Conditions
§1 Scope & General
These General Terms and Conditions apply to individually produced images or similar works of art as well as vouchers (hereinafter referred to as "product") that are made by the artist Jasmin Wüstemann (hereinafter referred to as "seller") for customers (hereinafter referred to as "buyer").
Place of performance and performance is Kirchberg 10, 35423 Lich.
No products are directly offered for sale on the seller's website. It is only possible to create requests. These are usually answered with a corresponding offer. A legal claim to the preparation of an offer or the acceptance of an order by the seller does not result from the request of a buyer.
§2 Conclusion of contract and possibility of withdrawal
An offer is accepted by means of a declaration of intent, implied action, by e-mail, via messenger services (such as SMS or WhatsApp) or in writing.
If the buyer withdraws from the order after the order has been accepted, the down payment shown in the offer must be made in any case, should this be agreed in advance. If the execution of the order has started, the seller has the right to charge for each started hour of work.
If the seller withdraws from the contract, further compensation is excluded; any down payments made must be reimbursed. Any further claims of the buyer, in particular damages (e.g. according to §280 or §281 BGB) or claims from cover purchases are expressly excluded.
§3 Payment
The sale takes place against payment in advance. After completion of the product, the buyer receives a view of the product in a suitable, digital form (e.g. via email or messenger services such as WhatsApp). Thereafter, payment is due immediately, but no later than 14 calendar days after notification of completion. After this period, the buyer is in default of acceptance, which means that the risk is transferred to the buyer.
Payment is made by bank transfer, Paypal or cash on collection. Other payment methods can be agreed individually.
Until full payment of the total amount, the product remains the property of the seller. After full payment, the goods will be shipped or handed over upon collection at the place of performance and performance.
§4 Shipping
If the product is not picked up at the place of performance and fulfillment, it will be shipped to the address specified by the buyer. The buyer bears the packaging and shipping costs to be agreed beforehand.
The risk passes to the buyer as soon as the seller has delivered the product to the freight forwarder (according to §447 paragraph 1 BGB). Unless otherwise agreed individually, the seller is responsible for choosing the carrier.
The seller shall ensure that the product is packaged properly and is adequately protected against damaging influences. In the event of transport damage, the carrier is liable in accordance with its general terms and conditions, over which the seller has no influence. In particular, the seller assumes no liability for improper transport.
If delivery is not possible for reasons for which the seller is not responsible and the product is returned, the buyer bears the costs for a new shipment.
§5 Cancellation, Delivery Dates & Returns
The products offered are custom-made works of art, which means:
There is no right of cancellation or right of return (§312g Abs.2 BGB)
Vouchers are an exception (see §10 of the General Terms and Conditions).
There is no legal entitlement to compliance with specific delivery dates, all delivery dates are non-binding. Whenever possible, the seller always tries to accommodate the buyer's preferred dates. Should there be any postponements, the seller will inform the buyer. Further claims, in particular according to Section 280 Paragraph 2 of the German Civil Code, or a reduction in the purchase price due to changes in delivery dates are excluded in any case.
The artist (the seller) is responsible for the artistic design in relation to the image conception and details of the product. The wishes of the buyer are taken into account as far as possible, but have their limits in the artistic freedom of design of the seller. "Not liking" the product does not constitute a defect and cannot lead to a reduction in the agreed remuneration.
The size of the picture that is mentioned in the offer represents an approximate size. The size is usually given in A format according to DIN EN ISO 216 (e.g. DIN A4) in order to give the buyer an approximate idea of the size . The real dimensions depend on the size of the special drawing paper and can deviate by up to 30%. This deviation does not constitute a defect and therefore cannot lead to a reduction in the agreed remuneration.
§6 Guarantee and Warranty
The sale takes place under guarantee and warranty exclusion. The products are unique artistic pieces. The seller hands over the products free of defects to the buyer or company commissioned with the shipment. "Not satisfied" does not represent a material defect (see also §5 of the General Terms and Conditions). Further guarantee and warranty claims are excluded.
§7 Copyright and resale right
With the purchase of the product, the buyer acquires ownership. The copyright, exploitation and usage rights remain with the seller and are not granted to the buyer. The buyer is not entitled to reproduce or publicly display the product (this includes digital media) without the consent of the seller. The product is protected by worldwide copyright. The right to remuneration in the case of resale according to §26 UrhG is expressly pointed out.
§8 Release from Liability
The buyer declares that the image material provided by him is free of third-party rights in relation to the order he has placed. The buyer bears the responsibility and liability, including all financial and legal consequences, for image material submitted to produce the products. The buyer exempts the seller from any liability and claims for compensation from third parties. This also and especially applies to use for presentation purposes according to Section 9 of the General Terms and Conditions.
§9 Use for presentation purposes
The seller has the right to use a copy of the work (digital or photocopy) for advertising and presentation purposes without naming the people depicted. If the buyer or a person shown does not want this, an informal message is sufficient.
§10 Vouchers
A voucher is valid for 24 months after the date of issue. After 24 months, the value of the voucher expires without replacement.
A cancellation of the purchase of vouchers is possible within 14 days according to legal requirements. Only the value of the voucher will be reimbursed, not the cost of the voucher itself, as this is also an individual production. The return is possible beyond the statutory cancellation period up to a period of 12 months after the date of issue. The voucher value will be refunded less a processing fee of 15% of the value. A later return is excluded.
§11 Limitation of Liability
If the buyer has justified liability claims against the seller, which have not been excluded in the previous text, these are limited to the order value according to the product offer.
§12 Data protection
The data protection declaration in the currently valid version on the seller's website and §9 of the General Terms and Conditions apply.
Terms and Conditions valid from January 1st, 2019.
Data protection
Data protection declaration for general understanding:
If you send me an inquiry or an order, I will of course save your personal data. I need this to contact you, to prepare an offer and invoice.
These are usually: name, address, e-mail address and possibly telephone and account number.
As a rule, I will not pass this data on to third parties unless I am legally obliged to do so (e.g. financial or law enforcement authorities).
In particular, I do not pass on your data to advertisers or data collectors.
Of course, on this website, as on (almost) all other websites, data is collected and cookies are used that are part of the normal operation of a homepage. For example, I would like to know how many people have actually visited my homepage.
Data protection declaration according to legal requirements
basic
This data protection declaration is intended to inform the users of this website about the type, scope and purpose of the collection and use of personal data by the website operator.
The website operator takes your data protection very seriously and treats your personal data confidentially and in accordance with legal regulations. As new technologies and the constant further development of this website may result in changes to this data protection declaration, we recommend that you read the data protection declaration again at regular intervals.
Definitions of the terms used (e.g. “personal data” or “processing”) can be found in Art. 4 GDPR.
access data
We, the website operator or website provider, collect data about access to the website on the basis of our legitimate interest (see Art. 6 Para. 1 lit. f. DSGVO) and save these as “server log files” on the website server. The following data is logged in this way:
• Website visited
• Time of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used
The server log files are stored for a maximum of 7 days and then deleted. The data is stored for security reasons, e.g. B. to be able to clarify cases of abuse. If data has to be kept for reasons of proof, they are excluded from deletion until the incident has been finally clarified.
Reach measurement & cookies
This website uses cookies for pseudonymised range measurement, which are transmitted to the user's browser either from our server or from the server of third parties. Cookies are small files that are stored on your end device. Your browser accesses these files. The use of cookies increases the user-friendliness and security of this website.
If you do not want cookies for range measurement to be stored on your end device, you can object to the use of these files here:
• Cookie deactivation page of the network advertising initiative: http://optout.networkadvertising.org/?c=1#!/
• Cookie deactivation page of the US website: http://optout.aboutads.info/?c=2#!/
• European site cookie opt-out page: http://optout.networkadvertising.org/?c=1#!/
Common browsers offer the setting option not to allow cookies. Note: There is no guarantee that you will be able to access all functions of this website without restrictions if you make the appropriate settings.
Collection and processing of personal data
The website operator only collects, uses and passes on your personal data if this is permitted by law or if you consent to the collection of data.
Personal data is all information that is used to identify your person and which can be traced back to you - for example your name, email address and telephone number.
You can also visit this website without providing any personal information. In order to improve our online offer, however, we save your access data to this website (without personal reference). This access data includes e.g. B. the file you requested or the name of your Internet provider. Due to the anonymization of the data, it is not possible to draw conclusions about your person.
Handling contact information
If you contact us as the website operator through the contact options offered, your details will be saved so that they can be used to process and answer your request. This data will not be passed on to third parties without your consent.
Dealing with comments and contributions
If you leave a contribution or comment on this website, your IP address will be saved. This is done on the basis of our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f Have the identity of the comment or contribution author.
Google Analytics
Due to our legitimate interests in optimizing and analyzing our online offer within the meaning of Article 6 Paragraph 1 lit. f. GDPR, this website uses the "Google Analytics" service, which is provided by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) is offered. The service (Google Analytics) uses "cookies" - text files that are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
Google LLC complies with European data protection law and is certified under the Privacy Shield Agreement: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
IP anonymization takes effect on this website. The IP address of the user is shortened within the member states of the EU and the European Economic Area and in the other contracting states of the agreement. Only in individual cases will the IP address first be transmitted to a Google server in the USA and shortened there. This shortening eliminates the personal reference to your IP address. The user's IP address transmitted by the browser is not combined with other data stored by Google.
As part of the agreement on the order data agreement, which we as the website operator have concluded with Google Inc., they use the information collected to evaluate website usage and website activity and provide services related to internet usage.
The data collected by Google on our behalf is used to evaluate the use of our online offering by individual users, e.g. B. to create reports on the activity on the website in order to improve our online offer.
You have the option of preventing the storage of cookies on your device by making the appropriate settings in your browser. There is no guarantee that you will be able to access all functions of this website without restrictions if your browser does not accept cookies.
You can also use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link takes you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de
Here you can find more information on the use of data by Google Inc.:
• https://policies.google.com/privacy/partners?hl=de (data collected by Google partners)
• https://adssettings.google.de/authenticated (settings about advertising that is displayed to you)
• https://policies.google.com/technologies/ads?hl=de (use of cookies in ads)
Use of social media plugins from Facebook
Due to our legitimate interest in the analysis, optimization and operation of our online offer (in the sense of Art. 6 Para. 1 lit. f. DSGVO), this website uses the Facebook social plugin, which is provided by Facebook Inc. ( 1 Hacker Way, Menlo Park, California 94025, USA). The integration can be recognized by the Facebook logo or by the terms "Like", "Like", "Share" in the Facebook colors (blue and white). You can find information about all Facebook plugins via the following link: https://developers.facebook.com/docs/plugins/
Facebook Inc. complies with European data protection law and is certified under the Privacy Shield Agreement: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
The plugin establishes a direct connection between your browser and the Facebook servers. The website operator has no influence whatsoever on the nature and scope of the data that the plugin transmits to the Facebook Inc. servers. You can find information about this here: https://www.facebook.com/help/186325668085084
The plugin informs Facebook Inc. that you, as a user, have visited this website. It is possible that your IP address will be saved. If you are logged into your Facebook account while visiting this website, the information mentioned will be linked to it.
If you use the functions of the plugin - for example by sharing or "liking" a post - the corresponding information will also be transmitted to Facebook Inc.
Would you like to prevent the Facebook. Inc. linked this data to your Facebook account, please log out of Facebook before visiting this website and delete the stored cookies. You can make further settings for data processing for advertising purposes via your Facebook profile or object to the use of your data for advertising purposes. You can access the settings here:
• Profile settings on Facebook: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
• Cookie deactivation page of the US website: http://optout.aboutads.info/?c=2#!/
• European site cookie opt-out page: http://optout.networkadvertising.org/?c=1#!/
You can read about which data, for what purpose and to what extent Facebook collects, uses and processes data and what rights and setting options you have to protect your privacy in the Facebook data protection guidelines. You can find them here: https://www.facebook.com/about/privacy/
Use of Instagram Social Plugins
Our website uses so-called social plugins (“plugins”) from Instagram, which is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plugins are marked with an Instagram logo, for example in the form of an “Instagram camera”. An overview of the Instagram plugins and their appearance can be found here:
http://blog.instagram.com/post/36222022872/introducing-instagram-badges
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Instagram servers. The content of the plugin is transmitted directly from Instagram to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is transmitted directly from your browser to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can immediately assign your visit to our website to your Instagram account. If you interact with the plugins, for example by pressing the "Instagram" button, this information is also transmitted directly to an Instagram server and stored there. The information is also published on your Instagram account and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by Instagram as well as your rights in this regard and setting options for protecting your privacy can be found in Instagram's data protection information:
https://help.instagram.com/155833707900388/
If you do not want Instagram to directly assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website. You can also completely prevent the Instagram plugins from loading with add-ons for your browser, e.g. B. with the script blocker "NoScript" (http://noscript.net/).
Use of Pinterest social plugins
Our website uses so-called social plugins (“plugins”) from the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA (“Pinterest”). The plugins are e.g. B. recognizable by buttons with the sign "Pint it" on a white or red background. An overview of the Pinterest plugins and their appearance can be found here:
https://developers.pinterest.com/docs/getting-started/introduction/
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The content of the plugin is transmitted directly to your browser by Pinterest and integrated into the page. Through the integration, Pinterest receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Pinterest profile or are not currently logged in to Pinterest. This information (including your IP address) is transmitted directly from your browser to a Pinterest server in the USA and stored there. If you are logged in to Pinterest, Pinterest can immediately assign your visit to our website to your Pinterest profile. If you interact with the plugins, for example by pressing the "Pin it" button, the corresponding information is also transmitted directly to a Pinterest server and stored there. The information is also published on Pinterest and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by Pinterest as well as your rights in this regard and setting options for protecting your privacy can be found in Pinterest's data protection information:
https://about.pinterest.com/de/privacy-policy
If you do not want Pinterest to directly assign the data collected via our website to your profile on Pinterest, you must log out of Pinterest before visiting our website. You can also completely prevent the Pinterest plugins from loading with add-ons for your browser, e.g. B. with the script blocker "NoScript" (http://noscript.net/).
User Rights
As a user, you have the right to request free information about what personal data has been stored about you. You also have the right to have inaccurate data corrected and the processing of your personal data restricted or erased. If applicable, you can also exercise your right to data portability. If you assume that your data has been processed unlawfully, you can lodge a complaint with the responsible supervisory authority.
deletion of data
If your request does not conflict with a legal obligation to store data (e.g. data retention), you have the right to have your data deleted. Data stored by us will be deleted if they are no longer required for their intended purpose and there are no statutory retention periods. If deletion cannot be carried out because the data is required for permissible legal purposes, data processing will be restricted. In this case, the data will be blocked and not processed for other purposes.
Right to object
Users of this website can exercise their right to object and object to the processing of their personal data at any time.
If you would like a correction, blocking, deletion or information about the personal data stored about you or have questions regarding the collection, processing or use of your personal data or would like to revoke your consent, please send an e-mail to jasmin_wuestemann@ web.de