Terms of service
General Terms and Conditions of create.inspire.flow
1. Scope of Application
These General Terms and Conditions apply to all orders and bookings that you place with create.inspire.flow via the online shop create-inspire-flow.com and the associated Shopify product pages.
create.inspire.flow offers different types of products and services: original artworks, print-on-demand products, local Meet & Paint / Wine & Paint events, and the Creative Art Retreat. Different rules apply depending on the product or service. For this reason, these Terms distinguish between physical original products, printed products, events with a fixed date, and the Retreat.
These Terms apply to consumers within the meaning of Section 13 of the German Civil Code (BGB). If you place an order with us as an entrepreneur within the meaning of Section 14 BGB, individual provisions of these Terms may apply differently or only to a limited extent; in this case, please contact us in advance.
Supplementary special terms apply to the individual product and service categories. In the event of any conflict, the more specific terms shall prevail over the general provisions of these Terms:
Meet & Paint / Wine & Paint events → Section 10 of these Terms
Creative Art Retreat → Section 11 of these Terms
Withdrawal, returns, shipping and complaints for all product and service categories → our separate terms described at https://www.create-inspire-flow.com/en/policies/refund-policy
2. Provider / Contractual Partner
The contractual partner for all contracts concluded via the shop is:
Barsha Robbes
create.inspire.flow
Schmiedekoppel 20
23611 Bad Schwartau
Germany
Email: hi@create-inspire-flow.com
Phone: +49 173 9474377
Further information can be found in our Legal Notice at https://www.create-inspire-flow.com/policies/legal-notice
3. Overview of the Use of the Website and Platform
This website is operated by create.inspire.flow - Shop. Throughout the website, the terms “we”, “us” and “our” refer to create.inspire.flow - Shop. create.inspire.flow - Shop offers this website, including all information, tools and services available on this website, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“General Terms and Conditions”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the site, including browsers, vendors, customers, merchants and/or content contributors.
Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools added to the current store shall also be subject to these General Terms and Conditions. You can review the most current version of the General Terms and Conditions at any time on this page. We reserve the right to update, amend or replace parts of these General Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that enables us to sell our products and services to you. Additional pages on subdomains are hosted via Lovable Cloud.
4. Conclusion of Contract in the Online Shop
The presentation of our products and services in the shop does not constitute a legally binding offer on our part, but an invitation for you to submit an order to us. When you select a product or service, place it in the shopping cart and complete the checkout process, you submit a binding offer to enter into a contract by clicking the final order button (“Buy”, “Book” or “Order with obligation to pay”).
The contract is concluded as soon as we accept your order by sending an order confirmation by email or by performing the ordered service. For events and the Creative Art Retreat, your place is only bindingly reserved once the booking has been completed and the agreed payment has been received by us; until then, we cannot guarantee the place.
5. Prices and Payment
All prices stated are final prices in euros and include statutory VAT. For physical products, shipping costs may be added; these will be displayed to you in the checkout before the order is completed.
Payment is made using the payment methods offered in the checkout, which are provided by Shopify and/or the respective payment service providers. Unless otherwise stated in the checkout, the purchase price is due upon conclusion of the contract.
For the Creative Art Retreat, the total amount is generally due at the time of booking. Payment in instalments may be requested individually by email.
6. Changes to the Service and Prices
The prices of our products may be changed without prior notice.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without prior notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
7. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our refund policy: https://www.create-inspire-flow.com/en/policies/refund-policy
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8. Original Artworks
Our original artworks are handmade one-of-a-kind pieces. Due to screen display settings, lighting conditions during product photography, or the nature of the materials used, there may be slight colour and texture variations between the product photo and the actual artwork. This does not constitute a defect but is inherent in the nature of a handmade unique piece.
Shipping is carried out carefully packaged to the delivery address provided by you. Alternatively, personal handover or local delivery may be possible by arrangement and depending on the distance.
The delivered artwork remains our property until payment has been made in full (retention of title).
Statutory warranty rights apply (see Section 15). Details on withdrawal, returns and complaints, including information on careful packaging in the event of a return, can be found in our separate terms on the “Withdrawal” page.
9. Print-on-Demand Products
Posters, art prints, canvas prints and other printed products are produced only after you place your order. You select from predefined standard variants of our art motifs, for example size, format or material.
Production and shipping are carried out by our print-on-demand partner, in particular Gelato, and/or its local production partners. You may therefore receive your product directly from them and not personally from us. Delivery times may vary depending on the production location and shipping route; indicative delivery times can be found on the respective product page.
Please check your delivery address carefully in the checkout, as a later correction after production has started is not always possible.
If your product arrives damaged or faulty, please contact us and not Gelato directly. We will handle the complaint with our production partner. Your statutory rights in the event of defects remain unaffected (see Section 15).
Details on withdrawal, returns and complaints for print-on-demand products can be found in our separate terms on the “Withdrawal” page.
10. Local Meet & Paint / Wine & Paint Events
By purchasing a place, you make a binding booking for a fixed date at a fixed location. The number of available places is limited. The price includes materials, guidance and, for Wine & Paint events, one drink within the scope of the respective offer, as described on the product page.
Please arrive on time for the stated start time. If you arrive late, we cannot guarantee full participation in the programme.
As our events provide creative guidance, the works created may vary depending on prior experience, artistic freedom and personal style. A specific result is not owed.
When working creatively with paint, staining may occur. We therefore recommend that you do not wear high-value clothing. We accept no liability for damage to clothing or personal belongings, except in cases of intent or gross negligence on our part.
Alcohol is served at Wine & Paint events. Participation in alcohol consumption is at your own responsibility and is permitted only for persons aged 18 or over. We serve alcohol responsibly.
Photos and videos may be taken during an event for documentation and marketing purposes. We will only use images or recordings in which you are identifiable with your prior consent. Please let us know if you do not wish to be photographed or filmed.
In the event of insufficient participant numbers or for good cause, we may cancel an event. In this case, you will receive a full refund of the amount paid or an offer for an alternative date.
Details on cancellation, rebooking, substitute participants and withdrawal can be found in our separate terms on the “Withdrawal” page.
11. Creative Art Retreat – Special Terms of Participation
11.1 Nature of the Retreat
The Creative Art Retreat is a one-time, hosted event with a fixed date and a limited number of participants. It includes accommodation, meals, a creative programme and personal support throughout the stay. It is therefore not an ordinary purchase of goods, but a combination of services for which these special terms of participation and, additionally, separate cancellation and withdrawal terms apply.
11.2 Included Services
The Retreat includes:
- accommodation
- vegetarian meals
- creative programme and workshops
- yoga, breathwork and journaling, where included in the programme
- support throughout the Retreat
- where applicable, a wine evening, provided this is expressly stated as included on the respective product page
11.3 Services Not Included
Unless expressly stated otherwise, the Retreat price does not include:
- flights
- transfers
- travel insurance
- international health insurance
- travel cancellation insurance
- personal expenses
- additional alcoholic beverages beyond what is included in the programme
- external activities that are not expressly part of the programme
We expressly recommend that you take out suitable travel insurance in good time. You are responsible for your own travel arrangements, travel documents and personal insurance cover.
11.4 Participation and Personal Responsibility
We expect all participants to treat one another with respect and mindfulness. Participation in the individual programme elements is voluntary within the scope of the booked Retreat. If you decide not to participate in an individual session, you are not entitled to an individual substitute programme. You are responsible for ensuring that your travel arrangements, travel documents and insurance are in place in good time.
11.5 Health, Yoga & Breathwork
Participation in the entire programme, in particular yoga and breathwork sessions, takes place under your own health responsibility. Our offerings do not replace medical, psychological or therapeutic treatment. If you have health limitations, are pregnant, have pre-existing conditions or injuries, please seek medical advice in advance and contact us in good time. You may skip or adapt individual exercises at any time; please inform us in advance of any relevant limitations so that we can support you appropriately during the Retreat.
11.6 Nutrition & Allergies
The catering during the Retreat is vegetarian, but not automatically vegan. You must actively inform us in good time before arrival of any allergies, intolerances or special dietary requests so that we can adapt the meal planning accordingly. Despite careful preparation, we cannot guarantee absolute freedom from allergens; in the case of severe allergies, we ask you to consult with us individually in advance.
11.7 Accommodation, House Rules and Damage
Accommodation is provided to you as part of the Retreat. Please treat the accommodation, its furnishings and the applicable house rules with due care and consideration. Please notify us immediately of any damage. You are liable for damage caused by you culpably within the scope provided by law.
11.8 Programme Changes
Minor changes to the schedule, times, order or individual programme content may occur, for example due to weather, group dynamics, safety considerations or organisational reasons. Such adjustments are possible provided they do not substantially change the overall character of the Retreat.
11.9 Photos and Videos
Photos and videos may be taken during the Retreat for our documentation purposes. We will only use images or recordings in which you are identifiable for marketing purposes with your prior, separate consent. You may inform us at any time if you do not wish to be photographed or filmed.
11.10 Cancellation, Substitute Participant and Withdrawal
The Creative Art Retreat is additionally subject to our special withdrawal and cancellation terms for the Retreat. These set out in particular the cancellation scale, the transfer to a substitute participant, the procedure in case of non-attendance, a possible cancellation by us as organiser, and extraordinary circumstances. These rules are deliberately not repeated here in order to avoid contradictions. You can find them on the “Withdrawal” page at the following link: https://www.create-inspire-flow.com/en/policies/refund-policy
12. Vouchers, Discount Codes and Promotions
Vouchers and discount codes issued by us are valid only within the respective stated period and for the stated products or services. Cash payment is excluded. Unless expressly stated otherwise, discount codes cannot be combined with other promotions.
13. Delivery and Shipping
We ship physical products ourselves or hand them over personally by arrangement; print-on-demand products are shipped by Gelato and/or its production partners. Shipping costs will be displayed to you in the checkout before the order is completed. Please check your delivery address carefully. In the event of an incorrect address or an undeliverable shipment, we will contact you to clarify how to proceed.
Detailed provisions on delivery times, shipment tracking and the handling of transport damage can be found in our separate terms “Withdrawal, Cancellation, Shipping & Complaints” on the “Withdrawal” page.
14. Withdrawal, Returns, Cancellation and Complaints
Different rules regarding withdrawal, returns, cancellation and complaints apply to physical products, print-on-demand products, local events and the Creative Art Retreat. Full details can be found in our separate terms “Withdrawal, Cancellation, Shipping & Complaints” on the “Withdrawal” page. Your statutory rights in the event of defects remain unaffected in all cases.
15. Warranty and Liability
Statutory warranty rights apply.
We are liable without limitation for intent and gross negligence, in accordance with the provisions of the German Product Liability Act, and in the event of injury to life, body or health. In the case of slightly negligent breaches of duty, we are liable only insofar as material contractual obligations (cardinal obligations) are affected, and in that case limited to the typical, foreseeable damage under the contract.
16. Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account or credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we will attempt to notify you, where applicable, by email and/or via the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Further details can be found in our refund policy: https://www.create-inspire-flow.com/policies/refund-policy
17. Online Shop Terms
By agreeing to these General Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependants to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
18. General Conditions
We reserve the right to refuse the Service to anyone at any time and for any reason.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
19. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the materials on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obliged to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
20. Optional Tools
We may provide you with access to third-party tools that we neither monitor nor control and over which we have no influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider. We may also offer new services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or services shall also be subject to these General Terms and Conditions.
21. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and shall have no liability for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any damage or harm related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
22. User Comments, Feedback and Other Submissions
If, at our request, you send certain submissions, for example contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments or (3) to respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy rights, personality rights or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, and will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or by any third party.
23. Copyrights and Use of Creative Content
All artworks, motifs, course materials, handouts and other content of create.inspire.flow remain protected by copyright. The purchase of an original artwork or a print-on-demand product does not transfer to you any right to reproduce, commercially use or distribute the motif; private use of the purchased work is, of course, unrestricted.
Materials and handouts provided as part of workshops, events or the Retreat may not be reproduced or used commercially without our prior consent.
You retain your own rights to works that you create yourself as part of a workshop, event or the Retreat. You are welcome to share photos of your own works privately; crediting create.inspire.flow as the author of the guidance is appreciated but not mandatory.
24. Indemnification
You agree to indemnify and hold harmless create.inspire.flow - Shop and our parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against all third-party claims and demands, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or the documents incorporated by reference herein, or from your violation of any law or the rights of a third party.
25. Data Protection
The processing of your personal data is governed by our Privacy Policy, which you can access on our website. This also includes processing by the service providers we use, such as Shopify, our CRM, our hosting provider and payment service providers. For the Creative Art Retreat, this applies in particular to special participant data such as dietary and health-related information; further details can also be found in the Privacy Policy.
26. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which the consumer has their habitual residence.
The contract language is German.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
27. Severability Clause
Should any provision of these General Terms and Conditions be found to be unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
28. Amendments
You can review the most current version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace parts of these General Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.
29. Entire Agreement
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions, and any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the General Terms and Conditions.
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.