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: firstname.lastname@example.org) 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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1. An overview of data protection
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. General information and mandatory information
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
The Art of Wild GmbH
Telephone: +49 7557 929 77 80
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Encrypted payments on this website
If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.
Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon in your browser line is visible.
In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. Data collection on our website
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Registration on this website
You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.
To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.
We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.
Processing of data (customer and contract data)
We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
Data transmitted when entering into a contract with online shops, retailers, and mail order
We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
4. Analytics and advertising
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objecting to the collection of data
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic data collection by Google Analytics
This website uses Google Analytics' demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section "Refusal of data collection".
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the "unsubscribe" link in the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.
6. Plugins and tools
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.
If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
Our website uses features provided by the Vimeo video portal. This service is provided by Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.
If you visit one of our pages featuring a Vimeo plugin, a connection to the Vimeo servers is established. Here the Vimeo server is informed about which of our pages you have visited. In addition, Vimeo will receive your IP address. This also applies if you are not logged in to Vimeo when you visit our website or do not have a Vimeo account. The information is transmitted to a Vimeo server in the US, where it is stored.
If you are logged in to your Vimeo account, Vimeo allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.
7. Payment service providers
Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.
If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
We are happy to support you in case of questions. Simply contact us via our contact form.
Your The Art of Wild Gallery Team.
Information provided according to Sec. 5 German Telemedia Act (TMG):
The Art of Wild GmbH
Patrizia Schiavi, Geschäftsführerin
Telephone: +49 7557 929 77 80
Telefax: +49 7557 929 77 81
Entry in the Handelsregister.
Registering court:Amtsgericht Freiburg
Registration number: HRB 714354
VAT Id number according to Sec. 27 a German Value Added Tax Act:
Responsible for contents acc. to Sec. 55, para. 2 German Federal Broadcasting Agreement (RstV):
Patrizia Schiavi, Langengarten 7, 78355 Hohenfels
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
Please find our email in the impressum/legal notice.
We do not take part in online dispute resolutions at consumer arbitration boards.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.