Terms & Conditions – Lentiart.com

1. Scope of Application

1.1. These Terms & Conditions apply to all orders placed by consumers via the online shop at lentiart.com (hereinafter “Lentiart” or “the platform”).

1.2. The operator is O.Schulze-M.Monka GbR, Wolfener Str. 32-34, 12681 Berlin, Germany (hereinafter “we” or “Lentiart”).

1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4. Deviating terms of the customer only apply if we expressly agree to them in writing.

2. Conclusion of Contract

2.1. The presentation of products on our website constitutes a non-binding invitation to make an offer.

2.2. By clicking the “Buy Now” or “Add to Cart” button and completing the checkout process, you submit a binding purchase offer.

2.3. We will send you an automated order confirmation via email immediately after receiving your order. This confirmation does not constitute acceptance of your offer.

2.4. The contract is concluded when we send you a separate confirmation of dispatch or delivery, or when we deliver the goods, whichever occurs first.

2.5. We reserve the right to refuse orders without giving reasons, particularly in cases of suspected fraud or unavailability of goods.

3. Prices & Payment

3.1. All prices stated on our website are final prices including statutory VAT (currently 19% in Germany for standard rate items, 7% for reduced rate items).

3.2. Shipping costs are shown separately during the checkout process and are not included in the product price unless otherwise stated.

3.3. Available payment methods are displayed during checkout. These may include:

• Credit card (Visa, Mastercard, American Express)
• PayPal
• Bank transfer (advance payment)
• Other payment services as indicated

3.4. In case of advance payment by bank transfer, payment must be received within 10 days of order placement. After this period, we reserve the right to cancel the order.

3.5. We reserve title to the goods until full payment has been received.

4. Delivery & Shipping

4.1. Made-to-order production: All lenticular artworks are produced individually after order placement. This is clearly indicated in the product description.

4.2. Delivery times are stated in the product description and begin:

• For advance payment: after receipt of payment
• For other payment methods: after conclusion of contract

4.3. Typical production and delivery time is 10-21 business days within Germany, and 14-28 business days for international orders, unless otherwise stated.

4.4. We ship to addresses within the European Union and selected international destinations. Shipping restrictions are indicated during checkout.

4.5. Risk of loss passes to you upon handover to the shipping carrier.

4.6. If you are absent during delivery, a delivery notification will be left. You can then arrange redelivery or collection from the carrier’s depot.

4.7. Partial deliveries are permitted if reasonable and clearly communicated to you.

5. Right of Withdrawal (EU Consumers)

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

How to Exercise Your Right of Withdrawal

To exercise the right of withdrawal, you must inform us at:

O.Schulze-M.Monka GbR
Wolfener Str. 32-34
12681 Berlin, Germany
Email: info@lentiart.com
Phone: +49 (0)30 9827227

You may use the withdrawal form provided below, but it is not mandatory.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Important Exception – Made-to-Order Goods

The right of withdrawal does not apply to contracts for the supply of goods made to the customer’s specifications or clearly personalized.

Since all lenticular artworks sold on Lentiart.com are produced individually to order and cannot be resold to other customers, the statutory right of withdrawal is excluded pursuant to Article 16(c) of EU Directive 2011/83/EU.

This exception is clearly indicated during the checkout process.

Voluntary Return Policy

Although not legally required for made-to-order goods, we offer a goodwill return option within 14 days if:

• The artwork arrives damaged or defective
• The wrong item was delivered
• There is a significant quality defect

In such cases, please contact us immediately with photos of the issue. We will provide a prepaid return label and offer a replacement or full refund.

Sample Withdrawal Form

To: O.Schulze-M.Monka GbR, Wolfener Str. 32-34, 12681 Berlin, Germany, info@lentiart.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

(*) Delete as appropriate

6. Warranty & Liability

6.1 Statutory Warranty Rights

The statutory warranty provisions apply. For new goods, the warranty period is 2 years from delivery.

In case of defects, you may initially request rectification (repair or replacement). If this fails or is unreasonable, you may reduce the price or withdraw from the contract.

6.2 Quality Standards

We guarantee that all lenticular artworks meet professional quality standards. Minor variations in color reproduction are inherent to the printing process and do not constitute defects.

Lenticular effects (flip, motion, 3D depth) may appear differently depending on viewing angle and lighting conditions. Sample images on our website are representative but may vary slightly.

6.3 Damage Claims

If goods arrive damaged, please report this immediately (within 2 days) with photographic evidence. We will arrange replacement or refund.

6.4 Care Instructions

To maintain the quality of your lenticular artwork:

• Avoid direct sunlight for extended periods
• Clean only with a soft, dry cloth
• Do not use chemical cleaners or solvents
• Handle with care to avoid scratching the lenticular surface

6.5 Limitation of Liability

We are liable without limitation for damages resulting from injury to life, body or health, and for damages caused by intentional or grossly negligent breach of duty by us or our legal representatives or agents.

For other damages based on breach of essential contractual obligations, our liability is limited to foreseeable, typically occurring damages. Essential contractual obligations are those whose fulfillment makes proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

Liability under the German Product Liability Act remains unaffected.

7. Copyright & Usage Rights

7.1. All artworks sold through Lentiart.com are protected by copyright. The artist retains all copyrights.

7.2. By purchasing an artwork, you acquire ownership of the physical item and the right to display it privately.

7.3. Commercial use, reproduction, distribution, or public display is prohibited without the express written permission of the artist.

7.4. You may not:

• Reproduce or photograph the artwork for commercial purposes
• Create derivative works
• Use the artwork in advertisements or promotions
• Resell digital reproductions

7.5. Private resale of the physical artwork (e.g., through art marketplaces or auctions) is permitted under the doctrine of first sale/exhaustion.

8. Data Protection

8.1. We process your personal data in accordance with applicable data protection laws, particularly the EU General Data Protection Regulation (GDPR).

8.2. We collect and process data necessary for contract fulfillment, including:

• Name and contact information
• Billing and shipping address
• Payment information
• Order history

8.3. We do not sell your personal data to third parties.

8.4. We share data with service providers necessary for order fulfillment (payment processors, shipping companies) under strict confidentiality agreements.

8.5. You have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data (subject to legal retention requirements)
• Restrict or object to processing
• Data portability
• Lodge a complaint with a supervisory authority

8.6. For detailed information, please refer to our separate Privacy Policy.

9. Final Provisions

9.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2. If you are a consumer habitually resident in another EU member state, the mandatory consumer protection provisions of that country also apply.

9.3. The exclusive place of jurisdiction for disputes arising from this contract is Berlin, Germany, provided you are a merchant, a legal entity under public law, or a special fund under public law.

9.4. Should individual provisions of these terms prove invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

9.5. Online dispute resolution: The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution procedures before a consumer arbitration board, but are willing to do so.

10. Scope & Partnership Model

10.1 General Scope

These Artist Partnership Terms govern the business relationship between artists (hereinafter “Artist” or “Partner”) and Lentiart for the submission, production, and sale of lenticular artworks through the Lentiart.com platform.

10.2 B2B Relationship

This is a business-to-business (B2B) relationship. The Artist confirms that they are acting in a commercial or self-employed professional capacity, not as a consumer.

10.3 Partnership Model Overview

Lentiart operates as an on-demand production and sales platform:

• Artists submit artwork for potential lenticular conversion
• Lentiart creates mockups and lists approved works on the platform
• Production occurs only after customer orders are placed
• Revenue is shared according to the agreed percentage
• No upfront costs or inventory risk for artists

10.4 No Exclusive Representation

Unless otherwise agreed in writing, this partnership is non-exclusive. The Artist may sell their work through other channels, provided they do not offer identical lenticular versions that directly compete with products on Lentiart.com.

11. Artist Submissions & Content

11.1 Submission Requirements

The Artist may submit artwork via the designated submission form on Lentiart.com. Submissions must include:

• High-resolution image files (minimum 300 dpi, preferred formats: TIFF, PSD, PNG)
• Artist name and contact information
• Artwork title and description
• Confirmation of copyright ownership
• Intended effect (flip, motion, 3D, zoom) if applicable

11.2 Content Standards

All submitted artwork must:

• Be original work created by the Artist
• Not infringe any third-party copyrights, trademarks, or other intellectual property rights
• Comply with applicable laws and public decency standards
• Not contain hateful, violent, pornographic, or otherwise offensive content

11.3 Rights Representation & Warranties

The Artist represents and warrants that:

• They are the sole creator and copyright owner of the submitted artwork, or have obtained all necessary rights and licenses
• The artwork does not violate any third-party rights
• They have the full right and authority to enter into this agreement
• All information provided is accurate and complete

11.4 Approval Process

Lentiart reserves the right to:

• Review all submissions for technical suitability and quality
• Accept or reject submissions at its sole discretion
• Request modifications or additional information
• Determine appropriate sizes, formats, and pricing recommendations

Approval typically occurs within 7-14 business days. No contractual relationship exists until Lentiart sends written confirmation of acceptance.

11.5 Technical Optimization

Lentiart may make necessary technical adjustments to optimize artwork for lenticular production, including:

• Color correction and calibration
• Resolution adjustment
• Creation of interlaced frames
• Addition of background elements or modifications for technical reasons

Significant artistic changes require the Artist’s approval.

12. Rights & Licenses

12.1 Retained Copyright

The Artist retains full copyright and all intellectual property rights to their original artwork.

12.2 License Grant to Lentiart

The Artist grants Lentiart a non-exclusive, worldwide, royalty-bearing license to:

• Reproduce the artwork as lenticular prints
• Display the artwork on Lentiart.com and associated marketing materials
• Create derivative works necessary for lenticular production (interlacing, format adaptations)
• Photograph and digitally reproduce finished products for promotional purposes
• Use the Artist’s name and biographical information in connection with the artwork

12.3 License Limitations

The license granted is limited to:

• Production and sale of lenticular artworks through Lentiart.com
• Marketing directly related to these products
• No sublicensing rights (except to necessary production partners)
• No transfer of copyright or moral rights

12.4 Limited Editions

If the Artist designates a work as a limited edition:

• Maximum number of prints must be specified in advance
• Each print will be numbered (e.g., 1/50, 2/50)
• Lentiart commits not to exceed the stated edition size
• Higher revenue share applies (as specified in pricing agreement)

12.5 Attribution

Lentiart will always attribute the artwork to the Artist by name on product listings, unless the Artist requests anonymity or a pseudonym.

12.6 Artist’s Promotion Rights

The Artist may:

• Promote their works available on Lentiart.com
• Link to their Lentiart product pages
• Display images of finished lenticular products
• Reference their partnership with Lentiart in promotional materials

13. Production & Quality

13.1 On-Demand Production

All products are manufactured on-demand after customer orders are placed. No inventory is held in advance.

13.2 Production Standards

Lentiart commits to:

• Professional-grade printing using UV-resistant inks
• High-quality lenticular lenses (typically 40-75 LPI depending on effect and size)
• Proper alignment and registration of interlaced images
• Secure packaging to prevent damage during shipping

13.3 Quality Control

Each product undergoes quality inspection before shipment. Items with defects are reprinted at Lentiart’s expense.

13.4 Production Time

Standard production time is 5-10 business days from order receipt, plus shipping time. Rush production may be available for additional fees.

13.5 Artist Approval Copies

Upon request and at the Artist’s expense (production cost only, no markup), Lentiart can provide approval copies before listing products online. This is optional but recommended for complex works.

14. Pricing & Revenue Share

14.1 Price Setting

Retail prices are determined collaboratively:

• Lentiart calculates production costs
• Artist may request specific price points
• Final pricing must be mutually agreed
• Prices include platform fees and Artist’s revenue share

14.2 Standard Revenue Share

Unless otherwise agreed, revenue is distributed as follows:

• Artist receives: 30-50% of net sales price (after deduction of payment processing fees and applicable taxes)
• Lentiart receives: Remainder, covering production costs, platform operations, marketing, and margin

The exact percentage depends on production costs, edition size, and exclusivity arrangements.

14.3 Limited Edition Premium

Limited editions (typically ≤100 pieces) receive enhanced revenue share:

• Artist receives: 40-60% of net sales price
• Higher retail price point justified by exclusivity

14.4 Calculation Example

Example for a standard print:
Retail price: €300
Payment processing fee (3%): €9
Net sales price: €291
Artist share (40%): €116.40
Lentiart share (60%): €174.60
(Lentiart’s share covers production cost of ~€80-100, plus platform costs and margin)

14.5 Price Adjustments

Prices may be adjusted by mutual agreement to reflect:

• Changes in production costs
• Market demand
• Promotional activities
• Currency fluctuations for international sales

14.6 Discounts & Promotions

Lentiart may run promotional discounts (e.g., seasonal sales). The Artist’s revenue share percentage remains constant, calculated on the discounted net sales price.

15. Payment Terms

15.1 Payment Schedule

Artist payments are processed monthly, covering all sales completed in the previous calendar month.

15.2 Payment Threshold

Minimum payout amount is €50. Amounts below this threshold are carried forward to the next payment period.

15.3 Payment Method

Payments are made via bank transfer to the Artist’s designated account. The Artist must provide:

• Account holder name
• IBAN (for EU) or international banking details
• Tax identification number or VAT ID

15.4 Payment Timing

Payments are processed by the 15th day of the month following the sales period. For example, sales in January are paid by February 15th.

15.5 Sales Reporting

Artists receive monthly sales reports via email, including:

• Number of items sold
• Retail prices
• Artist’s revenue share per item
• Total payment amount
• Deductions (if any)

15.6 Tax Responsibility

The Artist is responsible for:

• All income tax obligations in their jurisdiction
• VAT registration and reporting (if applicable)
• Providing valid tax documentation upon request

Lentiart operates as a platform and does not withhold taxes except where legally required.

15.7 Returns & Refunds

If a customer returns a product due to defect or error on Lentiart’s part:

• No deduction from Artist’s earnings
• Lentiart bears the cost

If a return occurs due to customer change of mind (and legally permitted), the Artist’s share for that sale is reversed in the next payment period.

16. Liability & Warranties

16.1 Artist’s Warranties

The Artist warrants that:

• All submitted artwork is original or properly licensed
• No third-party rights are infringed
• All information provided is accurate
• They have the legal capacity to enter into this agreement

16.2 Indemnification by Artist

The Artist agrees to indemnify and hold harmless Lentiart, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Breach of the Artist’s warranties
• Copyright infringement or other intellectual property violations
• False or misleading information provided by the Artist

16.3 Lentiart’s Liability

Lentiart is liable without limitation for damages resulting from injury to life, body, or health, and for damages caused by intentional or grossly negligent conduct.

For other damages based on breach of essential contractual obligations, liability is limited to foreseeable, typically occurring damages. Essential obligations are those whose fulfillment enables proper contract execution.

Liability for data loss is limited to typical recovery costs that would have occurred with regular backup procedures.

16.4 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, pandemics, government restrictions, or supplier failures.

17. Term & Termination

17.1 Contract Term

This agreement begins upon acceptance of the Artist’s submission by Lentiart and continues indefinitely until terminated by either party.

17.2 Ordinary Termination

Either party may terminate this agreement with 30 days written notice to the other party, without providing reasons.

17.3 Immediate Termination Rights

Either party may terminate immediately if:

• The other party commits a material breach and fails to remedy it within 14 days of written notice
• The other party becomes insolvent or enters bankruptcy proceedings
• Continuing the relationship becomes legally impossible or unreasonable

17.4 Effects of Termination

Upon termination:

• No new products will be listed
• Existing listings will be removed within 14 days
• Orders placed before termination will be fulfilled
• Outstanding payments will be settled within 30 days
• All licenses granted automatically expire (except for ordered products already produced)

17.5 Survival Clauses

The following provisions survive termination:

• Copyright ownership and attribution
• Payment obligations for completed sales
• Confidentiality obligations
• Indemnification provisions
• Dispute resolution procedures

18. Confidentiality & Production Data

18.1 Confidential Information

Both parties agree to treat as confidential:

• Proprietary production techniques and processes
• Pricing structures and cost calculations
• Sales data and customer information
• Business strategies and marketing plans
• Any information marked as “confidential”

18.2 Confidentiality Obligations

Each party agrees to:

• Keep confidential information secure
• Not disclose to third parties without written consent
• Use confidential information only for purposes of this agreement
• Return or destroy confidential materials upon termination

18.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party
• Was already known to the receiving party before disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

18.4 Production Data & Buy-Out Option

No Release Obligation Without Buy-Out:

Without a buy-out agreement and full payment, Lentiart has no obligation to release production data (particularly interlacing/prepress/3D data) to the Artist.

These production files represent substantial proprietary work and are protected as trade secrets.

18.5 Buy-Out Terms (Optional)

The Artist may purchase production data by:

• Requesting a buy-out quote from Lentiart
• Paying the agreed buy-out fee (typically €500-2000 depending on complexity)
• Signing a buy-out agreement that includes:
• Transfer of specific production files
• Restrictions on sharing or reverse engineering
• Acknowledgment that Lentiart’s production methods remain confidential

18.6 Protection Against Reverse Engineering

The Artist agrees not to:

• Reverse engineer Lentiart’s production processes
• Use received production data to circumvent the partnership
• Share technical information with competing lenticular producers
• Attempt to recreate proprietary interlacing algorithms

This obligation extends for 3 years beyond termination of the partnership.

19. Final Provisions

19.1 Governing Law

This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

19.2 Jurisdiction

For all disputes arising from this agreement, the exclusive place of jurisdiction is Berlin, Germany, provided the Artist is a merchant, legal entity under public law, or special fund under public law.

19.3 Language

The authoritative version of this agreement is in English. Translations are provided for convenience only.

19.4 Amendments

Amendments to this agreement must be made in writing. This also applies to any waiver of this written form requirement.

Lentiart reserves the right to modify these terms with 30 days notice. Continued partnership after notification constitutes acceptance of new terms.

19.5 Severability

If any provision of this agreement is found invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

19.6 Entire Agreement

This agreement, together with any supplementary agreements executed in writing, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

19.7 Assignment

Neither party may assign this agreement without the prior written consent of the other party, except that Lentiart may assign to a successor entity in case of merger, acquisition, or sale of business.

19.8 Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for 30 days.

If negotiation fails, either party may initiate mediation through a mutually acceptable mediator. The costs of mediation shall be shared equally.

19.9 Notices

All notices under this agreement must be in writing and sent to:

For Lentiart:
O.Schulze-M.Monka GbR
Wolfener Str. 32-34
12681 Berlin, Germany
Email: info@lentiart.com

For Artist:
To the address provided in the Artist’s registration

Notices are deemed received:

• If sent by email: upon transmission (business hours only)
• If sent by mail: 3 business days after posting
• If sent by courier: upon delivery