Terms and Conditions
General Terms and Conditions www.szegfue.com, in short T&Cs www.szegfue.com
Even in the art business, you can’t avoid the “small print.”
On my homepage, www.szegfue.com, I present modern art that is sometimes sensitive. Paintings on fabric (stretcher frames) and structural paste react extremely sensitively to changes in their environment. To ensure that you can enjoy my works of art for a long time, you should not expose the paintings to changing temperature conditions, accompanied by rising or falling humidity, which exceed the normal level found in living spaces. Please do not expose the painting, either in whole or in part, to direct sunlight. Do not hang the painting directly above a heater, fireplace, stove, etc. All of this leads to direct expansion or shrinkage of the painting materials. The paintings are not suitable for outdoor use, basements, bathrooms, saunas or other damp or wet rooms and kitchens.
My terms and conditions are intended to regulate the business relationship between you and me in a binding and fair manner. Therefore, the basis for every order is my general terms and conditions below, which you acknowledge and confirm by placing an order with me. You can view the current business relationships below.
§ 1 General and scope
1.1 Scope
The following general terms and conditions apply to all business relationships between the artist, Szabolcs Szegfü, and you, the customer. The version valid at the time the contract is concluded is decisive.
This website www.szegfue.com and/or the Services, including any associated mobile applications and any offers and sales of my artwork through the Site, is owned and operated by Szegfue Art Studio, Szabolcs Szegfü. These Terms and Conditions set out the terms and conditions under which visitors may access or use the Site and/or Services and purchase products.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing my Site or using the Services or purchasing any Products. These Terms tell you who I am, how I sell Products to you, how you can cancel your purchase, and what to do if you have any problems.
You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.
1.2 Natural person
Consumers within the meaning of the terms and conditions are natural persons (private individuals) with whom business relations are entered into without them acting in the exercise or for the purpose of a commercial or independent professional activity.
1.3 Entrepreneur
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or persons and companies with legal capacity with whom business relationships are entered into and who act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
1.4 Artists
The seller, hereinafter referred to as artist, is
www.szegfue.com
Szabolcs Szegfü
Steingrube 20
71334 Waiblingen
The customers, that is, you, enter into a business relationship with the artist.
§ 2 Copyright
2.1 Copyright statement
The artist assures that the work is his sole property and free from third-party rights. The artist also assures that the work is his own original work.
2.2 Use and exploitation
Any use and exploitation of the work is only permitted in consultation with and with the consent of the artist. Use and exploitation is only permitted for the agreed period and for the agreed purpose.
Ownership of the work does not entail any rights of exploitation or use under copyright law.
2.3 Attributions
The name of the artist (author) must be mentioned whenever the work is used.
2.4 Remuneration
The artist is entitled to reasonable remuneration for any use or exploitation of the work (§ 32 UrhG of the Copyright Act).
2.5 Publications
If images, reproductions and publications of the work are published, they require the prior consent of the artist (author).
2.6 Media reports
For current exhibitions, the artist has the right to publish media reports about the work. The artist also has the right to publish images of the work on the Internet, on the homepage, in social media, etc., as well as to publish images of the work on posters, invitations, or catalogs.
2.7 Resale rights
According to § 26 UrhG of the Copyright Act, the resale right exists. There is no resale right for private individuals.
Galleries, art dealers, auctioneers or agents and sellers recognize the resale right (§ 26 UrhG of the Copyright Act).
§ 3 Conclusion of a contract / purchase of products
The following provisions apply to orders for the website www.szegfue.com
3.1 Contracting parties
If a purchase contract is concluded, it is concluded between you and the artist.
(1) The purchase of products is subject to the terms and conditions applicable at the time.
(2) If you purchase a product, you are responsible for reading the item description in full before making a binding purchase, and the completion of an order on the Site (by completing a payment transaction via the ‘Order for a fee’ button or a similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these Terms provide otherwise.
(3) You can select products from my product selection and place them in the shopping basket by clicking on the corresponding button. My prices are listed on the site. I reserve the right to change my prices at any time and to correct unintentional pricing errors. These changes have no effect on the price of my artworks that you have already purchased. When paying, you will be shown an overview of all the artworks you have placed in your shopping basket. The overview includes the main features of each artwork as well as the total price for all artworks and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to recognise and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. If you click on the ‘Order with costs’ button, you place a binding order to purchase the listed artworks at the specified price and shipping costs. To complete the order process by clicking on the ‘Order with costs’ button, you must first recognise these terms and conditions as legally binding for your order by ticking the corresponding box.
(4) I will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that I have received your order. It does not indicate that I have accepted your order.
(5) The legally binding agreement on the purchase of the products is only concluded when I send you a declaration of acceptance by e-mail or dispatch the products to you. I reserve the right not to accept your order. This does not apply in cases where I offer a payment method - and you choose this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking on the ‘Order with costs’ button. You also have the option of picking up the work and paying cash.
(6) The purchase contract can be concluded in [German]. After conclusion of the contract, the terms of the contract will be kept by me, you will no longer have access to them.
3.2 Offer of the artworks
All offers are subject to change and represent a non-binding invitation to order artworks. My presentation of artworks on the website www.szegfue.com does not constitute an offer, but a non-binding invitation to the customer to order them.
3.3 Descriptions of the artwork on www.szegfue.com and on other online art marketplaces such as argato or artmajeur
The nature of the artwork is determined by the artist's details or the respective descriptions. Any deviating qualities require express agreement in order to be the subject of the contract. The artwork is described as accurately as possible by the artist on the website www.szegfue.com. Colour deviations in the photographs of the artwork may be due to technical reasons.
3.4 Submitting a binding purchase offer by telephone.
You can also submit a binding purchase offer in a short telephone call with the artist. In case of unavailability, the artist will point this out. In the telephone call, you must provide your e-mail address, first name and surname as well as your full address details and telephone number or mobile phone number and the payment method: prepayment. You will then receive the contract details, the general terms and conditions and the privacy policy (order confirmation email) by email.
§ 4 Sales tax
4.1 VAT and shipping costs
According to § 19 of the Sales Tax Act (UStG) (small business regulation), no sales tax/value added tax is charged and the sales tax/value added tax is not shown in the purchase contract. The shipping costs stated in the description of the artwork are additional. The shipping costs include shipping insurance.
§ 5 Right of cancellation
You may cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods.
To exercise your right of cancellation, you must contact us at
Szegfü Art Studio
Szabolcs Szegfü
Steingrube 20, 71334 Waiblingen
+49 (0) 15904999071
E-Mail: szegfue@gmx.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
Consequences of cancellation
If you withdraw from this contract, we will - without undue delay and in any event not later than 14 days after receipt of notification of your withdrawal - refund to you all payments already received from you, including the costs of delivery (except for the additional costs incurred for a method of delivery requested by you and different from the least expensive standard delivery offered by us). We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorised otherwise; in any event, you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earliest.
The return or delivery of the goods shall be made to
Szegfü Art Studio
Szabolcs Szegfü
Steingrube 20, 71334 Waiblingen
+49 (0) 15904999071
E-Mail: szegfue@gmx.de
without undue delay, but in any case no later than 14 days after receipt of the notification of your cancellation. The deadline is met if you dispatch the goods before the 14-day period has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 6 Warranty for products
We are liable for defects in quality and/or defects of title in the products you purchase from us in accordance with the statutory warranty provisions.
§ 7 Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
§ 8 Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available for our products from time to time (‘Offers’). Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
§ 9 Member account
(1) To access and use certain areas and features of our Site, you must first register and create an account (‘Member Account’). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than yourself accesses your member account and/or your settings, they can perform all the actions available to you and, for example, make changes to your member account. We therefore strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been performed for you and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorised by you, and for any damages, expenses and losses arising therefrom. You will be liable for activities in connection with your Member Account as described above if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login credentials.
(3) You may create and access your member account through a designated website or through a third party platform such as Facebook (the ‘Social Network Account’). If you sign up through a Third Party Platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users if, for example, you breach any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your membership account by giving you two months' notice by email if, for example, we discontinue our membership account programme. You may discontinue use and request cancellation of your member account at any time by contacting us.
§ 10 Permitted use
(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly authorised by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit any data or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor our or any other site or the content contained on our Services; or (vii) use our Services to transmit or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. (viii) engage in any behaviour that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
§ 11 Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all Intellectual Property Rights therein, are either owned or licensed by us (together: ‘our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set out in relation to such content on the Site.
§ 12 Disclaimer of warranty for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided ‘as is’ and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the ‘Warranty for Products’ section above remains unaffected.
§ 13 Exemption
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
§ 14 Limitation of liability
(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A ‘material contractual obligation’ means an obligation the fulfilment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to conclusion of the contract (culpa in contrahendo). They also apply in favour of our managing directors, executives or other legal representatives, employees and vicarious agents.
§ 15 Modification of the terms and conditions and services; termination
We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms periodically and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of cancellation - without any further obligations to you - which will take effect on the date the changes come into force.
We may change the Services, discontinue the provision of the Services or one or more features of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily, for any reason and without further obligation. We will inform you in good time in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.
§ 16 Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for information purposes only. The fact that we have included links to other websites does not imply that we endorse their ownership or content.
§ Section 17 Applicable law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, defences, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact us, please send an e-mail to:
Szegfü Art Studio
Szabolcs Szegfü
Steingrube 20, 71334 Waiblingen
+49 (0) 15904999071
E-Mail: szegfue@gmx.de