Terms and Conditions

Night Embroidery - Itamar Yehiel & Shir Koren GbR

§1 Scope and Contracting Party

These Terms and Conditions ("Terms") govern all contracts for the purchase of artworks between Night Embroidery GbR, represented by its partners Itamar Yehiel and Shir Koren, Bevernstr. 4, 10997 Berlin, Germany ("we", "us") and the buyer ("you"), concluded via itamar-y.art, by email, or by other means of direct communication.

We work with private collectors, galleries, institutions, and other businesses. Where these Terms distinguish between "consumers" and "businesses," the definitions of the German Civil Code (BGB) apply: a consumer (Verbraucher) is a natural person acting for purposes outside their trade or profession; a business (Unternehmer) is a natural or legal person acting for purposes within their trade, business, or profession.

§2 Conclusion of Contract

The presentation of artworks on our website, social media, or in a newsletter does not constitute a binding offer, but an invitation for you to make an inquiry.

A contract is concluded when you inquire about a specific, available artwork (or request a commission) and we confirm the sale in writing (by email), stating the artwork, price, and, where applicable, delivery terms. Until this written confirmation is sent, we reserve the right to sell the artwork to another buyer, as each piece is unique and one of a kind.

For commissioned works, the contract is concluded once we have agreed in writing on the scope of the commission, price, and estimated completion date, and, where applicable, received the agreed deposit.

§3 Prices and Payment

All prices are quoted in Euro (EUR) unless otherwise agreed in writing (for example, in US Dollars for sales arranged through our partner gallery in New York). Prices for consumers include statutory German VAT, unless a specific price is stated as net (e.g., for export deliveries outside the EU, which may be VAT-exempt under German export rules).

Payment is due by bank transfer (SEPA) or another method agreed with you, according to the terms stated in our invoice. For commissioned works, we may request a deposit before work begins, with the balance due before delivery.

Ownership of the artwork remains with us until full payment has been received (retention of title, Eigentumsvorbehalt).

§4 Delivery, Shipping, and Risk

We ship within the EU and internationally, including to the United States, using insured art couriers. Shipping costs are calculated based on destination, size, and value of the artwork and will be communicated to you before the contract is concluded.

You are responsible for any import duties, customs fees, or local taxes charged in your country of destination. These are not included in the purchase price or shipping cost.

If you are a business (Unternehmer), risk of accidental loss or damage passes to you once the artwork is handed to the carrier. If you are a consumer (Verbraucher), risk passes to you only once the artwork is delivered to you, as required by German law — we remain responsible for loss or damage in transit until that point, provided the shipment is properly insured.

§5 Right of Withdrawal for Consumers

This section applies only if you are a consumer and the contract was concluded exclusively through means of distance communication (our website, email, or phone), without your physical presence at the time of purchase — for example, not if you buy an artwork in person at our studio or at a fair.

a) Ready-made artworks

If you purchase an artwork that already exists as a finished piece at the time of your order, you have a statutory 14-day right of withdrawal.

Right of Withdrawal

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

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

To exercise the right of withdrawal, you must inform us (Night Embroidery, Itamar Yehiel & Shir Koren, Bevernstr. 4, 10997 Berlin, Germany, itamar.y.art@gmail.com) of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for supplementary costs from choosing a delivery type other than the least expensive standard delivery we offer), without undue delay and in any event not later than 14 days from the day we receive the returned artwork back, or, if earlier, the day you supply evidence that you have sent the goods back. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise, and you will not incur any fees as a result of the reimbursement.

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

You must return the artwork to us at Bevernstr. 4, 10997 Berlin, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send the artwork back before the 14-day period has expired.

You bear the direct cost of returning the artwork. Given the value and fragility of the work, we strongly recommend using an insured, trackable art courier for the return shipment.

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

Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract)

To: Night Embroidery, Itamar Yehiel & Shir Koren, Bevernstr. 4, 10997 Berlin, Germany, itamar.y.art@gmail.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following artwork (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

b) Commissioned / made-to-order artworks

If the artwork is created specifically for you following a commission — for example, made to your specifications, size, materials, or subject matter — the right of withdrawal described above does not apply, in accordance with § 312g (2) no. 1 of the German Civil Code (BGB), because the goods are manufactured according to your specifications and clearly personalized to your order.

We will always confirm before you place a commission whether the piece qualifies as made-to-order and is therefore excluded from the right of withdrawal.

§6 Warranty and the Nature of Handmade Work

Each artwork is entirely handmade using embroidery techniques and natural materials (thread, and in some works, gold). As with any handmade object, slight variations in texture, stitching, color, and dimensions from photographs or descriptions are part of the nature of the work and do not constitute a defect.

Statutory warranty rights (Sachmängelhaftung) apply as provided by German law. For consumers, the statutory warranty period is two years from delivery. For businesses, statutory warranty periods and conditions under German commercial law (HGB) apply, including the obligation to inspect goods and notify defects without delay (§ 377 HGB).

§7 Certificate of Authenticity

Each artwork is supplied with a certificate of authenticity and a unique catalog number, inscribed on the reverse of the work, which corresponds to our internal work index. Please retain this certificate, as it may be required to register for our Collector Space or to establish provenance for resale, insurance, or loan purposes.

§8 Copyright and Reproduction Rights

The purchase of an artwork transfers ownership of the physical object only. Copyright and all reproduction rights in the artwork remain with Itamar Yehiel as the artist, in accordance with German copyright law (Urheberrechtsgesetz). You may not reproduce, photograph for commercial use, or create derivative works from the artwork without prior written permission, except for private, non-commercial documentation (e.g. insurance records) or press coverage of an exhibition featuring the work with appropriate attribution.

§9 Liability

We are liable without limitation for damages arising from injury to life, body, or health caused by us, and for damages caused by intent or gross negligence. For damages caused by ordinary negligence, we are liable only for the breach of a material contractual obligation (wesentliche Vertragspflicht), and in this case liability is limited to the foreseeable, typically occurring damage. This limitation does not affect liability under the German Product Liability Act (Produkthaftungsgesetz) or any liability we have assumed under an express guarantee.

§10 Data Protection

Your personal data is processed in accordance with our Privacy Policy, available at itamar-y.art/privacy-policy.

§11 Dispute Resolution

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).

§12 Final Provisions

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of any protection granted by mandatory provisions of the law of the country in which you have your habitual residence.

If you are a business, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin, Germany.

Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.

We may amend these Terms from time to time; the version published on our website at the time of your inquiry applies to your contract.

§13 Contact

Night Embroidery — Itamar Yehiel & Shir Koren GbR Bevernstr. 4, 10997 Berlin, Germany Email: itamar.y.art@gmail.com Phone: Itamar +49 163 7037386 · Shir +49 163 7037421

Last updated: 13/8/2026