1) Applicability
These Terms of Service apply to all contracts to supply that my client concluded with me concerning the products in my Online Shop. Terms made by the client do not apply unless something else is
agreed upon.
2) Conclusion on Contract
The client can apply a binding offer to buy through my online contact.
I can accept the offer by my client within five workdays via written acceptance of order through an email.
The deadline to accept the offer begins the day after dispatching the offer by the client and ends at the end of the fifth workday.
If I do not accept the offer within these five workdays it is presumed to be a refusal of said offer and my client is not bound to the offer anymore.
For the conclusion of contract, both the German and English language are available. Note that my mother language is german.
The order handling and contacting will be through email. The client must ensure that the provided email is correct and up-to-date.
3) Special conditions regarding the manufacture of products according to specifications by the client
If further specifications are desired by the client, he must provide all needed texts, pictures or graphics in the file format I need and he also needs to concede all right of use.
Only the client is responsible for the acquisition of title and provision of all contents provided. He takes on responsibility that he is allowed to let me use the content to create the artwork.
The client also has to make sure that no Rights of third parties are impinged upon, especially copyright, trademark right and personal rights.
The client indemnifies me as the Seller from claims by third parties.
I will refuse to draw content that offend against legal or governmental prohibitions and morality.
4) Obligation to cooperate
The client will receive a preview of the artwork per email and is engaged to give a feedback within three workdays. The feedback must be a written “okay” via email. If I do not receive a feedback
within this timeframe, the picture is released by the client. If the client does answer within three workdays and asks for revision, these will be done if possible. The Client can ask for
revisions three times. More revisions are with costs.
Revisions extend the delivery time.
5) Duration of work
During the conclusion of contract, I will communicate the approximate timeframe I need to finish the commission. Normally it shouldn’t take longer than four weeks though.
If the client wants to receive the commission earlier, he must let me know beforeand and I’ll see what I can do.
Any compensations with delayed delivery is excluded, provided that no gross negligence is on hand.
6) Prices and conditions of payment
With placing the order 50% of the price must be payed beforehand and 50% after the commission is done. The commission will be send via email or mail to the client after I received the full price
.
The prices on my website are orientation values if not stated differently and may be higher depending on the complexity of the commission.
By request I can print the commission for the client in which he has to pay for additional costs including forwarding charges.
I am a small business owner according to § 19 UStG (German Value Added Tax Act) and, therefore, I do not charge any VAT.
Sending commissions outside of the EU further costs might apply for the client (money transfer; taxes or toll).
Additional costs might apply if the client pays outside of the EU, but the commission will be delivered within the EU.
7) Delivery Specifications
I will send the printed commission to the address provided by the client if not arranged differently.
Digital goods will be send to the provided email address.
If I receive false information (shipping address or email address) and especially a printed commissoin is lost during delivery, the client still has to compensate for my work and additional
costs.
8) Title Retention
Until the commission is payed in full, I retain the ownership of the artwork.
9) Applicable Law
For any privity of contract the law of the Federal Republic of Germany applies under the exclusion of the Uniform Law of International Sale of Goods.
10) Copyright
All artworks I also created through commissions are intellectual property of Indra Muschallik. They may not be copied, changed and/or used for industrial purposes. The contents on my website
www.indramuschallik.jimdofree.de are copyrighted.
Also after full payment, I am still permitted to use the sold artwork for advertising purposes such as in flyers, on the internet or art fairs.
Commercial Use of the artwork is only possible with the explicit consent of the client.
I reserve all rights! Information on my website, including texts, pictures and sounds may not be copied, transferred, sold or saved without my explicit written consent. I explicitly point out
that the artworks are intellectual and physical property of the Artist Indra Muschallik (IndrawnArt) and underlie the copyright.