Terms of service

PREAMBLE
Each original artwork is a unique one-of-a-kind piece – created through an intensive creative process. The works bear Collins' signature on the back and are accompanied by an individually issued and hand-signed certificate of authenticity. To protect the surface, each painting is sealed with a high-quality varnish that provides lasting protection against dust and fading due to light exposure. However, artworks are always subject to environmental influences, and their appearance and colors may change or fade over time. To ensure long-term enjoyment of the artwork, please avoid exposing the artworks, frames, or prints—either fully or partially—to direct sunlight, do not hang them directly above heating sources, and avoid exposing them to humidity levels above that of normal living spaces. Therefore, artworks, frames, and prints are not suitable for outdoor areas, basements, bathrooms, or kitchens.

Contractual Partner and Owner of these Terms and Conditions
Sabrina Elßel
Breeny Collins
Regattastraße 146
12527 Berlin
Email: hello@breenycollins.com

Our Terms and Conditions are intended to regulate the business relationship between you and us in a binding and fair manner. The basis for any order and contract is always the following General Terms and Conditions of Breeny Collins, which you acknowledge and accept when placing an order with us. You can view the Terms and Conditions on this page.

OVERVIEW
This website is operated by Sabrina Elßel, trading under the artist name "Breeny Collins". Throughout the site, the terms “we”, “us” and “our” refer to Breeny Collins. Breeny Collins offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon 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 (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized 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 or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and (a) involve transmissions over various networks and (b) may be modified 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, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is 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 timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Right of Withdrawal
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 descriptions of products or product pricing are subject to change at any time without notice, 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 site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at our store. 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.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have 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 and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 – 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 the content or accuracy, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific 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 postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, 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 have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or 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, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which you can view here: Privacy Policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Breeny Collins, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Breeny Collins and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

SECTION 19 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at hello@breenycollins.com.

SECTION 21 – CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. The products you select by clicking the “Add to Cart” button are summarized for you again at the end of the ordering process in an order overview, and you will be asked to review your information via the "Review Order" button. By clicking the “Buy Now” button, you submit your order data and make a binding offer to Breeny Collins to purchase the listed products. We accept your offer automatically upon receipt of your order. Immediately after submitting your order, you will receive an order and contract confirmation by email, listing the details of your purchase again.

The text of your order will be stored by us and can be provided upon request after your order has been completed. Breeny Collins recommends printing out your order details and the Terms and Conditions valid at the time of ordering for your own records. The contract language is German.

Please note that we only sell products in typical household quantities.

SECTION 22 – PRICES, DUE DATE AND PAYMENT, DEFAULT
The prices listed in the online shop do not include shipping costs. According to § 19 of the German VAT Act (UStG), no VAT is charged. Shipping costs are clearly stated again in the cart and on the order page. You can find shipping information here: Shipping Costs

If the customer’s account lacks sufficient funds or if the customer unjustifiably objects to a direct debit, Breeny Collins may charge a processing fee of EUR 5.00.

Payment is due immediately upon conclusion of the contract. Payment must be received by us within a maximum of 5 business days, otherwise the order must be canceled.

If you default on payment, Breeny Collins is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate published by the European Central Bank per annum for consumers, and 9 percentage points above the base interest rate for businesses. Furthermore, Breeny Collins may charge a flat fee of €2.50 per reminder notice, except for the first reminder. If Breeny Collins can prove a higher damage caused by the delay, it is entitled to claim that amount.

You have the right to prove that Breeny Collins has suffered no damage or significantly less damage than the flat fees stated above.

Accepted payment methods:

  • PayPal

  • Visa

  • Mastercard

  • Maestro

  • American Express

  • Apple Pay

  • Google Pay

  • Klarna

SECTION 23 – RIGHT OF WITHDRAWAL
Consumers have a statutory right of withdrawal.
The cancellation policy can be found here: Right of Withdrawal

SECTION 24 – DELIVERY
Unless otherwise agreed, delivery is made from our warehouse to your address or the delivery address provided by you. We reserve the right to make partial deliveries if this is reasonable for you. Delivery time within Germany is approximately 6 business days.

SECTION 25 – SET-OFF, RIGHT OF RETENTION
You are only entitled to set-off if your counterclaims have been legally established or recognized by Breeny Collins. You are also entitled to set-off if you assert complaints or counterclaims from the same purchase contract. Additionally, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

SECTION 26 – RETENTION OF TITLE
The delivered goods remain the property of Breeny Collins until full and final payment has been made.

SECTION 27 – WARRANTY
The statutory warranty rights apply unless expressly agreed otherwise.

For artworks individually created for the customer, minor deviations in color, format, or material may occur – these do not constitute defects.

If you are an entrepreneur as defined in § 14 of the German Civil Code (BGB), your claims for defects require that you have complied with your statutory obligations to inspect and give notice of defects (§§ 377, 381 of the German Commercial Code – HGB). If a defect becomes apparent upon inspection or later, it must be reported to us in writing without delay. The notification shall be deemed timely if it is made within two weeks, whereby sending the notice in time is sufficient to meet the deadline. Regardless of this obligation to inspect and report defects, you must notify us in writing of any obvious defects (including incorrect or short delivery) within two weeks of delivery, whereby timely dispatch of the notice is also sufficient. If you fail to properly inspect and/or report defects, our liability for the defect not reported is excluded.

SECTION 28 – LIABILITY
Breeny Collins is liable without limitation in accordance with the statutory provisions for damages:

(a) resulting from injury to life, body, or health caused by an intentional or negligent breach of duty or other intentional or negligent conduct by Breeny Collins or one of its legal representatives or agents;

(b) resulting from an intentional or grossly negligent breach of duty or other intentional or grossly negligent conduct by Breeny Collins or one of its legal representatives or agents.

Breeny Collins is liable – limited to the foreseeable, contract-typical damage – for damages resulting from the slightly negligent breach of essential contractual obligations by Breeny Collins or one of its legal representatives or agents. Essential obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer may regularly rely.

The above provisions apply accordingly to the liability of Breeny Collins for reimbursement of futile expenses.

Liability under the German Product Liability Act remains unaffected.

SECTION 29 – NO GRANTING OF RIGHTS

  • By purchasing an original painting, the buyer acquires only the tangible ownership of the physical work.

  • All copyrights, particularly the rights of reproduction, distribution, exhibition, and public display, remain with the artist Breeny Collins.

  • Use of the artwork is strictly limited to private, non-commercial purposes. Commercial use – including but not limited to the production of printed materials, digital copies, merchandise, or use in advertising – is not permitted without the express written consent of the artist.

  • Publication of the artwork (e.g., on social media or websites) is only permitted with credit to the artist and in a manner that respects her personal rights.

  • Any modification, transformation, or distortion of the work that may endanger the legitimate intellectual or personal interests of the artist is prohibited.

SECTION 30 – COLLECTION, PROCESSING AND USE OF PERSONAL DATA
All regulations regarding the protection of your data can be found in our Privacy Policy.

SECTION 31 – INFORMATION ON ONLINE DISPUTE RESOLUTION PURSUANT TO ARTICLE 14 (1) ODR REGULATION AND §§ 36 ET SEQ. VSBG
The European Commission provides a platform for online dispute resolution (ODR), which you can access at http://ec.europa.eu/consumers/odr/.
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Version as of: May 19, 2025