TERMS AND CONDITIONS
These general terms and conditions have the purpose to settle the business relationship between the Art of Wild Gallery and you in a fair and binding manner.
Validity of Terms and Conditions
Deliveries, services and offers of The Art of Wild GmbH, Langengarten 7, 78355 Hohenfels, Germany, are subject to these Terms and Conditions (hereinafter referred as “GTC”). The contractual language is German.
Offer and Conclusion of Contract
The Art of Wild Gallery offers you the opportunity to purchase high-quality, limited edition photographic artwork.
The representation of the various offers on this website is subject to quotation in terms of the “BGB” (German Civil Code). In particular with regard to the presentation of products on our website, we are not obliged to articles available in stock, unless stated differently in the article description.
You, the customer, will have the opportunity to put the offered articles of this website into the shopping cart. During the payment process, you are asked to confirm the articles by entering your delivery address and select the payment method. By submitting a binding order, you have submitted a legally binding order, which is only accepted upon explicit confirmation from us or the delivery of the article.
The sale of our products is only possible in commercial quantities.
The prices of our articles indicated on our website are gross prices and are therefore inclusive of VAT. You have the possibility to pay by debit note (only possible from a German bank account), by credit card through PayPal or by advance payment.
In the event of insufficient funds or unjustified objection to the debit, The Art of Wild GmbH reserves the right to claim a handling fee of 10.00 Euros.
Delivery, Shipping, Returns
Delivery is by default is via parcel service or forwarding agent to your stated delivery address. The normal delivery time is about fourteen days.
Please take special attention to the fact that you are obliged to examine the shipped goods for possible damages immediately on receipt and to inform the parcel service or forwarding agent accordingly prior to your acceptance. After acceptance of goods, you are obliged to report discovered obvious defects in writing to us within seven (7) days. In case of failure, any claims concerning obvious defects are excluded after this period.
We reserve the right to deliver the respective article only after receipt of full payment.
In case of a necessary return of the goods to us, the article(s) must be returned in appropriate packaging and protected from damage.
Shipment throughout Germany is free of charge (except to German islands). Shipping costs for German islands or abroad will be provided upon request. During ordering process on our website you will be explicitly advised in this regard.
Retention of title
You acquire ownership of the delivered goods upon full payment of the agreed purchase price including shipping costs. Until then, the articles remain our property.
No transfer of rights, public exhibitions
You will not acquire any legal rights of use of the submitted prints according to the German Copyright Act concerning the motifs that obey the legal conditions of the copyright, however, you will only acquire property of the supplied image. Thus, you are not allowed to use the photograph in any other way, e.g. reproduction, provision to third parties or granting sub-licenses and/or reproduction for that purpose. The sale of the image as a whole, however, will not be affected and is always possible.
Any public exhibition of the artwork will require individually the expressed authorization of the respecting artist.
Offset and Retention
You may only have the right to offset claims that are recognized legally established or that are accepted by us. To exercise a lien, you are only authorized if if your counterclaim is based on the same contractual relationship.
Right of Revocation / Cancellation Policy
We point out that for any pieces of art that have been selected individually in size and design (refer to “Please select:” in the ordering process) there is no right of revocation as the produced artworks will be manufactured individually according to your selection. For individual products the right of revocation is excluded following § 312 g, paragraph 2 No. 1 BGB (German Civil Code).
Concerning orders of pre-manufactured goods the following right of revocation applies.
Right of Revocation
You have the right to withdraw this contract within fourteen days without indication of any reason.
The revocation period is fourteen days starting from the date on which you or a representive from your third party (other than the forwarding agent) have taken possession of the goods.
To exercise your right of revocation you have to inform us (The Art of Wild GmbH, Langengarten 7, 78355 Hohenfels, Germany, Phone: +49 7557 929 77 80 Fax: +49 7557 929 77 81 eMail: email@example.com) by means of a clear declaration (e.g. written and signed letter by post, fax or eMail) of your decision to withdraw from this contract. You can use the revocation template, which is not mandatory, however.
To meet the withdrawal deadline, it is necessary that you send your declaration of withdrawal prior to the expiration of the revocation period.
Consequences of Revocation
In case of withdrawing this contract we will reimburse all payments that we received from you, including the shipment costs (with the exception of of additional costs arising from a chosen shipment method other than our standard shipping) without delay and within fourteen days from the date on which receipt of your revocation statement was received. For the reimbursement, we will use the same payment method that you used for the original transaction, unless we have expressly agreed upon a different method. In no case will fees be charged to you for reimbursement.
We may withhold reimbursement until we have received the returned, or unless you provide evidence that you returned the goods – whichever is the earliest.
You are obliged to return or hand over the goods immediately and in any case within fourteen days from the day informing us about the revocation of this contract. The deadline is met if you return the goods prior to the expiration of the deadline of fourteen days.
You bear the direct costs for the return of the goods.
You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
End of revocation
Template for Revocation
(Should you wish to withdraw from the contract, please fill in this form and send it back.)
The Art of Wild GmbH
Fax: +49 7557 929 77 81
Hereby, I withdraw (*) / we are withdrawing (*) from the concluded contract concerning the purchase
of the following goods (*) / provision of the following services (*):
Ordered on (*) / Received on (*):
Name of customer:
Address of Customer:
Date, Signature of consumer
(*) Please delete where applicable.
End of Revocation Form
_ _ _
Warranty and liability
We and our agents or legal representatives will be liable, as a customer, in case of violation of duties that are not essential contractual obligations only due to gross negligence or intent. Excluded are claims due to violation of life, limb, health or imperative legal requirements. Replacement of any indirect damage is excluded.
Please note that all photographic pieces of art can change or bleach under certain environmental influences. The Art of Wild GmbH assumes no liability for this natural change process.
Please pay special attention to the fact that photographs, laminations and frames may not be left in direct sunlight. The artworks should also not be placed above radiators. The humidity may not exceed the level of normal living rooms. We especially point out that photographs, laminations and frames are also unsuitable for outside spaces, cellar rooms, bathrooms and kitchen. Laminations with acrylic glass and wooden frames are furthermore quite susceptible to scratches and stains: thus, they may only be touched with gloves or comparable protection.
Dimensional deviations of the prints and designs cannot be rejected if the deviations can be classified within the industry or commercially.
For colour reproductions in all manufacturing processes, slight deviations from the online illustrated work may not be rejected. The same applies for comparison between other templates, such as proofs or press proofs and the final piece of artwork.
Hand Signed Certificate of Authenticity
Each single piece of art that is purchased in our online gallery is provided with a certificate of authenticity signed by the artist. The certificate contains the details of the image, design and edition number. We use the recognized Hahnemühle Hologram System. Your piece of art will be equipped with a non-removable hologram on the backside which has a unique worldwide number. The twin hologram with the same number is put on the certificate of authenticity ensuring the identity between piece of art and certificate.
For organizational reasons, you will receive the certificate of authenticity separately by mail. There is often a time delay between the certificate of authenticity the shipment of artwork and receipt of the certificate, but the certificate has no influence on the revocation period.
Place of Fulfillment, Jurisdiction
The law of the Federal Republic of Germany shall apply.
The invalidity or ineffectiveness of individual provisions of this GTC does not affect the validity of the other regulations. The parties are obliged to replace the defective regulation by such a regulation that comes close to the actual, economic and legal sense.
Shall the customer be a merchant or has no general place of general jurisdiction in the Federal Republic of Germany, the agreed jurisdiction is Constance, Germany.
The websites of www.the-art-of-wild.com will collect, store, process and use personal data only in terms of the IP-address and under consideration of the regulations of the German Telemedia Act (Telemediengesetz - TMG) and the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG). The deletion deadlines will be observed. You can visit our sites without personal information. Personal data is only collected if you are willing to provide it voluntarily as notified during your visit to our website, or as permitted by law. Personal data is at no time transferred to third parties. Your transferred personal data (e.g. via the contact form) will only be used for the transaction of your enquiry.
Personal data is at no time transferred to third parties.
This website is using Google Analytics, an online web analytics service of Google Inc. (“Google”). Google Analytics is using so called “Cookies”, text files, that are saved on your computer and which allows an analysis of the use of our website by you. The information generated by the cookie concerning your use of this website will normally be transferred to a Google server and stored there. On behalf of the operator of this website Google will use this information in order to evaluate your use of the website, in order to collect reports about the website activities and in order to provide further services related to the use of our website and internet towards the website operator. The IP-address transmitted by your browser to Google Analytics will not combined with any other information held by Google.
We collect and store information that you enter on our website or convey to us in any other form. This is done solely to process your requests and to avoid a possible abuse.
These data will be deleted applying within the legal regulations.
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Statutory Regulations of Data Protection of The Art of Wild GmbH
For the security of your information.
The Art of Wild strives for accuracy of all information published on the website. A liability or guarantee for the timeliness, accuracy and completeness of the information and data provided is excluded. Changes or additions to the information or data may be made by The Art of Wild at any time without prior notice.
- Data collection, processing and use of your data
1.1 You can visit our site without disclosing any personal information. We only store data without reference to individuals such as: the name of your Internet service provider, the page from which you visit us or the name of the requested file. This data is used solely for the purpose of improving our services and cannot be traced back to you.
1.2 Personal data will only be collected if you provide it in the context of your order of goods, when opening a customer account or when registering for our customer newsletter. We use the information provided without your express permission, solely for the processing of your order, in the context of any subsequent warranty claims, for our services and for sending product-related information in our The Art of Wild-newsletter. During the ordering process, the transfer of your personal information to third parties will be done solely to the parties involved in the management, execution and delivery of your order such as our partner logistic company and the banks engaged in payment matters. A transfer of your data to other third or a use for advertising purposes does not take place. Your data will be stored during the existence of your account. If you want to delete your account, you can send an email to our customer service and request deletion at anytime.
1.3 We will regularly send you carefully selected deals on our products via eMail. We use this eMail advertising only in the extent permitted by law, or if you have authorized us to do this. Your eMail address will not be shared with other companies. You can object to the use of your data for advertising purposes by notifying us at any time with a simple eMail.
2.2 We use our own cookies and third parties cookies for statistical surveys and for handling and securely managing the ordering process during your visit on our website. No personal information is transmitted. All transactions with banks are encrypted. "Cookies" - small text files on your computer – are designed on industry standards and are a way to improve the usability of our website for you. Most of the cookies we use are deleted from your hard drive by ending the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize your computer the next time you visit our site. Long-term cookies contain no personal information about you. Therefore no personal information can be passed on to third parties from these cookies.
- Explicit consent
3.1 You agree that your personal data will be automatically stored for the fulfillment of this contract and processed by us. In regard to the future, you can revoke your consent at any time.
3.2 You also consent to that information in the form of long-term cookies are stored after the end of the browser session and can be accessed during your next visit. You can withdraw your consent to the storage of the long-term cookies at any time with effect for the future by denying cookie acceptance in your browser settings.
- Right to information for visitors and users
According to the Federal Data Protection Act, you have a right to free information about your stored data and a right to rectification, blocking or erasure of data.
- Applicable law
All information or data and their use on the websites of The Art of Wild are subject to German law.
- Contact for Privacy
For questions regarding the collection, processing or use of personal information, the disclosure, correction, blocking or deletion of data and revocation of consents granted, please contact:
The Art of Wild GmbH, Langengarten 7, 78355 Hohenfels
Fax: +49 (07557) 929 77 80
or eMail customer service at: firstname.lastname@example.org
We are happy to support you in case of questions. Simply contact us via our contact form.
Your The Art of Wild Gallery Team.
According to Section 5 TMG:
The Art of Wild GmbH
Patrizia Schiavi, Managing Director
|Telephone:||+49 7557 929 77 80|
|Telefax:||+49 7557 929 77 81|
Registration in the commercial register.
Registration court : Freiburg district court
Register number: HRB 714354
VAT-ID according to Section 27 a of the German Value Added Tax Act:
Responsible for the content according to Section 55/2 of the Interstate Broadcasting Treaty (RStV):
Patrizia Schiavi, Langengarten 7, 78355 Hohenfels
Note about the EU Mediation
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
You can find our eMail address above in imprint.
Liability for content
As service provider we are responsible for our own content on these pages under the general laws according to Section 7/1 of the German Telemedia Act (TMG). According to Section 8 to 10 of the TMG we are not obligated as a service provider to monitor transmitted or stored information, or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, a relevant liability is possible only from the date of knowledge of a specific infringement. Upon notification of such violations, we will remove this content immediately.
Liability for links
Our site contains links to external websites, over which we have no control. Therefore we cannot assume any responsibility for their content. The provider or operator is responsible for the contents of linked pages. The linked sites were checked at the time of linking for possible legal violations. Illegal contents were not recognizable at the time of linking. Permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of such violations, we will remove such links immediately.
The content and works on these pages created by the site operators are subject to German copyright law. Copying, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the author or artist. Downloads and copies are permitted only for private, non-commercial use. Insofar the operator does not create the content, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you still be aware of copyright infringement, we kindly ask that you notify us. Upon notification of violations, we will remove the content immediately.
Protection of Privacy
The use of our website is possible without any indication of personal information. The collection of any personal data (such as name, address or eMail address) is only collected if you are willing to provide it voluntarily. Your data will be not given to third parties without your express consent.
We point out that data transmission over the Internet (for example, when communicating via eMail) can have security gaps. A complete protection of data against unauthorized access by third parties is not possible.
Information, erasure or blocking
You always have the right to receive information about your stored personal data, including its origin, destination, purpose of the data processing and the right to correct, block or delete this data. For this purpose, as well as other questions relating to personal data, you can contact us at any time at the address stated on the imprint.
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain on your computer until you delete them. These cookies allow us to recognize your browser the next time when you visit our site.
Server Log Files
The provider of the sites automatically collects and stores information in so-called server log files, which your browser automatically sends to us. The information includes:
- Browser type/ browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of server request
The data are not allocable to specific individuals. We do not consolidate the data with other data sources. We reserve the right to examine this data retrospectively when concrete evidence of unlawful use is known.
If you send us requests via contact request form, the data you provide on the request form, including contact information, will be stored for the purpose of processing the request and in the case of follow-up questions with us. This data will not be disclosed without your consent.
Opposition to Promotional Emails.
In accordance with the imprint, the use of contact data for sending unsolicited advertisements and information materials is hereby rejected. The operators of the sites will expressly undertake legal steps in case of unsolicited promotional information, such as spam eMails.
If you want to receive the newsletter offered on the website, we need your email address and information that allows us to verify that you are the owner of the eMail address, and that you agree to receive the newsletter. Further data will be not collected. We only use this information to send the requested information and we do not pass it on to third parties.
Consent to the storage of the data, eMail address and the newsletter subscription can be revoked at any time, for example through the "unsubscribe" link in the newsletter.