, submit an insurance claim.

The transfer of risk during shipping is governed by applicable statutory law. Mandatory consumer rights remain unaffected.

9. Ownership and Copyright

Upon full payment, ownership of the physical original artwork passes to the Customer.

Copyright and all other intellectual property rights in the artwork remain with the Artist unless otherwise agreed in writing.

The Customer may own and display the original artwork for personal purposes. Reproduction, distribution, commercial use or other exploitation of the artwork requires the Artist’s prior written permission, unless permitted by mandatory law.

10. Documentation and Publication

The Artist may document the creation process for her own records.

The completed artwork will only be published for portfolio, website, social media or marketing purposes with the Customer’s prior consent.

Consent to publish the artwork does not constitute consent to publish the Customer’s name, personal story or other personal information. Any such publication requires separate consent where required by law.

11. Liability

Statutory liability provisions apply.

The description of the artwork clarifies that the commissioned energy painting is a work of art and does not replace medical or psychotherapeutic treatment.

12. Applicable Law and Consumer Protection

These Terms and Conditions are governed by the laws of the Federal Republic of Germany.

Where the Customer is a consumer habitually resident in another country, this choice of law shall not deprive the Customer of the protection afforded by mandatory provisions of the law applicable in that country, where required by the applicable rules.

13. Contact

Franziska Boemer
Paul-Grasse-Str. 36
10409 Berlin
Germany

Email: franziska.boemer@gmx.de
Website: https://www.franziskaboemer.com