Terms of service

Terms of Service

§ 1 scope

(1) The following general terms and conditions apply to all contracts concluded between ArteDei, Kratochwjlestrasse 12, Tower 2, Top 51, 1220 Vienna, Austria and the customer.
(2) All services, deliveries and services of ArteDei are carried out exclusively on the basis of the terms and conditions listed here, provided that these have been effectively included in the contract.
(3) Individual subsidiary agreements are only valid if ArteDei has given them a written confirmation.

§ 2 contract / contract performance

(1) Offers for the product and service range of ArteDei from brochures, advertisements and on the Internet are subject to change and non-binding. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the "Send order" button, the customer places a binding order for the goods contained in the shopping cart. The receipt of the customer order is confirmed together with the acceptance of the order and the sending of the invoice immediately after sending by an automated email. With this email confirmation, the purchase contract has been concluded. Changes and cancellations can no longer be accepted at this time.
(2) ArteDei does not save the text of the contract separately. The order data will be made available to the customer in the email confirmation. The current version of the General Terms and Conditions can be downloaded and downloaded from ArteDei.de.
(3) In individual cases, ArteDei reserves the right to refuse orders that do not meet ArteDei's requirements or whose client is known to be unworthy of credit.
(4) ArteDei only accepts orders and delivery addresses within the Federal Republic of Germany, Austria, Switzerland, Luxembourg, Liechtenstein, France, Italy, Belgium, the Netherlands & Spain. Any payments that have already been made will be transferred back minus transaction fees or credited back to the credit card account.

§ 3 copyright

(1) The originator of the designs and images offered on ArteDei.de is not ArteDei itself, but a respective partner of ArteDei, the customer himself or another third party.
(2) The respective partner has granted ArteDei an unrestricted right of use for all images and designs that are offered on the ArteDei website. ArteDei therefore has the right to use the respective images for all products offered on the site and to grant the customer a respective right of use for his end product. The delivered end product is therefore free of third party rights.
(3) The uses of the designs and images described in paragraph 2 do not conflict with copyrights, property rights or other rights of third parties. The respective partner ArteDei has confirmed this in writing.
(4) By purchasing a product with the content of the motifs provided on ArteDei.de, the customer acquires only the real property of the product. Rights of use for the reproduction of any kind, distribution, processing as well as for public access are not included.
(5) The customer is permitted to resell the product.

§ 4 Obligations of the customer

(1) The customer confirms with the process of uploading image data that he has the right to reproduce and distribute this data. Due to the automated process of processing, ArteDei does not manually check or correct the data. (2) The customer assures that all files and their contents, which ArteDei provided by the customer for the execution of the contract, do not violate applicable rights. (3) The customer guarantees in particular that
A) that no racist templates, materials and content glorifying, inciting, racism, propaganda, identifying unconstitutional parties or their replacement organizations, or instructions on criminal offenses; pornographic templates, materials or content that are the subject of child sexual abuse or sexual activity with animals, and also that are not sent to ArteDei in a discriminatory manner or in terms of race, gender, religion, nationality, disability, sexual orientation or age;
B) that no laws protecting youth or criminal laws are violated. This applies in particular to the legal regulations of §§ 184 ff StGB (distribution of pornography), 185 ff StGB (insult, defamation, defamation) as well as to the provisions of the youth media protection state treaty;
C) that the templates (especially image and text files), content and materials sent to ArteDei do not violate any copyrights, trademarks or other property rights of third parties, general personal rights or other rights of third parties.

§ 5 delivery, delivery times

(1) Unless other written agreements have been made, delivery is usually made ex works by ArteDei.
(2) Partial deliveries are permitted up to an amount that is acceptable to the customer. Each partial delivery is considered an independent delivery. If, in exceptional cases, partial deliveries are unreasonable for the customer, the customer will not be charged for the resulting costs.
(3) ArteDei always endeavors to adhere to the delivery times specified when the contract is concluded. If ArteDei is unable to meet the agreed deadlines in exceptional cases, the customer is free to withdraw from the contract in accordance with the following provisions.
(4) The grace period for delivery is set by ArteDei at two weeks. The period begins when ArteDei receives the customer's grace period. If the grace period is unreasonable for the customer for certain reasons, this is not valid. In particular, this is the case if there is no interest in setting a grace period for compelling legal reasons or if it is a fixed transaction.
(5) In the event of delivery disruptions which were not culpably caused by ArteDei and which cannot be influenced by ArteDei, ArteDei reserves the right to withdraw from the contract, provided that the obstacle to performance is not of a temporary nature, without any obligation to pay compensation. This applies in particular to acts of God. ArteDei is not in default of delivery for the period of the obstacle. Services already paid will be reimbursed in the event of cancellation.
(6) As long as the customer is in default of payment, ArteDei will cease all services to the customer. Payments are offset against outstanding claims, interest and open costs in chronological order.
(7) If you exercise your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40 euros or if you have a higher price of the item have not yet made the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free for you.
§ 6 terms of payment
(1) The purchase price is due immediately upon conclusion of the contract. The amount due will be debited in advance. Direct debit and credit card debit take place when the order is completed.
(2) All prices are end customer prices, which include the statutory sales tax.
(3) Payment is made by credit card, direct debit, PayPal, Sofortüberweisung, Amazon Payments, hire purchase or invoice.
(4) If the customer does not meet his payment obligations, ArteDei is entitled to make the entire remaining debt payable. This is especially true when payments are discontinued or reversed and the general creditworthiness is in question.
(5) If the customer is responsible for a direct debit from direct debits or credit card reversals, ArteDei reserves the right to charge a processing fee appropriate to the individual case.
(6) Shipping costs of all kinds including packaging, transport costs, transport insurance and deliveries will be charged to the customer. Prices and incidental costs are calculated according to the current shipping price lists of ArteDei.
(7) Additional shipping costs that arise due to the specification of incorrect delivery addresses or addressees will be invoiced to the customer, provided the customer is responsible for the incorrect information.

§ 7 retention of title

(1) Information, drawings, illustrations, technical data, weight, measurement and performance descriptions contained in brochures, catalogs, circulars, advertisements or price lists are for information only. ArteDei does not guarantee the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order and the invoice is decisive.
(2) If no written guarantee has been given, there is no guarantee for the fading or water resistance of printed products. ArteDei points out that products that have not been specifically designated for outdoor use are only intended for use in closed rooms.
(3) The terms and specifications specified when the contract was concluded represent the technical status at this time. Minor technical deviations (in particular image cropping and color of the printout) of the delivered goods from the advertised goods are permissible and do not constitute errors insofar as they are common in the trade Move the frame and the contractual purpose is not significantly restricted. Images that are cropped may, as is customary in the commercial framework, vary slightly, but not significantly, from the specified sizes. Slight, customary, color differences in the printout may occur if the customer's monitor is calibrated otherwise and not in color. Black and white printouts can contain a small, commercially available color cast due to the color printing. Complaints, credit notes and substitute prints in this regard are excluded, unless the deviation is outside the normal range.
(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur (§ 14 BGB), the limitation period is one year.
(5) The claims of the customer from the guarantee presuppose that the customer, insofar as the customer is a merchant, has fulfilled his obligations to examine and to give notice of defects, which are due under the German Commercial Code.

§ 8 warranty

(1) Information, drawings, illustrations, technical data, weight, measurement and performance descriptions contained in brochures, catalogs, circulars, advertisements or price lists are for information only. ArteDei does not guarantee the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order and the invoice is decisive.
(2) If no written guarantee has been given, there is no guarantee for the fading or water resistance of printed products. ArteDei points out that products that have not been specifically designated for outdoor use are only intended for use in closed rooms.
(3) The terms and specifications specified when the contract was concluded represent the technical status at this time. Minor technical deviations (in particular image cropping and color of the printout) of the delivered goods from the advertised goods are permissible and do not constitute errors insofar as they are common in the trade Move the frame and the contractual purpose is not significantly restricted. Images that are cropped may, as is customary in the commercial framework, vary slightly, but not significantly, from the specified sizes. Slight, customary, color differences in the printout may occur if the customer's monitor is calibrated otherwise and not in color. Black and white printouts can contain a small, commercially available color cast due to the color printing. Complaints, credit notes and substitute prints in this regard are excluded, unless the deviation is outside the normal range.
(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur (§ 14 BGB), the limitation period is one year.
(5) The claims of the customer from the guarantee presuppose that the customer, insofar as the customer is a merchant, has fulfilled his obligations to examine and to give notice of defects, which are due under the German Commercial Code.

§ 9 limitation of liability

(1) ArteDei has unlimited liability for damage that is attributable to willful or grossly negligent behavior, as well as for damage due to lack of title and lack of assurances. This also applies to indirect consequential damage such as loss of profit in particular.
(2) ArteDei is only liable for damage to consumers that can be attributed to slight negligence if a duty (cardinal duty) is violated, compliance with which is of particular importance for the achievement of the contractual purpose. Liability is limited to the damage typically foreseeable when the contract was concluded and to double the order value. This also applies to indirect consequential damage, such as loss of profit in particular.
(3) For damage by entrepreneurs that can be attributed to slight negligence, liability is limited to the damage typically foreseeable at the time the contract was concluded and to double the order value. This also applies to indirect consequential damage, such as loss of profit in particular.
(4) All liability limitations in paragraphs 1 to 3 apply mutatis mutandis in favor of legal representatives, employees and agents of ArteDei.
(5) ArteDei is liable in any case for damage to life, limb and health. Liability under the Product Liability Act remains unaffected.

§ 10 data protection

With regard to data protection, ArteDei's data protection information applies.

§ 11 right of withdrawal

The right of withdrawal and return for distance contracts is excluded if the goods are made according to the specifications of the customer and are tailored to his personal needs. For this reason, all photo products manufactured by ArteDei, including products from the ArteDei motif world, are excluded from the right of return.

§ 12 Destruction of the material sent

(1) All data carriers and templates provided by ArteDei for the fulfillment of the contract by the customer will be irrevocably destroyed by ArteDei after the contract has been executed. If the customer expressly expresses the wish to receive the sent material back at the time of the order, ArteDei will of course send the documents back to the customer. The customer bears the shipping costs.
(2) For guarantee purposes and for improvement requests, ArteDei reserves the right to make a backup copy of all files and templates submitted. The backup copy is used by ArteDei exclusively for the purpose of rectification. The files are stored on a server rented by ArteDei. The data can be irrevocably deleted by ArteDei at any time and without informing the customer. When this happens is entirely up to ArteDei.

§ 13 system integrity and disruption of the website

(1) The user is prohibited from using mechanisms, software or other scripts in connection with the use of the ArteDei website, which can influence the functionality of the ArteDei website.
(2) Measures which can result in an unreasonable or excessive load on the ArteDei infrastructure may not be taken. The user of the website may not block, overwrite or modify any content generated by ArteDei. All interventions that interfere with the ArteDei website are prohibited.
(3) Content stored on the ArteDei website may not be copied, distributed, used or reproduced in any other way, unless the consent of the rights holder is obtained. This applies in particular to copying by automatic mechanisms or by means of "robot / crawler" search engine technologies.
(4) The customer is obliged to treat the password chosen by him or a password generated by ArteDei in order to use his customer account with ArteDei confidentially and to protect it against misuse. The customer is liable for damage resulting from misuse of the customer account or personal password.

§ 14 final provision

(1) The relationships between the customer and ArteDei are subject exclusively to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
(2) The language available for the conclusion of the contract is German.
(3) Place of jurisdiction for any disputes arising from the business relationship between the customer and ArteDei insofar as the customer, merchant, legal entity under public law or special fund under public law, or has no general place of jurisdiction in Germany or after the contract has been concluded, relocates abroad or his place of residence is not known at the time the action is filed, is the seat of ArteDei. Vienna / Austria is the exclusive place of jurisdiction for lawsuits against ArteDei. Mandatory statutory provisions on exclusive jurisdictions remain unaffected by this regulation.
(4) Should individual provisions of these conditions be wholly or partially ineffective or contradict the legal regulations, this does not affect the effectiveness of the rest of the contract.
(5) ArteDei reserves the right to change the terms and conditions at any time and without giving reasons. The customer is made aware of a change on the page. In the event of changes to the General Terms and Conditions, the customer's new consent is required.
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