General terms and conditions
As part of an exclusive network of artists and art lovers in the region, you can expect more success through benefits such as networking, access to selected galleries, museums, and art exhibitions, as well as an increase in the value of your art.
TERMS AND CONDITIONS AND WRITTEN FORM
All orders are executed according to the following terms and conditions. Deviating conditions of the customer that have not been expressly acknowledged in writing are non-binding for us, even if no express objection has been raised. The provision of the service or the receipt of the consideration does not imply tacit approval. To maintain the written form, transmission in letter form, by fax, or email is sufficient.
DUTY OF CARE AND CONFIDENTIALITY
We commit ourselves and our customers to protect all business secrets with due care and to treat all information and documents confidentially. This duty of care and confidentiality extends beyond the end of the contract and also applies in the event that a collaboration does not materialize.
USAGE RIGHTS
Design works are considered copyrighted works regardless of a specific design height and irrespective of the use of other services. Suggestions or supportive measures by the customer or third parties do not establish any co-authorship. We grant our customers the right to use the exploitation rights reserved to the author in the form of a simple usage right, subject to full payment of the invoice amount. A usage right is granted only for the agreed purpose, extent, and duration. If no explicit agreement has been made, the extent and duration are determined by the objectively recognizable purpose at the time the order was placed. Rights to intermediate products and drafts, especially to data, lithographs, prints, proofs, or press proofs, are not transferred. They remain our property, even if they are billed separately, and are not handed over. Any type of imitation, editing (including changes to the author’s designation), repeat usage, or multiple usage requires our consent and is subject to a fee.
PRINTED MATTER
When we design printed matter for our customers, we generally produce final, non-print-ready and/or litho-ready data without conversion to another format. If the delivery of finished printed matter is agreed upon, we will produce a proof or a press proof as a correctable intermediate product for the customer to declare print readiness. The costs for this will be billed separately. Color deviations due to different proofing processes are accepted by the customer.
PRICES AND TERMS OF PAYMENT
The offered prices are exclusive of statutory VAT and are subject to the condition that the underlying order data remain unchanged. If no written offer is made, we bill according to the actual time spent. Suggestions from our customers or third parties have no influence on the billing. If the execution of the order is suspended due to customer fault or at the customer’s request, the resulting additional costs, especially the costs for resuming the work, will be billed additionally. Changes to work after acceptance or the creation and presentation of additional work will be treated as new orders. Deductions from the invoice amount are only permissible if the customer effectively withdraws and the services already provided by us are worthless. The burden of proof for worthlessness lies with the customer.
ARCHIVING We archive the final release data (the data released by the customer at the time of acceptance or online placement), the lithographs, proofs, and press proofs released for printing for one year from the time of acceptance or online placement for our customers. We do not assume liability for data loss or data alteration due to a defective data carrier. However, we will assign in advance all claims that we have in this context against the seller or manufacturer of the defective data carrier to our customers.
MATERIALS PROVIDED BY CUSTOMERS
We assume that customers only provide us with materials (slides, photos, software/data material, information, and other documents and templates) for the execution of their orders to which they are authorized to provide. If the execution violates the rights of third parties, our customer alone is liable and indemnifies us from all third-party claims. Materials are treated with care by us during the execution of the order. We return them by post unless the customer expressly requests another shipping method. In the event of loss or damage, we are only liable if intent or gross negligence can be proven. In case of loss or damage of originals, we are otherwise only liable if the customer has expressly pointed out the risk of damage to us in writing beforehand.
AGREED DEADLINES AND DATES
Deadlines and dates are only binding if agreed in writing. Force majeure, strikes, lockouts, and unintentional inability (especially failure of the IT system and power failure) extend agreed deadlines by the duration of the hindrance. Delays by the customer in making corrections or (partial) acceptances or in delivering materials provided by the customer for the execution of the order suspend the deadline. We only recognize claims for damages in case of delay in delivery or impossibility if the customer has expressly pointed out the risk of damage to us in writing when placing the order.
COMPLAINTS
For customers who are merchants, ยง 377 HGB (German Commercial Code) on the duty of inspection and notification of defects applies without restriction. In all other cases, a written complaint is only permissible within one week in the case of recognizable defects, incorrect delivery, or over- or under-delivery. Over- or under-deliveries of 10%, which are permissible according to the terms and conditions of external producers/service providers, cannot be objected to.
SAMPLE COPIES
Customers provide us with sufficient undamaged and unfolded sample copies for self-promotion free of charge.
LIABILITY
We assume no liability for damages resulting from incompatibility between the software provided by the customer and its other software and/or hardware, for the protectability and the competitive and trademark legality of our design work, and for the services of third parties. The customer assumes responsibility for the accuracy of images and texts upon acceptance.
PLACE OF PERFORMANCE AND JURISDICTION
The law of the Federal Republic of Germany applies. The place of performance is Hamburg. The place of jurisdiction for all lawsuits by and against us is, as far as this is possible within the framework of the applicable legal provisions, our place of business. If the customer has no general place of jurisdiction in the Federal Republic of Germany, our place of business is the place of jurisdiction.