General Terms and Conditions

 

1. General terms and conclusion of the agreement
All agreements with Cool-Art-Studio.com are effected exclusively on the basis of these General Terms and Conditions or of the General Terms and Conditions of Cool-Art-Studio.com respectively as amended at the time the order is placed.


Provisions that deviate from these terms require a written agreement or a written confirmation respectively by Cool-Art-Studio.com. Regulations deviating from these General Terms and Conditions are hereby expressly rejected. In commercial dealings, these General Terms and Conditions do also apply to all future business relations even if not agreed expressly again.


The offers shown on the Internet side of Cool-Art-Studio.com constitute a non-binding invitation to the customer for ordering products with Cool-Art-Studio.com. A contract is established only after an order placement in a written form from the customer. Cool-Art-Studio.com reserve the right to decline the customer order in some cases, especially in cases such as that the customers are considered as unworthy of credit.


2. The customer's obligations
The client may only use the Cool-Art-Studio.com web site according to the present terms and conditions of business and use.


The customer is responsible to clearly specify the required information such as name, address etc. correctly and completely. Any damages / additional costs resulted from the false information provided by the customer will be taken care of by the customers.


The client may not send any photos with punishable contents to Cool-Art-Studio.com, in particular containing or showing child pornography, glorification of violence or race discrimination or infringing third parties' rights. The client shall be responsible for the contents of the photos sent to Cool-Art-Studio.com by it. It shall be liable for all damage culpably incurred by Cool-Art-Studio.com, its employees or third parties by its use of the service of the Cool-Art-Studio.com web site and shall hold Cool-Art-Studio.com harmless against such claims by third parties.


3. Terms of delivery
Cool-Art-Studio.com shall use reasonable endeavors to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times.


Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.


Products will be delivered within 5-10 working days after payment has been settled.


If one delivery to the customer address is not successful, the customer is responsible for the costs of further deliveries.


4. Warranty, Liability and Right to revocation


(1) The Warranty does not cover the color fading and a complete waterproofness of the images. Cool Art Studio assumes that all printed images to be used only in a enclosed space.


(2) Printed materials can slightly deviate in the shape (depending on the manufacture and printing technology), in the dimensions and in the format as well as in material and surface qualities. This cannot be fully avoided. Such deviations do not entitle the customer to notify a defect. There is no material defect if the delivered quality meets the technical standard of digital photographic development and processing. There is no material defect either, if the loss of quality is caused by insufficient quality of the image files sent by the customer (e.g. "resolution" of the original image files). Any special quality of the products to be delivered is not agreed.


(3) Due to the fact that there are always differences between the pictures shown in different monitors and the printed canvas, it is possible that small differences (i.e. color contrast, color differences) exist between the canvas print you receive and the pictures you see in your monitor. Please be aware of and accept this fact before you place the order.


(4) If there is a defect in the ordered products, Cool-Art-Studio.com is committed to remedy the defect or to replace the delivered products. Should Cool-Art-Studio.com not meet its duty to remedy within a set time limit of 14 (fourteen) days or if two attempts of remedy fail, the customer is entitled to withdraw from the contract, to reduce the purchase price, to damages and to compensation of wasted expense.


Liability is with the exception of harming one's life, body and health and violating material obligations of the agreement (crucial duties), Cool-Art-Studio.com is only liable for damages that may be attributed to intentional or gross negligent behavior. This does even apply to consequential damages like particularly to lost profit. Claims to liability based on Product Liability Law remain unaffected.


The products ordered with Cool-Art-Studio.com are manufactured according to customer specifications or have explicitly been customized to the customer's personal needs. Hence, there is no right to revocation pursuant to Sec. 312d Sub-clause. 4 No. 1 Civil Code with orders for individual imprinting on canvas.


5. Data protection, Data backup
The client knows and approves the fact that its personal data necessary for commission and order handling as well as archiving are stored on data media. It expressly approves of recording, processing and use of its person-related data. Processing of the data is done in compliance with the Federal Data Protection Act as well as the Tele-Service Data Protection Act. All data shall be treated confidentially. The client shall have the right to revoke this approval with an effect for the future at any time. In this event, Cool-Art-Studio.com engages to delete the personal data immediately unless an order process has not been completely dealt with.


When the order is placed, it is taken for granted that the customer is backing up his data records even beyond the time the work has been delivered to him. The customer cannot claim that Cool-Art-Studio.com is backing up the data, which he has sent.


6. Prices and Payment
(1) All mentioned prices are inclusive the applicable statutory VAT, but excluding the costs for packaging and shipment. We will invoice the costs for packaging and shipment separately according to our price list.


(2) The customer can pay per Paypal or bank transfer.


(3) Only the prices and costs for shipment that have been communicated at the time the order was placed are decisive.


(4) Deliveries by Cool-Art-Studio.com are made only with payment in advance. Payment is effected by transferring the due amount into an account of Cool-Art-Studio.com. The order will not be executed before that amount has arrived.


(5) If there has not arrived any money in the account mentioned in the confirmation within 14 (fourteen) days following the conclusion of the agreement pursuant to Sec. 2 of these GTC, Cool-Art-Studio.com shall be entitled to cancel the order and to