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General Terms and Conditions of Sales and Delivery

As of April 2011

§1 General information

Your contractual partner for all orders within the scope of this online offer is MyGall GmbH, represented by its executive Niklas Bolle, Blücherstr. 22, 10961 Berlin, hereafter referred to as „mygall“. ARTFLAKES, hereafter referred to as „artflakes“ is an offer by MyGall GmbH.

§2 Responsibility for Online Offer

(1)Within the online offer of artflakes there are exlusively galleries that are designed and operated by independent „partners“. Information on the owner of every gallery can be found via the link „legal information“ in the respective gallery.
(2)The respective partner is solely responsible for the items offered in a gallery and the design of the gallery. Artflakes adopts these contents not until and exclusively with an incoming order and the resulting individual manufacturing.

(1)The „offers“ contained on this website represent a non-binding invitation for the customer to place an order at artflakes.
(2)By filling in and sending off the order form on the internet, the customer makes a binding offer on a contract of purchase respectively a contract for work and materials. Artflakes can accept this offer by sending an order confirmation via email.
(3)In connection with §2 (2) artflakes cannot pre-examine all content offered by gallery owners for possible infringement. Due to this artflakes reserves the right to reject incoming orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights will be violated with the used content.

§3 Conclusion of the Contract

§4 Delivery and Shipping

(1)Delivery on artflakes is available within Germany as well as further European countries. An exact list can be found at www.artflakes.com
(2)Delivery is conducted by a shipment service provider chosen by artflakes. The customer has to pay shipping and handling charge, which may depend on order value and where it is shipped to. Current shipping prices can be viewed at www.artflakes.com
(3)Maximum duration for delivery is three weeks after conclusion of the contract. Usually the order is processed and dispatched within 5 work days.
(4)In case the delivery is not possible within the period of three weeks as mentioned in (3), artflakes shall promptly inform the customer about it in writing (§ 126b BGB German law). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b BGB German law)
(5)A claim for compensation by the Customer due to delay of shipping is excluded (§ 280 Abs. 2, 286 BGB German law), insofar as the delay was not caused by artflakes deliberately or grossly negligent.
(6)The conclusion of contract is made under the condition of correct and punctual supply to ourselves. This is only valid in case artflakes is not responsible for the failure of supply. Artflakes shall promptly inform the customer about the unavailability of the product. Any consideration already made shall be refunded if applicable.

§5 Prices

(1)The customer has to pay shipping and handling, which may depend on order value and where it is shipped to. Current shipping prices can be viewed at www.artflakes.com
(2)The stated prices are to be understood as final prices for customers from the European Union. They include all taxes, especially value-added tax. The customers shipping adress is decisive.
(3)For customers from outside the European Union, all stated prices are net prices. That implies that value-added tax must be paid additionally upon receipt of the goods, if the legal regulation of the country the item is shipped to does request it. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

§6 Payment

(1)The Customer can choose between payment via credit card, direct debit or further methods of payment. Artflakes reserves the right to limit the options of payment dependent on different criterions.
(2)Purchase price, along with shipping and handling charges are immediately payable, without deduction.
(3)In case direct debit from the customer's account is not possible due to provision of wrong information or lack of funds, the customer shall reimburse any additional costs incurred by artflakes or a third party which carried out the transaction.
(4)Artflakes is explicity allowed to use trusted third parties for carrying out the transaction.
(5)If it comes to a default of payment of the customer, artflakes is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
(6)In the case of intervention of third parties in the handling of payments, then payment in relation to artflakes only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

§7 Guarantee

(1)Regarding type and scope of delivery, only the information shall be decisive which is contained in the order confirmation. Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by artflakes for the correctness of this information.
(2)As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3)In the case of return shipments due to defects artflakes will also pay for the cost of postage
(4)All guarantee claims for the delivered goods are barred after two years of receiving the goods. If the customer is an entrepreneur, the prescription period is one year.
(5)The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).

§8 Limitation of Liability

(1)artflakes is not liable for an uninterrupted availability of its online offer. An error-free availability is not possible technically.
(2)Artflakes is liable for damages concerning body, life and health of the customer, only if these are due to the culpable breach of essential contractual obligations or deliberate or gross negligent behaviour of artflakes or their partners. A liability in excess of this is excluded. The regulations of the product liability act remain unaffected.

§9 Right of Cancellation

You are entitled to cancel your order in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part delivery) and also not before performance of our duties to inform in accordance with article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our duties in accordance with § 312e Para. 1 Sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The cancellation period shall be deemed to be observed if the cancellation or the goods are sent in good time. The cancellation is to be sent to: MyGall GmbH, Blücherstr. 22, 10961 Berlin Consequences of cancellation In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods to us or only in a deteriorated condition, you must compensate us accordingly. This does not apply to the delivered goods if the deterioration in their condition is solely due to your checking them – as you would be able to in a shop. Otherwise, you can avoid the obligation to pay compensation for any deterioration resulting from proper intended use of the goods by not using them as if they were your property and by avoiding any activity which could adversely affect their value. Goods which can be sent as a parcel are to be returned at our risk. You have to pay the costs of the return if the delivered goods are as ordered and if the price of the goods to be returned does not exceed 40 euro or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which cannot be sent as a parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. For you the period begins when you send your notice of cancellation or the goods, for us it begins on receipt. The following contracts are excluded from the right of cancellation:
- Delivery contracts of goods that were manufactured individually and custom made for the needs of the customer. This applies for products that were created by the customer themselves in particular.
- Delivery contracts for perishable goods or goods that are not suitable for return.

§10 Technical and Design Deviations

When fulfilling the contract, artflakes reserves the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable for the customer.

§11 Copyright

If the Customer provides his/her own motif or otherwise influences the product (personalisation of text), the Customer assures artflakes that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures artflakes that by personalising the product he is also not breaching any other rights held by third parties. Concerning images and content owned by mygall´s third party content partners the customer must not
a) use images in any obscene or otherweise illegal manner
b) use images in a logo, trade mark or service mark;
c) assume an image featuring a model or property is in fact a true likeness of a model or property
d) make the image available for downloading separately or in a format designed or intended for permanent storage or re-use;
e) modify the image, except for colour correction, removal of minor imperfections and moderate cropping;
f) sub-licence, commercially re-sell or otherwise distribute the image.

§12 Indemnity

The customer obligates themselves to discharge artflakes from all demands and requests that were claimed on grounds of breach of third party rights. Furthermore the customer ensures that they will compensate all defense costs and other damages.

§13 Data protection

artflakes has the right to save and process all data concerning the customer that are used for fulfillment and handling of the contract. In this connection the terms of the Federal data protection act (Germany) are to be noted. This website is using Google Analytics, an analysis service of Google Inc. („Google“). Google Analytics uses so called „Cookies“, data files that are saved on your computer and that allow an analysis of your use of the website. Information that is produced by these Cookies (including your IP-address) are forwarded to a Google server in the US and saved. Google will use these information to evaluate your use of the website, to write reports about website activities for website owners and in order to provide services that stand in connection with the use of websites and internet. Google may as well forward these information to third parties, in case this is requested by law or if third parties will process them on behalf of Google. In no case Google will link your IP-address with other data of Google. You can block the setting of cookies in your browser software; but we point out that in this case you will not be able to use all functions of this website properly. With using this website you accept that these data are dealt with by Google as has been described above. Provided that we have to undertake payment in advance, artflakes will obtain, if necessary, a credit check on the basis of mathematical and statistical methods at SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. Your issues worth of protection will be respected according to legal regulations. According to the Federal data protection act (Germany) you have the right to receive information free of charge about your saved data as well as the right to amend, block or delete these data. We will save the text of the contract and send you the information about your order and our general terms and conditions via email. You can view the general terms and conditions here at all times. Your past orders can be viewed in our customer LogIn area. We use the data you provided for the handling of your order. If you subscribe to our newsletter your email-adress is used – if you agree to it – for advertising purposes, until you unsubscribe. Unsubscription is possible at all times.

§14 Place of jurisdiction

(1) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Berlin is the place of general jurisdiction. In such case, artflakes is also entitled to sue the customer according to the opinion of artflakes at their resident court.
(2) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded, even if the order is made abroad.
(3) Place of performance for all deliveries is the registered office of artflakes.

§15 Partial invalidity

If single regulations of the general terms and conditios and artflakes become invalid, all other regulations stay untouched and valid. Invalid regulations are replaced by legal regulations.