Allgemeine Geschäftsbedingungen

Terms and Conditions

Contract languages are German and English. In case of doubt, the German version prevails. These Terms apply to the entire Daria Gallery offering (daria.gallery Shop as well as studio.daria.gallery Studio Pass and Atelier seasons).

§ 1 Scope, Provider

(1) These Terms and Conditions („Terms") apply to all contracts concluded between

Daria Beizerov
Postreitweg 13
45145 Essen
Germany
Email: legal@daria.gallery
— hereinafter „Provider" —

and a consumer within the meaning of § 13 of the German Civil Code (BGB) (hereinafter „Customer" or, in the Studio context, „Member") regarding the goods, digital content and services offered under the domains daria.gallery and studio.daria.gallery (including subdomains).

(2) Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their applicability in writing.

(3) The contractual languages are German and English. In case of doubt, the German version of these Terms shall prevail.

(4) These Terms are divided into a general part (§§ 1–13) and product-specific parts: Shop / physical works (§§ 6–9, 11), commissions (§ 9b), product safety (§ 9c), digital products Pass + Atelier (§ 9a), Studio Pass (§ 14), Atelier seasons (§ 15). Cross-cutting Studio provisions are found in §§ 16–20.

(5) Incorporation of the Terms (§ 305 (2) BGB). Before submitting the relevant order button, these Terms and the Privacy Policy are made available via a clearly marked link for review and printing; by clicking the order button, the Customer agrees to their applicability. In the Studio, consent and the applicable version are logged (see Privacy Policy).

§ 2 Definitions

  • Gallery — the publicly accessible website daria.gallery with shop, biography, public live streams and newsletter signup.
  • Studio — the access-restricted member platform studio.daria.gallery.
  • Shop — sale of original watercolours and prints via the Gallery.
  • Studio Pass — monthly or annual subscription in the Studio.
  • Atelier Season — a time-limited, curated live course for a one-off fee, with application process and limited number of participants. Scope and duration result from the respective season offering.
  • Atelier class — the participants of a specific Atelier Season collectively.
  • Capstone session — concluding live session of an Atelier Season.
  • Alumnus status — status of a Member after completion of an Atelier Season; grants indefinite read access to the archive of the Member's own Atelier class, subject to platform availability.
  • Member — a person who has created an account in the Studio.
  • Content — all posts, images, videos, PDFs, reactions, direct messages and application content uploaded by Members to the Studio.
  • Live session — an announced, broadcast video format of the Provider (Studio Hour public or Pass-internal, Atelier session internal).
  • Drawing Room — asynchronous community forum within the Studio (class-internal for Atelier Seasons, or Pass-wide).
  • Studio Hour — regular live-session variant with the Provider in the Studio Pass.
  • Studio Library — collection of digital teaching and inspiration materials in the Studio (videos, reference images, PDFs, tutorials, insights and the like).
  • Submission — the result of an exercise assignment that a Member submits in the context of an Atelier Season.

§ 3 Conclusion of Contract

(1) The presentation of works, Pass options or Atelier seasons on the websites does not constitute a legally binding offer but a non-binding invitation to submit an offer.

(2) By clicking the relevant order button, the Customer submits a binding offer to conclude a contract:

  • Shop: „Buy now"
  • Studio Pass: „Buy now"
  • Atelier Season: „Buy now"

Immediately before contract conclusion, the Customer is informed of the total price, any shipping costs, the contract term and the cancellation terms (§ 312j BGB in conjunction with Art. 246a EGBGB). Pursuant to § 19 of the German VAT Act (UStG), no VAT is charged or shown (see § 4).

(2a) Technical steps for contract conclusion and ability to correct (§ 312i (1) BGB, Art. 246c EGBGB). The order process takes the following steps: (i) selection of the work or product and addition to the cart (in the Studio: selection of the Pass variant or Atelier booking), (ii) entry of contact and billing/delivery details, (iii) display of a summary page with all order details, total price and any shipping costs, (iv) submission of the binding order via the order button. Before submitting the binding order, all entries can be reviewed on the summary page and corrected via the usual keyboard, mouse and touch functions as well as the „Change" or „Back" buttons.

(3) The Provider confirms receipt of the order or application by email without delay. This confirmation does not yet constitute acceptance of the contractual offer but merely serves to provide information pursuant to § 312i (1) sentence 1 no. 3 BGB.

(4) Time of contract conclusion depending on product:

  • Shop: by express acceptance of the Provider via a separate order confirmation or at the latest by shipment of the goods within seven business days of receipt of payment.
  • Studio Pass: by successful completion of the payment process (payment authorised) and activation of the Pass status in the Member account.
  • Atelier Season: by successful completion of the payment process following the acceptance email. Prerequisites are (i) a submitted application, (ii) an acceptance decision by the Provider and (iii) payment within the time window specified in the acceptance email (usually 14 days).

(5) The Provider stores the contract text and transmits it to the Customer on a durable medium (email) with the order confirmation and the invoice in accordance with § 312f BGB; these Terms are available at any time at daria.gallery/agb. For digital content, transmission takes place at the latest before the start of contract performance.

(6) Age of majority. The Pass subscriptions and Atelier seasons offered in the Studio and the use of community functions are aimed exclusively at consumers who have reached the age of 18 and have full legal capacity. By submitting the contractual offer or registering, the Customer confirms that they are of legal age and have unrestricted legal capacity. The Provider does not conclude contracts with minors; a contract nevertheless concluded is provisionally invalid pursuant to §§ 107 et seq. BGB.

§ 4 Prices, Shipping Costs, Small-business Scheme

(1) All prices on the websites are final prices in euros. Pursuant to § 19 UStG (small-business scheme), no VAT is charged or shown. All invoices contain the corresponding notice.

(2) For shipments of originals or prints to third countries (outside the EU), additional import duties, taxes or fees may apply, which are to be borne by the Customer. These are not charged by the Provider and are not included in the purchase price.

(3) Shipping costs are listed separately in the cart and at checkout before the order is submitted.

(4) No shipping costs apply to the Studio Pass and Atelier seasons (purely digital services).

(5) Price indication for subscriptions (PAngV). For subscription services (Studio Pass), the total price per billing period (per month or per year) and the term are shown before the order is submitted at checkout (§ 3 PAngV). A unit-price indication pursuant to § 4 PAngV is not applicable to digital services. Since no VAT is shown pursuant to § 19 UStG, the displayed price is at the same time the total price within the meaning of PAngV.

§ 5 Payment

(1) Payment is processed via the payment service provider Stripe Payments Europe Ltd., Dublin, Ireland. Accepted payment methods are those offered at checkout from time to time (currently including credit card and SEPA direct debit; others depending on availability).

(2) The purchase price or first subscription payment is due immediately upon conclusion of the contract.

(3) The Provider reserves the right to exclude individual payment methods or add new ones.

(4) Invoicing. After successful receipt of payment, an invoice is generated as a PDF, sent to the registered email address and made available in the Member account overview (Studio) or order confirmation (Shop). The invoice contains the mandatory notice „Pursuant to § 19 UStG no VAT is charged."

§ 6 Delivery, Delivery Time (Shop only)

(1) Delivery is made to the delivery address specified by the Customer during the order process.

(2) The Provider ships the goods within at most seven business days after receipt of payment (binding shipping deadline). The subsequent transport time is typically two to five business days within Germany, five to ten business days within the EU and seven to twenty-one business days to third countries. Customs-related delays are reserved.

(3) If delivery is not possible after three delivery attempts due to fault of the Customer, the Provider may withdraw from the contract. Any payments already made will be refunded without delay.

(4) The risk of accidental loss and accidental deterioration of the goods sold only passes to the Customer upon handover of the goods (§ 475 (2) BGB).

(5) Original works are handcrafted, unique pieces. If an original work cannot be delivered due to transport damage or loss in transit, the Provider will fully refund the purchase price including shipping costs. There is no claim to replacement delivery of an identical work (§ 275 (1) BGB).

§ 7 Retention of Title (Shop only)

The delivered goods remain the property of the Provider until the purchase price has been paid in full (§ 449 BGB).

§ 8 Right of Withdrawal — Originals, Prints and Other Physical Goods

(1) The Customer has a statutory right of withdrawal in accordance with the Withdrawal Notice (see daria.gallery/widerruf). The right of withdrawal also applies in particular to the purchase of pre-existing original works and non-customised prints.

(2) The right of withdrawal does not apply to contracts for the supply of goods which are not pre-fabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs (§ 312g (2) no. 1 BGB) — in particular for individually commissioned work (commissioned portraits). This exclusion is pointed out separately before contract conclusion.

(3) The right of withdrawal for digital content and services in the Studio is governed by § 16 of these Terms.

§ 9 Agreed Quality, Warranty, Defect Rights (Shop)

(1) The statutory provisions of §§ 434 et seq. BGB on liability for defects apply. The limitation period for warranty claims is two years from the time of delivery of the goods. These provisions apply to physical goods (Shop). For warranty in the case of digital products (Studio Pass, Atelier seasons), § 9a of these Terms applies exclusively.

(2) The agreed quality (§ 434 (2) BGB) is as follows: Each original work is delivered with a certificate of authenticity hand-signed by the artist. Prints from limited editions are hand-signed and bear a sequential numbering in the format n/N (copy n of a total of N). The total edition N specified in the edition designation is binding; no further numbered copies of this edition will be produced. Artist's proofs (A.P./e.a.) are, where available, indicated separately. Prints from open editions bear no numbering and may be reprinted. The certificate of authenticity is a statement of quality and does not constitute a guarantee within the meaning of §§ 443, 479 BGB.

(3) Original works and hand-signed print editions are handcrafted. The handcrafted character of the work is expressly considered the agreed quality (§ 434 (2) BGB): visible brush or print application, colour gradients, the structure of the paper as well as minor irregularities are intended, agreed properties and do not constitute a defect. The colour reproduction on a screen may, for technical reasons, deviate from the original work; the delivered work is decisive for the agreed quality. These properties are presented to the Customer separately and feature-specifically for confirmation before placing the order (§ 476 (1) sentence 2 BGB).

(3a) Work-specific confirmation in the ordering process (§ 476 (1) sentence 2 BGB). In order for the features described in paragraph 3 deviating from the industrial standard to be effective as agreed quality, the Provider obtains a separate, non-preselected confirmation per work in the ordering process. The Provider shows each individual work with image and work-specific description of the handcrafted features before submission of the binding order; the confirmation applies only to the specifically shown and confirmed work. The checkbox is spatially separated from the order button and from the Terms acceptance checkbox.

(3b) Otherwise, the statutory defect rights of the Customer remain unaffected. The limitation period is not shortened and no defect rights are excluded. The reversal of the burden of proof pursuant to § 477 BGB (one year from delivery in favour of the consumer) remains unaffected.

(4) In the event of a defect, the Provider will first provide subsequent performance, at the Customer's choice, by way of remedial action or replacement delivery. In the case of original works, replacement delivery by an identical work is objectively impossible as a unique service pursuant to § 275 (1) BGB; in this case, subsequent performance can only take place by way of remedial action. If remedial action is also not possible or fails, the Customer can withdraw from the contract, reduce the price or claim damages in accordance with the statutory provisions.

§ 9a Warranty and Updates for Digital Products (Pass + Atelier)

(1) The Studio Pass and Atelier seasons are digital products within the meaning of §§ 327 et seq. BGB. The special rules of these provisions apply to liability for defects, not the general rules for goods set out in § 9 of these Terms. The Studio Pass is provided continuously over the contract term.

(2) If the Provider does not provide a due digital product without delay upon the Member's request, the Member can terminate the contract pursuant to § 327c BGB. Further statutory rights remain unaffected.

(3) If a digital product is defective, the Member may, in accordance with the statutory provisions, demand subsequent performance (remedy), reduce the price or terminate the contract, and claim damages or compensation. For continuous provision (Studio Pass), warranty claims expire at the earliest twelve months after the end of provision.

(4) Updates. During the contract term, the Provider supplies the security and functional updates required to keep the platform and the provided materials usable in conformity with the contract, and informs the Member accordingly. For the Atelier, this applies for the period the Member can expect based on the nature and purpose of the service. This obligation concerns technical operation — it does not establish a claim to new courses, new materials or substantive expansion of the offering; the scope of these results from the description of services at the time of contract conclusion.

(5) If the Member fails to install an update provided and notified by the Provider, the Provider is not liable for any defect attributable solely to the failure to install the update, provided the Provider has informed the Member of the availability and consequences of failing to install and the failure is not due to faulty installation instructions (§ 327f (2) BGB).

§ 9b Commissions

(1) Commissions (individual portraits and works made to order) are contracts for work and materials on non-fungible items (§ 650 BGB); sales law applies primarily, supplemented by the contract-for-work provisions pursuant to § 650 sentence 3 BGB.

(2) The contract is concluded by express order confirmation of the Provider after clarification of motif, format, technique and price. The Provider is not obliged to accept an order.

(3) Payment. Upon acceptance of the order, a down payment of 50 % of the agreed price is due; the remainder is payable before shipment of the finished work. If the Customer cancels the order without reason after the start of production, the Provider may demand reasonable compensation for the work already performed and retain the down payment to that extent (§ 648 BGB by analogy).

(4) No right of withdrawal. Since the work is made to customer specifications, there is no right of withdrawal (§ 312g (2) no. 1 BGB). This exclusion is pointed out separately before contract conclusion; the Customer confirms having taken note of it.

(5) Approval and corrections. The Provider submits a digital draft for approval. The price includes two correction rounds; further change requests are charged separately based on effort. Changes requested after approval do not constitute a defect.

(6) Reference materials and personality rights. If the Customer provides reference material (e.g., a photograph), they warrant that they are authorised to use it and — where persons are recognisable — have obtained their consent (§ 22 KunstUrhG, Art. 6 GDPR). The Customer indemnifies the Provider against third-party claims, insofar as they are responsible for the infringement. The indemnification covers reasonable costs of necessary legal defence. The Provider will inform the Customer of any claim without delay and give them the opportunity to comment; the Provider will not acknowledge or settle a claim without the Customer's consent.

(7) Rights of use. Upon full payment, title to the physical work passes; § 11 applies accordingly. The Provider will only show the commissioned work in its own portfolio or on social media with the Customer's separate consent.

(8) For warranty, § 9 applies accordingly; § 9 (3) (handcrafted character) applies.

§ 9c Product Safety, Manufacturer Information (GPSR)

(1) Original watercolours and hand-painted commissions are handcrafted individual pieces without serial production. To the extent Regulation (EU) 2023/988 („GPSR") applies to such works, the Provider's obligations are limited to the general safety and information obligations (manufacturer identification, provision of safe products); an industrial risk assessment with technical documentation is not tailored to handcrafted unique pieces and is not applicable. The Provider precautionarily indicates the manufacturer details pursuant to Art. 19 GPSR (name, address, electronic contact address) also for originals on the product offer.

(2) Art prints (limited and open editions) fall under the GPSR. For them, the Provider indicates the manufacturer details required under Art. 19 GPSR (name, postal address, electronic contact address) directly within the respective product offer. The manufacturer is Daria Beizerov, Postreitweg 13, 45145 Essen, Germany, legal@daria.gallery.

(3) Where a print includes risk-relevant components (e.g., framing with glass, included hanging set with small parts), the necessary safety and warning information is provided in German on the product offer. Pure, unframed paper prints have no known safety risks when used as intended.

§ 10 Liability

(1) The Provider is liable without limitation for damage arising from injury to life, body or health caused by a negligent or intentional breach of duty by the Provider or a legal representative or vicarious agent, and for other damage caused by an intentional or grossly negligent breach of duty.

(2) In the case of slightly negligent breach of duties whose performance enables the proper performance of the contract in the first place and on whose compliance the Customer may regularly rely (cardinal obligations), the Provider's liability is limited in amount to the foreseeable typical damage at the time of contract conclusion.

(3) Otherwise, liability is excluded. Liability under the German Product Liability Act remains unaffected.

(4) Insofar as content or services are provided via third-party providers (in particular streaming infrastructure, payment processing, email delivery), the Provider does not guarantee the availability or function of these third-party services but endeavours to choose them reasonably. See § 20.

§ 11 Copyright, Rights of Use (Purchased Works)

(1) Upon purchase of a work, only ownership of the physical work passes to the Customer (§ 929 BGB). The copyright rights of use (in particular the right of reproduction, distribution, public communication and making available to the public within the meaning of §§ 15 et seq. UrhG) remain with the Provider as the author.

(2) The Customer is entitled to exhibit the purchased work privately or publicly (§ 44 (2) UrhG) and to resell it (principle of exhaustion pursuant to § 17 (2) UrhG). Any commercial exploitation, in particular reproduction (including photographic or digital), processing, public display for advertising purposes or use in any kind of media, requires the prior written consent of the Provider.

(3) § 44 UrhG remains unaffected.

(4) The Provider's moral right, in particular the right to prohibit distortion or other impairment of the work (§ 14 UrhG), remains unaffected by the transfer of ownership.

(5) The rules on the use of digital content provided in the Studio (recordings, PDFs, library materials) are set out in § 14.6 (Pass) and § 15.6 (Atelier). The use of the Provider's copyrighted content is permitted within the scope of the membership purpose; any exploitation beyond that requires the prior written consent of the Provider.

§ 12 Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 (1) no. 1 in conjunction with (3) VSBG — fewer than eleven employees).

§ 13 Applicable Law, Jurisdiction

(1) German law applies to all legal relationships between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the consumer has their habitual residence in another EU member state, the mandatory consumer protection provisions of the state of habitual residence apply in addition (Art. 6 (2) Rome I Regulation).

(2) Place of jurisdiction for all disputes arising from or in connection with the contract is — to the extent permitted by law — the Provider's place of residence in Essen. The statutory place of jurisdiction of the consumer remains unaffected.

§ 14 Studio Pass

§ 14.1 Description of Services

The Studio Pass is a subscription with a monthly or annual term. During the active contract term, it includes access to:

  • the asynchronous Drawing Rooms in the Studio (community forums)
  • the Studio Hours (live format with the Provider)
  • the Studio Library (videos, reference images, PDFs, tutorials, insights and the like)
  • any further services indicated on the Pass page at the time of contract conclusion

The exact contents result from the description of the respective Pass variant at the time of order. Expansions of the scope of services for the benefit of the Member take place without price adjustment.

Changes to the Studio Pass. The Studio Pass is provided continuously. The Provider may only change the Studio Pass beyond the measures necessary to maintain conformity for good cause — for instance to adapt the Pass to changed legal or technical conditions, to respond to the discontinuation or replacement of third-party services used (e.g., streaming), or to develop and secure the platform. No additional costs arise for the Member as a result. If a change more than insignificantly affects access to or the use of the Studio Pass, the Provider informs the Member at least four weeks before it takes effect by email about the nature, time and consequences of the change. The Member may then terminate the contract free of charge within 30 days of the information or of the change taking effect — whichever is later; this right does not apply if the impairment is insignificant or the Provider continues to make the unchanged Pass available to the Member without additional cost.

§ 14.2 Contract Term, Renewal, Termination

(1) The Studio Pass runs for one month or one year, depending on the chosen variant, and automatically renews for the same term unless cancelled beforehand.

(2) The Member can cancel the Studio Pass at any time to the end of the respective current period. For monthly term, to the next monthly change; for annual term, to the next annual period change. No additional cancellation period applies (§ 309 no. 9 BGB).

(3) Cancellation is effected via the cancellation button at studio.daria.gallery/kuendigen, accessible without login. The button bears the label „Cancel contracts here" and leads to a confirmation page with the button „Cancel now". Upon confirmation, the Member promptly receives an email (durable medium) with the content of the cancellation declaration, date and time (§ 312k (2) sentence 3 BGB).

(4) Cancellation by email to legal@daria.gallery or by letter to the Provider's address is also possible.

(5) The Provider can extraordinarily terminate the Studio Pass for good cause, in particular in case of a serious breach of § 18 (house rules).

§ 14.3 Effects of Termination, Refund

(1) Upon the termination taking effect, access to all Pass-bound content and surfaces ends.

(2) Amounts already paid for the current period are not refunded pro rata. The Member can continue to use the Pass until the end of the paid period.

(3) A pro rata refund is provided in case of extraordinary termination by the Provider pursuant to § 14.2 (5) only if the termination is not based on a reason attributable to the Member (e.g., breach of § 18).

§ 14.4 Price Adjustments

(1) The Provider may adjust prices for future billing periods to the extent justified by a change in the costs incurred to provide the service — in particular fees of the third-party services used (hosting, streaming, email delivery, payment processing) and general operating costs. An adjustment may not exceed the amount of the cost increase; if costs decrease, the Provider passes on the reduction by the same procedure.

(2) Price adjustments are announced to affected Members by email at least six weeks before taking effect. The Members are entitled to an extraordinary right of termination at the time the price adjustment takes effect.

(3) Price changes for new contracts on the Pass sales page remain unaffected; paragraph 1 applies exclusively to existing contractual relationships.

§ 14.5 Founder Status

„Founders" are Members who acquired one of the first Founder Passes offered. The Founder status is noted in the system and generally remains even after an interim cancellation, where the relevant Founder wave condition so provides. The exact Founder conditions result from the Founder sales page at the time of booking.

§ 14.6 Rights of Use of Pass Content

(1) Upon activation of the Studio Pass, the Member receives a simple, non-transferable right of use, limited in time to the contract term, for the personal retrieval of the digital content included in the Pass (recordings, PDFs, library materials).

(2) Transfer to third parties, upload to other platforms and any commercial exploitation are prohibited. The right to private copying pursuant to § 53 UrhG remains unaffected; reproductions for personal, non-public use (e.g., storage on one's own device, notes, screenshots) are permitted.

(3) Automated extraction of the content for the purposes of text and data mining, in particular for the training of generative AI models, is prohibited. The Provider hereby exercises the rightsholder's reservation pursuant to § 44b (3) German Copyright Act (UrhG).

§ 15 Atelier Seasons (Live Course)

§ 15.1 Description of Services

(1) An Atelier Season is a time-limited course with the Provider as teacher, structured in regular live sessions. The Atelier serves exclusively recreational and creative practice (watercolour painting). It is not a vocational training course and does not confer professional qualifications, certificates or qualifications. A season typically comprises:

  • live sessions of approximately 90 minutes, including a concluding capstone session
  • a Drawing Room for the Atelier class for asynchronous communication within the class
  • per session a teaching materials collection (videos, PDFs, references)
  • one or more exercise assignments („submissions") with a defined submission deadline, on which the Provider gives personal feedback as creative input upon timely submission
  • recordings of the live sessions made permanently available to the class and later alumni (see § 19)
  • the alumnus status after the season ends, with an unlimited simple right of use to access the archive of one's own Atelier class

The exact contents result from the season-specific description at the time of application.

(2) The number of participants per season is limited; the respective maximum results from the season offering.

(2a) Atelier Season and alumnus archive. The paid service of the Atelier Season comprises the live sessions including the capstone session, Drawing Room access during the season, the preparation materials and personal feedback by the Provider on submissions. After completion of the season, the Member additionally receives, as an alumnus, read access to the recording archive of their own season for as long as the Provider operates the platform. This archive access is a voluntary additional service; it is not part of the paid season service and cannot be enforced in court or used as a basis for price reduction or refund. Solely the performance of the season service is decisive for the expiry of the right of withdrawal under § 16.2a.

(3) Nature of feedback. The personal feedback of the Provider is an artistic-creative suggestion within the framework of joint recreational practice. It does not constitute legally, medically, psychologically or financially binding advice and does not establish a claim to any particular learning or creative outcome.

(4) Access duration of the alumnus archive. Access to the archive of one's own Atelier class is granted indefinitely as long as the Studio platform is operated. If the Provider ceases the operation of the platform or of individual functions, it will announce this with a reasonable lead time; no claim beyond this exists for permanent availability. No property or other exploitation right in the recordings is transferred.

(5) Character as a real-time live format. The core and focus of the Atelier Season are the live sessions taking place in real time, in which teacher and participants communicate directly with each other (joint painting, direct questions and answers). The recordings and materials provided are a supplementary review and repetition option for the participants of the respective live season; they do not replace live participation and do not constitute an independent, time-shifted self-learning programme. The exercise assignments and personal feedback of the Provider serve free creative reflection; a systematic assessment of learning success, an evaluation with pass or fail, grading or certification do not take place.

§ 15.2 Application and Selection Procedure

(1) Participation in an Atelier Season requires a successful application. The application is made via the Apply form in the Studio. Mandatory information is the fields marked accordingly in the form; voluntary information may be added.

(2) The Provider personally reviews each application. Acceptance is not guaranteed; a rejection need not be substantiated in detail. The decision is communicated by email.

(3) Upon acceptance, the applicant receives a payment link. The payment deadline is fourteen days, but at the latest three business days before the start of the season; the shorter period applies. The contract is concluded only upon successful payment via this link (§ 3 (4) of these Terms).

(4) Right of withdrawal due to insufficient participation. If, by seven days before the start of the season, the number of confirmed bookings is insufficient to run the season meaningfully, the Provider may withdraw from the season contract. Amounts already paid will in this case be refunded in full without delay. No further claims exist.

§ 15.3 Contract Term, Cancellation, Substitute Participant

(1) An Atelier Season is a one-off booking without auto-renewal. Cancellation in the classical sense is not required.

(2) Cancellation by the Member before the start of the season:

  • Up to fourteen days before the first session date of the season: free cancellation, full refund.
  • Within the last fourteen days before the first session date: no refund.
  • In both cases, the Member may nominate a substitute participant who meets the requirements of § 15.2 (subject to Daria's acceptance).

(3) In the event of documented serious personal hardship (in particular illness confirmed by a doctor, documented death in the immediate family) during the running season, the Provider decides at its reasonable discretion on the application of the amount paid to a later season or a pro rata refund. No claim exists.

(4) If the Member refrains from participation without making use of paragraph 2 or 3, access to the recordings and teaching materials of the booked season remains within the alumnus status.

(5) The statutory right of withdrawal pursuant to § 16 remains unaffected and applies in addition to the cancellation right under paragraph 2.

§ 15.4 Member Obligations

(1) The Member undertakes to attend the planned sessions live in person to the extent possible. A guarantee of live participation at all sessions is not part of the contract; the recordings enable time-shifted participation.

(2) Independent recordings, copies or transfers of the live sessions or recordings provided are not permitted to the Member. Any dissemination beyond the class, in whatever form, requires the express prior written consent of the Provider. See § 19.

(3) Submissions are the Member's own works. A claim to personal feedback by the Provider exists only upon submission within the deadline set for the respective exercise. Upon upload, submissions are made visible to the Provider and to the other members of the Member's own Atelier class; publication beyond the Atelier class takes place only with the Member's separate consent (§ 17.3). Otherwise, by uploading, the Member grants the license described in § 17.

(4) The contents of the Drawing Room of the Atelier class, in particular personal feedback from other Members and the Provider, are confidential and must not be shared outside the class.

§ 16 Right of Withdrawal — Digital Content and Services (Pass + Atelier)

§ 16.1 Existence of the Right of Withdrawal

(1) Consumers have in principle a fourteen-day right of withdrawal for the Studio Pass and for Atelier seasons pursuant to §§ 312g (1), 355 BGB. The withdrawal notice and the model withdrawal form are available at daria.gallery/widerruf.

(2) The period begins with the day of contract conclusion (§ 356 (2) no. 2 BGB).

§ 16.2 Expiry of the Right of Withdrawal for Digital Content (Pass Library, Recordings)

With the Studio Pass, the Provider supplies digital content (in particular recordings, PDFs and library materials) without a physical data carrier. Before provision begins, the Provider expressly asks the Member to consent to provision starting before expiry of the 14-day withdrawal period. By giving this consent, the Member also confirms losing the right of withdrawal as soon as provision begins. If the Member does not grant this consent, provision begins only after the withdrawal period has expired. After booking, the Member receives confirmation of this consent by email (§ 356 (5) BGB, § 312f BGB).

§ 16.2a Expiry of the Right of Withdrawal for Services (Atelier Live Sessions)

The Atelier Season is a time-limited, curated service; its paid main performance comprises the live sessions of the season, the associated season materials and personal feedback up to and including the concluding capstone session. With completion of the capstone session, the service is considered fully performed. So that the Member can already participate from the start of the season, the Provider expressly asks the Member, before commencement, to consent to performance taking place before expiry of the withdrawal period; the Member thereby confirms that the right of withdrawal expires upon full performance. Subsequent free access to the alumnus archive is not a contractually owed performance but an acknowledgement by the Provider and has no effect on expiry (§ 356 (4) BGB).

§ 16.2b Consequences without Consent

If the Member does not grant the consent under § 16.2 or § 16.2a, the Provider only begins provision or performance after expiry of the full 14-day withdrawal period. In the event of withdrawal within that period, no provision takes place. If for the Atelier the season begins before expiry of the withdrawal period and the Member declines the consent, the Provider is entitled to withdraw from the season contract (§ 323 BGB by analogy); amounts already paid will in this case be refunded in full.

§ 16.3 Withdrawal Button (§ 356a BGB)

(1) In addition, a withdrawal button is available at studio.daria.gallery/widerruf. The button is accessible without login.

(2) Withdrawal is effected via a two-step procedure:

  • First button: „Withdraw contract" — leads to a confirmation page with a mandatory form.
  • Mandatory fields on the confirmation page: name, contract identification (order number or Member ID), email address for receipt confirmation. Indicating a reason for withdrawal is optional.
  • Second button: „Confirm withdrawal".

(3) After clicking the confirmation button, the Member promptly receives an automatic email confirmation with the content of the withdrawal declaration, date and time.

§ 16.4 Consequences of Withdrawal

(1) In the event of effective withdrawal, the mutually received services shall be returned and any benefits received shall be surrendered. Refunds are processed within 14 days.

(2) If the Member has already received access to digital content and has not caused the right of withdrawal to expire by consent under § 16.2, the Member owes no compensation for the use already drawn (§ 357a (3) BGB).

§ 16.4a Value Compensation on Withdrawal during an Ongoing Atelier Season

(1) If the Member withdraws from an Atelier contract after having expressly requested under § 16.2a that performance of the service begin before expiry of the withdrawal period, the Member owes value compensation for the services already rendered up to receipt of the withdrawal declaration (§ 357a (2) BGB).

(2) The value compensation is calculated pro rata, in proportion of the live sessions already held up to withdrawal to the total number of live sessions scheduled for the season, measured against the agreed Atelier price: compensation = (live sessions held / total number of live sessions) × Atelier price.

(3) Decisive for the total number of live sessions is the number stated in the respective season offer at the time the contract was concluded. A live session that has begun counts as held. The Provider refunds the amount remaining after deduction of the value compensation without undue delay, at the latest within fourteen days of receipt of the withdrawal declaration.

§ 17 Member Content (User-Generated Content), License

§ 17.1 Ownership of Content

(1) All content uploaded by the Member to the Studio — in particular posts in Drawing Rooms, direct messages, reactions, images, videos, PDFs, submissions, application texts and profile texts — remains the copyright property of the Member or the respective rights holders.

(2) The Member ensures that they are entitled to upload the content and do not infringe any third-party rights (in particular copyright, trademark, personality and data protection rights). When uploading content that makes third parties recognisable (e.g., persons in photographs), the Member warrants having obtained the necessary consents.

(3) Indemnification. If content uploaded by the Member infringes third-party rights, the Member indemnifies the Provider against all third-party claims arising therefrom, insofar as the Member is responsible for the infringement. This includes reasonable costs of necessary legal defence. The Provider will inform the Member of any claim without delay and give them the opportunity to comment.

(4) Direct messages. Direct messages between Members are not actively monitored or pre-moderated by the Provider. Upon a report under § 18.2, the Provider will examine reported content and take reasonable measures.

§ 17.2 Granted Rights of Use

(1) Rights to own content. The Member remains the author of their content. So that the Provider can operate the platform, the Member grants the Provider a simple, non-transferable and free right of use for the duration of membership. This right of use extends only as far as is necessary for the platform service and is limited to:

  • storing, displaying and making the content available to the respective authorised recipient group (e.g., the Atelier class, the Pass Members, the recipient of a direct message);
  • technical conversions (e.g., image compression, video transcoding);
  • backups and the remediation of technical malfunctions.

(2) Measures in case of rule violation. If content violates § 18 of these Terms or statutory provisions (in particular personality rights, third-party copyrights, requirements of the Digital Services Act), the Provider may shorten, redact or remove it. Such measures are taken to the extent necessary to fulfil the statutory obligation or to safeguard the legitimate interests of third parties. The Member is informed of the measure and its reason in accordance with Art. 17 DSA.

(3) The right of use under paragraph 1 ends, to the extent technically possible and subject to § 17.4, upon deletion of the account. For content that the Member has published in shared discussion rooms (Drawing Rooms) or in an Atelier class, the right of use continues to exist after deletion of the account, to the extent this remains necessary to preserve the integrity of the discussion for the other Members; the Member's right to request removal within reasonable limits (§ 17.4 (4)) remains unaffected.

(4) Transfer to third parties does not take place. Technical processors (hosting, email delivery, payment service providers, cf. Privacy Policy) are not third parties within the meaning of this clause.

(5) For advertising use outside the platform (use in marketing materials, posts on social media, sales pages with concrete personal content), the Provider obtains separate written consent.

(6) Automated extraction of Member content for the purposes of text and data mining, in particular for the training of generative AI models, is not undertaken by the Provider and not permitted to third parties. The Members for their part reserve the right pursuant to § 44b (3) UrhG vis-à-vis third parties; exploitation of their content for text and data mining purposes is not permitted without their consent.

§ 17.3 Submissions in the Atelier

(1) For Atelier submissions, § 17.2 applies accordingly with the proviso that visibility is limited to the Atelier class.

(2) The Provider uses submissions to create feedback. Publication beyond the Atelier class only takes place with the Member's separate consent.

§ 17.4 Consequences of Account Deletion

(1) Upon deletion of the account, the Member's personal data is anonymised, to the extent statutory retention obligations do not preclude this.

(2) Content in shared Drawing Room threads and on Atelier class surfaces is retained for reasons of discussion integrity and to protect the legitimate interests of the other Members (legal basis: Art. 6 (1) f GDPR); the author is replaced in the display by „Deleted Member". The Member is entitled to the right of objection pursuant to Art. 21 GDPR.

(3) Direct messages between the Member and other Members remain visible to the respective communication partner; the author is also anonymised. Substantive deletion of individual messages is possible via the standard delete function.

(4) Upon request, the Provider also deletes content covered by paragraphs 2/3 within what is statutorily reasonable, provided this does not infringe overriding interests of other Members or statutory retention obligations.

§ 18 Conduct in the Studio, House Rules, Suspension

§ 18.1 Rules of Conduct

(1) Members undertake to communicate in the Studio respectfully and constructively. In particular, the following are prohibited:

  • discriminatory, insulting, threatening, violence-glorifying or pornographic content;
  • non-consensual intimate imagery (NCII);
  • spam, commercial advertising without the Provider's consent, pyramid schemes;
  • the dissemination of unlawful content or the commission of unlawful acts via the platform;
  • harassment of other Members, in particular through repeated unwanted contact;
  • the attempt to circumvent technical protective measures or otherwise manipulate the platform;
  • account sharing or transfer of access credentials.

(2) The exact community guidelines are published on a separate page and are part of these Terms.

§ 18.2 Reporting Mechanism (Notice-and-Action under DSA)

(1) Members and third parties can report allegedly unlawful or § 18.1-violating content to the Provider via the report button integrated in the Studio and at the email address abuse@daria.gallery. This address is at the same time the single point of contact for users and authorities within the meaning of Art. 11 and 12 DSA. Communication may take place in German or English (Art. 11 (3) DSA).

(2) The Provider examines incoming reports promptly and decides on measures at its dutiful discretion.

(3) If content is removed or an account is restricted, the affected author receives a reasoned notice indicating the cause and the opportunity to comment.

§ 18.3 Measures in Case of Breach

(1) In case of a breach of § 18.1, the Provider may take the following measures at its dutiful discretion:

  • Notice and request to change conduct (in less serious cases);
  • Removal or redaction of individual content stating the reason;
  • Temporary restriction of the Member's posting rights (posting restriction); read and Pass access remain unaffected. The restriction is time-limited from the outset and ends automatically once the set period expires;
  • Suspension of the account in serious or repeated cases, in the case of a Studio Pass combined with extraordinary termination pursuant to § 14.2 (5) or § 314 BGB.

(1a) The choice of measure follows the principle of proportionality, in particular the severity and repetition of the breach. The Member is informed of the respective measure and its reason in accordance with Art. 17 DSA.

(2) Before a suspension, the Member is — to the extent the severity or urgency permits — given an opportunity to comment within a reasonable period.

(3) In case of suspension for serious breach (in particular § 18.1, 1.–3. bullet points), the Provider may refuse a refund to the extent appropriate after weighing the severity of the breach and the contract service not yet used. The portion of the contract service already provided by the time the suspension takes effect may be retained; no flat-rate penalty beyond that is imposed.

(4) In case of suspension not based on a serious breach (e.g., for operational reasons, hardship), the pro rata value of the service not used is refunded.

§ 18.4 Appeal, Comment

(1) The Member can submit written comments on a suspension or content removal within fourteen days of notification (by email to legal@daria.gallery). The Provider examines the comment and communicates the result within a reasonable period.

(2) The possibility of data subject access, data portability and account deletion under the GDPR remains unaffected by a suspension.

§ 19 Recording of Live Sessions

§ 19.1 Recording by the Provider

(1) Live sessions in the context of an Atelier Season and, where applicable, Studio Hours (Pass format) are recorded by the Provider and subsequently made available to the respective Atelier class or Pass Member community.

(2) Only the Provider's stream (image and audio) is recorded. Audio contributions or images of participants are not part of the recording; participant input takes place exclusively via the live session's text chat and is not recorded.

§ 19.2 Recording Prohibition for Participants

(1) Participants are prohibited from recording, filming, copying or sharing live sessions or recordings provided themselves — in any form.

(2) Excluded are purely personal notes in text or sketch form and stills created exclusively for personal, non-public use.

(3) A violation of this clause entitles the Provider to extraordinary termination pursuant to § 14.2 (5) or to suspension pursuant to § 18.3.

§ 19.3 Confidentiality of the Atelier Class

(1) Content from the Drawing Room of an Atelier Season, in particular personal submissions of other Members and the feedback given by the Provider, are confidential and not intended for sharing outside the Atelier class.

(2) The confidentiality continues to apply after the end of the Atelier Season, in particular for alumni accesses to the archive.

§ 20 Availability, Force Majeure

(1) The Provider endeavours to ensure continuous availability of the Studio and Gallery surfaces. No particular availability is guaranteed. In particular, maintenance windows, software updates, outages of third-party services used, security incidents and other events not within the Provider's responsibility may cause temporary restrictions.

(2) In case of a significant and prolonged non-availability of Pass services (over several consecutive days), the Provider will grant affected Members upon request a pro rata credit on the next billing period or extend the Pass period accordingly. For Atelier Seasons, § 14.2 (extraordinary right of termination) applies accordingly if essential sessions fall through and cannot be made up within a reasonable time. The Member's statutory rights under § 9a of these Terms as well as §§ 327c, 327i et seq. BGB remain unaffected.

(3) In case of force majeure (in particular medically certified prolonged illness of the Provider, official orders), the Provider will inform Members and seek appropriate solutions together with them (postponement, replacement date, possibly pro rata refund).

§ 21 Changes to these Terms

(1) The Provider may change these Terms to the extent this becomes necessary due to (a) adaptation to changed legal conditions or supreme court case law, (b) adaptation to changed factual circumstances (e.g., new functionalities, changed technical infrastructure), (c) correction of regulatory gaps or obvious editorial errors.

(2) Changes affecting the contractual balance. If the Provider changes main duties, prices, term, cancellation modalities or other essential contractual elements in a way that noticeably disadvantages the Member, it actively obtains the Member's consent before the change takes effect. Consent is given by express confirmation — either at the next login on the platform or via a confirmation link in a separate email. The Provider announces the planned changes at least 30 days before the planned effective date in text form.

(3) Consequences of refusal. If the Member does not consent, the previous version of these terms continues to apply until the end of the current billing period. Thereafter, both the Member and the Provider may terminate the contract extraordinarily with effect at the end of the period. If the Provider terminates the contract, it refunds amounts already paid in advance on a pro rata basis from the termination date. If the Member does not respond by the effective date, this counts as refusal — a fiction of consent by silence expressly does not take place.

(4) Clarifying and legally required adaptations take effect without active consent — for instance adaptations to mandatory law or supreme court case law, changes that are exclusively beneficial to the Member, or purely editorial corrections (typographical errors, updated addresses or legal references). The Provider informs the Member by email about the date of taking effect.

(5) The current version of these Terms is always available at daria.gallery/agb. Upon contract conclusion, the version in force at the time becomes binding; this version is documented in the order record with the order.

§ 22 Final Provisions

(1) Should any provision of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

(2) No oral side agreements exist.

(3) The place of performance for all services of the Provider is Essen.

Version: 30 May 2026