Conditions of Use
General Terms and Conditions of UrbanArt24 UG (haftungsbeschränkt (limited liability)), data protection and rights of cancellation in accordance with Sections 312, 355 BGB, German law.
UrbanArt24 UG (haftungsbeschränkt) operates an online sales platform for art (especially limited edition original prints) under the URL http://www.urbanart24.de. As the operator and owner of this platform, UrbanArt 24 UG (haftungsbeschränkt) enters into a contractual relationship with any legal or physical persons wishing to purchase goods through the web shop.
All contractual relationships between UrbanArt 24 UG (haftungsbeschränkt) and their customers are subject exclusively to the terms and conditions of UrbanArt 24 UG (haftungsbeschränkt). Differing terms and conditions of the customer shall not apply.
The customer is obliged to provide the data requested in the order form (name, address, etc.) in a truthful and complete manner. The customer must recompense any damages resulting from the inaccuracy of such information.
If one of the provisions of these terms and conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.
II Conclusion of Contract
All information on products, product features and prices may be subject to errors.
By making the products available in the online shop, urbanart24.de presents a binding offer to conclude a contract on said products. This contract is concluded by clicking the order button in the final step of the ordering process, which accepts the offer for all products listed in the shopping basket. To this end, a confirmation window with the details of your order will be displayed to you before completion of the ordering process. In this window, you may re-check and correct the details before clicking the order button. Immediately after submitting your order you will receive a confirmation by email (order confirmation).
Your contract of sale will be concluded with
UrbanArt 24 UG (haftungsbeschränkt)
D-46509 Xanten, Germany
, entered in the Commercial Register of Kleve under HRB 13480.
The original language of the contract is German.
UrbanArt24 UG (haftungsbeschränkt) does not store copies of the contract separately. The details of the order are made available to customers in the confirmation email. The terms and conditions in their most recent version may be accessed, downloaded, and printed at www.urbanart24.de.
UrbanArt24 UG (haftungsbeschränkt) does not guarantee that all products offered on the site will be available at all times. In the event that one or more products are not available, UrbanArt24 UG (haftungsbeschränkt) will notify its customers as soon as possible. If the customer has already paid for the goods, UrbanArt24 UG (haftungsbeschränkt) will immediately refund the corresponding amount.
III Cancellation policy
Start of cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The period for cancellation is fourteen days from the day that you, or any third party authorised by you other than the carrier, has accepted delivery of the final item(s) of your order. To exercise this right, you must contact us (UrbanArt24 UG (haftungsbeschränkt), Hagenbsuchstr.13, 46509 Xanten, Germany, firstname.lastname@example.org) by means of a clear statement (e.g. letter sent by post, fax or email) informing us about your decision to withdraw from the contract. You may use the standard cancellation form, but this is not obligatory. In order to meet the deadline for cancellation of the contract, it is sufficient to send notification stating your intent to exercise said right before the end of the aforementioned cancellation period.Click here to download the standard UrbanArt 24 UG (haftungsbeschränkt) cancellation form.
Consequences of cancellation
If you cancel the contract, we are obliged to refund all payments that we have received from you, including shipping costs (excluding additional costs that may arise if you choose a method of shipping other than the most cost-efficient standard delivery option offered by us), without delay and at the latest within fourteen days of receipt of your notice of cancellation. We will issue the refund by the same method of payment that you selected for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged a fee for this refund. The goods must be returned at the latest within fourteen days of the day on which you notified us of the cancellation of the contract. Returns must be addressed to: UrbanArt 24 UG (haftungsbeschränkt), Hagenbuschstr. 13, 46509 Xanten, Germany. The deadline shall be considered to have been met if the products are sent before the fourteen day period has expired. Thebuyer is paying the return shipping costs. The estimated return charges are 30 EUR ( Germany and EU), 50 EUR (rest of Europe) and 140 EUR (rest of the world).You only need to pay for any loss in value of the good that is the consequence of handling other than that which is necessary for testing their condition, characteristics and functions.
End of cancellation policy
The warranty is provided in accordance with the applicable statutory provisions.
UrbanArt24 UG (haftungsbeschränkt) is not responsible for minor deviations between the goods delivered and those listed. For works of art and other printed material, slight differences in colour tone compared to samples, in size, and in the quality of the paper, the material or the surface are not completely avoidable for typographical or technical reasons.This type of deviation does not constitute a defect.
We would expressly recommend correct handling of your artwork (e.g. no direct sunlight, heat, humidity, etc.), so that you may enjoy it for years to come.
The products sold by UrbanArt24 UG (haftungsbeschränkt) are protected by copyright worldwide. The customer is not authorised to manufacture or reproduce goods supplied by UrbanArt24 UG (haftungsbeschränkt) either personally or through a third party.
VI Retention of title
Until payment has been made in full, products supplied remain the property of UrbanArt24 UG (haftungsbeschränkt)
If the customer sells goods that are still the property of UrbanArt24 UG (haftungsbeschränkt), retention of title must also be passed on.
Third-party access to goods which are still the property of UrbanArt24 UG (haftungsbeschränkt) must be reported immediately by the customer.
Pledges, assignments as security, etc. of the reserved goods are only permitted with the prior approval of UrbanArt24 UG (haftungsbeschränkt).
If the customer acts in breach of contract, in particular in case of default of payment, and does not immediately make the payment after a reminder, the customer must return the reserved goods to UrbanArt24 UG (haftungsbeschränkt).Return costs shall be borne by the customer.
Unless otherwise specified in the offer, payment may be made by credit card (Visa or MasterCard), PayPal, by Sofort instant bank transfer, or prepayment by bank transfer. For every order we reserve the right not to offer certain payment methods and to require other payment methods.
UrbanArt24 UG (haftungsbeschränkt) shall collect the amount listed on the invoice from the customer's bank account, PayPal account or credit card directly after receiving the order.
If you wish to pay through PayPal, you pay the invoiced amount through the online provider PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5th Floor, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal"). You must have a PayPal account, or create a new account prior to the transaction. The ordering process will redirect you to the PayPal website, where you will be able to sign in with your user data and confirm the payment to us.In this case, the payment is due immediately.
If you wish to pay by Sofort instant bank transfer, you only require the account number, bank sort code, PIN and TAN. After submitting your order you shall be redirected to the Sofort AG secure payment form. You shall receive instant confirmation of the transaction. We shall immediately receive the credit transfer. In principle, any internet user can make payments by Sofort instant bank transfer, so long as he or she has an activated online banking account with PIN/TAN features. Please note however that a small number of banks does not yet offer instant bank transfers using Sofort. To find out whether your bank supports this service, you can find more information at: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
If you wish to pay in advance by bank transfer, we will provide our bank details in the order confirmation. The amount invoiced must be transferred to our German bank account within 10 days.
All payments must be made in Euros. UrbanArt 24 UG (haftunsbeschränkt) is not responsible for potential differences between the amount charged to the user in his or her local currency and the amount indicated by currency conversion tools, whether made available by us or accessed elsewhere. Users should be aware that currency conversions are subject to fluctuating rates. We shall not be liable in any case for the costs of a cash transaction or for foreign exchange losses due to fluctuations in conversion rates.
Most of the products offered are subject to special tax arrangements in accordance with Section 25 UStG (German Value Added Tax Act). If this is not the case, a notification will be included on the product page and on the invoice, and the price shall include the currently valid rate of German VAT.
For items subject to special tax arrangements, it is not possible to specify the VAT part of the purchase price separately in the invoice.
The goods remain our property until payment has been made in full.
Should you default on payment, we are entitled to charge interest on arrears.
VIII Delivery times, deliveries, terms of delivery, postage/shipping charges
Deliveries take 3-7 working days within Germany, 7-14 working days within Europe, and 7-14 working days for the rest of the world. In the event of a delay, we shall inform you in writing (usually by email).
In general, shipments to locations in Germany and other EU countries (excluding islands and special regions) are free of charge. The cost of deliveries to other locations is EUR 50 to the rest of Europe (including islands), EUR 75 to the USA and Canada, and EUR 95.00 to all other countries. You, as customer, are responsible for paying any applicable duties, taxes and storage costs. If you have any questions about duties or import clearance, please contact your country's local customs authority.
In general, artworks (mostly prints) are rolled up and sent in mailing tubes.
Any deviation from the above-mentioned general handling costs, delivery periods and shipping methods (shipped "flat" as item cannot be rolled or is large) will be listed on the product's page.
The buyer must inspect the goods immediately for damage and notify the deliverer if any is found before accepting delivery. If obvious damage exists, and is noticed for the first time after accepting delivery, the buyer must notify us within five days of accepting delivery. If the buyer fails to do this, any claims for compensation for this obvious damage are excluded.
For administrative reasons, UrbanArt 24 UG (haftungsbeschränkt) may send the certificate of authenticity (COA), if the artwork has one, to the buyer separately (possibly at a later point in time). This does not affect the cancellation period. Should the customer decide to exercise their right of cancellation, he or she must also immediately return the certificate of authenticity in an unused state. If the certificate is not sent, there can be no refund of the purchase price. If the certificate is used or destroyed, the customer's right of cancellation shall lapse.
Transfer of risk: the risk of unforeseeable loss or damage and accidental deterioration of the goods ordered is transferred to the customer on handover of the goods to the customer or a recipient designated by him or her. This applies whether or not the shipment is covered by insurance. In other cases, the risk of unforeseeable loss or damage and accidental deterioration of the goods ordered passes to the buyer upon handover or, if the goods are shipped, once the goods are handed over to the carrier or other person or organisation designated to carry out the shipment.
IX Data protection
Collection, processing, and use of personal data
In general, you can visit our website without needing to provide any personal information.
Personal data is only collected if disclosed to us voluntarily, such as when placing an order or when subscribing to our newsletter. Personal data provided by you will be used as appropriate to fulfil and process your order or to provide services requested by you.
We shall use your data for market or opinion research only to the extent permitted by the law or where you have given your consent. You can object to the use of your data for purposes of advertising or market and opinion research at any time without incurring any costs other than the standard rates of message transmission. You may withdraw your consent with future effect at any time.
If you registered for the UrbanArt 24 UG (haftungsbeschränkt) newsletter, we will use the information provided by you at the time of registration for the purpose of sending the newsletter. Your data will not be transferred to third parties. The only exception to this is partner companies whose involvement is necessary for the technical processing of distribution of the newsletter. In these cases, the amount of data disclosed is limited to the minimum necessary.
Users who no longer wish to receive our newsletter or promotional emails may unsubscribe using the simple unsubscribe option contained in all UrbanArt 24 UG (haftungsbeschränkt) emails.
All data is stored and processed in compliance with the relevant provisions, in particular the Federal Data Protection Act (BDSG) and Telemedia Act (TMG).
Disclosure to third parties:
For the purposes of fulfilling and processing your order, your delivery data shall be disclosed to the shipping companies, and your payment data may be disclosed to the banking organisation or credit card company responsible for processing the payment.
Otherwise, we shall only disclose your personal data if obliged to do so by law or if you have given prior consent. In particular, we shall not sell, rent or otherwise transmit your personal information to third parties without your express permission.
Correction, blocking and deletion of your data
Stored personal data is deleted when the information is no longer necessary to fulfil the purpose for which it was originally stored, if its storage is inadmissible for legal reasons or if you have withdrawn your consent. In the event that deletion conflicts with legal or contractual retention periods, the corresponding data shall be blocked instead.
According to the Federal Data Protection Act, you have the right to request information about your stored data free of charge, and you also have the right for this data to be to corrected, blocked or deleted.
You can configure the settings of your browsers to reject or immediately delete cookies at any time. Please refer to the appropriate instructions for your browser. However, we should like to point out that disabling cookies may prevent the features on our websites from becoming fully available, and so we recommend that you leave cookies enabled.
Use of web analytics tools
In order to improve both the usability of our webpages and the quality of our website, we use tracking technologies provided by Google Analytics (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 ["Google"]).
You can also prevent the data generated by cookies about your use of the website (incl. your IP address) being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available under the following link:http://tools.google.com/dlpage/gaoptout?hl=de
We evaluate the data for the following purposes:
• conducting performance or profitability comparisons of our websites,
• determining visitor counts,
• tracking information for example for online advertising, partnering and affiliate programs on the website, rich media content or specific campaigns,
• finding the areas of the website that are of greatest interest to you,
• analysis of the origin of online users for local optimisation of our web services.
Use of Facebook social plugins
This website uses social plugins ("Plugins") provided by the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the phrase "Facebook Social Plugin". You can find an overview of the Facebook plugins and what they look like here:http://developers.facebook.com/plugins
If you access a page of our website that contains a social plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transferred from Facebook directly to your browser, which then embeds it into the website.
Through the integrated plugin, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can link the visit to your Facebook account. If you interact with the plugins, for example by pressing the "Like" button or by entering a comment, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and shown to your Facebook friends.
Facebook can use this information for the purpose of advertising, market research and the design of the Facebook pages. For this purpose Facebook creates usage, interests and relationship profiles, e.g. in order to evaluate your use of our website in terms of the advertisements displayed for you on Facebook, to inform other Facebook users about your activities on our website and to provide other services relating to the use of Facebook.
If you do not want Facebook to link the data collected on our website to your Facebook account, you must log out from Facebook before visiting our website.
Please see Facebook's privacy policies for the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and settings options for protecting your privacy:http://www.facebook.com/policy.php
Use of Google+ plugins
The "google+1" (Google Plus) plugin is integrated into our website.
This plugin is made available and operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (hereinafter Google). You can recognize this button by its "+1" icon on a white background.
When you visit one of our webpages containing this plugin, your browser establishes a direct connection with Google servers, which in turn transmits the contents of the plugin to your browser and embeds them into the page. In this way, the fact that you have visited our website is forwarded to Google. If you are logged in to your personal Google or Google Plus account while visiting our website, Google may link the visit to this account. When you interact with a plugin, e.g. by manually clicking the button or by leaving a comment, this information is transmitted directly to Google and stored there. If you wish to prevent the transfer of any such data, you must log out from your Google Plus or Google account before visiting our website.
We have no influence on the scope and content of the data that Google collects using this button. We assume that your IP address is transmitted and recorded. You can find out more about the purpose, scope and utilisation of data collection by referring to the privacy policies of Google Inc. These are located at the URLhttp://www.google.com/intl/de/+/policy/+1button.html
If you are a Google Plus member or are logged in to Google and you do not wish Google to collect data about you during your visit to our webpage, or link this data to information about you saved by Google, you must log out of Google Plus or Google before visiting our website.
Protection from abuse/security
We secure our website and other systems against loss, destruction or unauthorised access using up-to-date technical and organisational measures. You should always keep your access information confidential, and close the browser after your visit, especially if you share your computer with others.
If you have questions about data security, please contact us at the following address:
UrbanArt 24 UG (haftungsbeschränkt)
D-46509 Xanten, Germany
Phone: 02801 9826923
Fax: 02801 - 9826924
X Place of performance and court of jurisdiction
German law applies exclusively to all disputes arising from the contractual relationship, to the exclusion of the UN CISG, even if orders are made at or delivered to locations outside of Germany. The court of jurisdiction and place of performance is Kleve.
REPRESENTATION OF WORKS IN THE SHOP:
The large majority of pictures of the artworks for sale in the shop are private and self-made photos, which are digitally marked with the watermark "©urbanart24.de". Any "stock photos" of the works that are offered for sale do not have our watermark. In order to be presented in a uniform manner in the UrbanArt 24 Shop, the pictures of the works are digitally post-edited to add a white border. Some of the illustrations only show sections of the works. Sizes are approximate figures given in centimetres (cm), and are written in the form width x height as is standard international practice. Copying or reproducing our photos is permitted only with our written consent.
The author may not be held responsible for the topicality, correctness, completeness or quality of the information provided. Any liability claims against the author relating to damages of a material or immaterial nature caused by the use or non-use of the information provided, or by the use of incorrect and incomplete information, are fundamentally excluded, provided there is no evidence of wilful intent or gross negligence on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to change, add to, delete or cease publication of parts of the pages or the entire offer without prior notice, temporarily or permanently.
COPYRIGHT AND TRADEMARK LAW
The author endeavours to observe copyright law in all publications of the graphics, audio files, video sequences, and texts used and to use his own graphics, audio files, video sequences, and texts or only access licence-free graphics, sound files, video sequences and texts. All brand names and trademarks mentioned on the website, including those protected by third parties, are subject in full to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. A mere mention does not imply that trademarks are not protected by third party rights! The copyright for any published material created by the author remains solely with the author of the site. Any duplication or use of such graphics, audio files, video sequences, and texts in other electronic or printed publications is not permitted without the express permission of the author.
REFERENCES AND LINKS
In the case of direct or indirect links to other websites ("hyperlinks") that are outside the area of responsibility of the author, the author is only liable for content if he or she had knowledge of this content and it was technically possible and reasonable for the author to prevent the use of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was found on the linked pages. The author has no influence on the current and future designs, contents, or authorship of the linked sites. He therefore expressly distances himself from all content of all linked sites that have been changed since the link was established. This statement applies to all links and references established within the author's website as well as to external additions in guest books, discussion forums and mailing lists. For illegal, incorrect, or incomplete content and in particular for damages resulting from the use or non-use of such information, the provider of the linked website is solely liable, not the party that merely established the link in question.
We carefully checked all links to external sites when creating the page. No unlawful content was apparent at the time the links were created. However, we have no influence on the content of linked pages, for which their respective operators are solely responsible. If any of the hyperlinks lead to illegal content, please inform us by email at: email@example.com. We will then examine the links and remove them if necessary.
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