General Terms and Conditions (GTC)

Your contracting party for all orders placed through this website is

B2Web AG
Bächaustrasse 61
8806 Bäch SZ
Switzerland,

hereinafter referred to as B2Web AG. www.printart.gallery, hereinafter referred to as PrintArt Gallery, is a product offered by B2Web AG.

1. General Terms

All contracts entered into with B2Web AG shall principally be made exclusively based on these General Terms and Conditions (GTC) in the version in effect at the time the order is placed. Provisions that deviate from these Terms and Conditions shall be subject to a written agreement or  written confirmation by B2Web AG. Provisions that deviate from these General Terms and Conditions are hereby expressly refuted.


2. Contractual Services and Contractual Relationships

Upon request, B2Web AG shall make available to any individual a dedicated Artist Store, to which this individual can upload images of his/her own. By opening an Artist Store, this individual becomes a business partner of B2Web AG. The partner may design the Artist Store at his/her own discretion within the defined parameters. The Artist Store is integrated into the website of B2Web AG and promoted. The Internet user (hereinafter called Customer) has the option to select designs presented in the partner’s Artist Store to compile a picture based on the parameters defined by B2Web AG and to order it through B2Web AG.
When a Customer places an Order, no contract shall be made between the Customer and the Partner, but an exclusive contractual relationship between the Customer and B2Web AG. B2Web AG shall also handle the delivery, warranty, billing and collection of the payment from the Customer.


3. Responsibility for the Product Offered

The processing of the delivered data and image products of the Partner occurs within a technically automated system that does not include a manual check and correction by B2Web AG. By uploading the image, the Partner guarantees that he/she is in possession of all copyrights inherent in the image and that it is not encumbered by third party rights. In particular, the Partner guarantees that the image does not infringe any brand name rights or other third party intellectual property rights. The Partner also guarantees that uploaded images do not violate any applicable laws.

The website of PrintArt Gallery contains only images that have been designed and uploaded by Partners. The Partners shall be solely responsible for any content offered in the PrintArt Gallery. B2Web AG shall acquire this content only and exclusively if an order is received and for the resulting individual production of merchandise.


4. Availability and Service Down Times / Maintenance Work

For its service, B2Web AG maintains a constantly monitored server system. If the system is running normally, it is warranted that the Partners’ products are properly presented by B2Web AG and that the products can be accessed by users. In this case the user is also routed to the Partners’ offered services. To that end B2Web AG warrants the constant availability of its services with the exception of inaccessibility as a result of force majeure or technical problems beyond the control of B2Web AG
With regard to capacity limits, the security and integrity of the servers or for the performance of technical measures, B2Web AG reserves the right to temporarily limit its services. B2Web AG shall undertake to implement service restrictions only if they are reasonable for the Partners and the users taking into account their respective interests.
In the event of a system failure that is neither the result of intentional nor grossly negligent conduct of B2Web AG, its employees or agents, entitlements to damage compensation shall not be accrued.

5. The PrintArt Gallery Ordering Process

The presentation of the products in the Online Store shall not constitute a binding offer, but a non-binding depiction in the online catalog. Products selected by Customers via the “Add to Shopping Cart” button will be presented to Customers in an order overview prior to completing the ordering process. This overview allows Customers to review all information provided in conjunction with the ordering process and edit or correct them via the “Back” button.  Customers confirm their order information by clicking the button “Place and pay for order now.” By doing so, they enter into a binding order with B2Web AG for the products listed therein (offer to purchase). B2Web AG accepts the offer to purchase automatically upon receipt. Immediately after the order is submitted, the Customer receives an e-mail containing the order and contract confirmation along with the order details.
The order text is archived by B2Web AG and may be sent to the customer upon request once the order is complete.

 

6. Delivery and Shipping

(1) PrintArt Gallery ships products within the EU and to some other countries. A detailed list can be found at www.printart.gallery/de/gallery/shipping-and-payment.

(2) The Customer shall pay a standard rate for postage, which may be contingent upon the value of the order, the size of the product and the delivery destination. A current list of the postage rates can be found at  www.printart.gallery/de/gallery/shipping-and-payment.

(3) The maximum delivery time shall be three weeks after the contract execution date. As a rule, orders will be processed and shipped within 3 days.

(4) In the unlikely event that the delivery time defined in (3) should not be met, the Customer shall receive a prompt and written notice from PrintArt Gallery once the delivery time has expired (§ 126b BGB). Subsequently, the Customer may also immediately take advantage of his/her statutory right to rescind/revoke (§ 126b BGB) in text format.

(5) An entitlement of the Customer to damage compensation due to late delivery of the service (§ 280 Abs. 2, 286 BGB) shall be excluded if the delay was neither caused intentionally nor as a result of gross neglect by  PrintArt Gallery.

(6) The Contract shall be made subject to timely and complete delivery receipt from sub-suppliers. This shall only apply in the event that PrintArt Gallery is not responsible for the late delivery. PrintArt Gallery shall promptly notify the customer of the non-availability of the service. Any reciprocal action that has already occurred shall also be reimbursed.

(7) We shall have the right to make partial shipments.

(8) In the unlikely event that the production resources required for the Customer’s order, we shall notify the Customer immediately and if possible, shall provide an approximate delivery date.

Prices

(1) The prices quoted for all Customers from EU countries and the countries of Switzerland and Liechtenstein shall be considered final prices. They include all stator taxes incurred, in particular value added tax. The delivery address shall be the determining factor for prices. 

(2) For all Customers outside of the EU countries and the countries of Switzerland and Liechtenstein, the quoted prices shall be considered net prices. This means that if value added tax is due in the recipient country based on local laws, this tax will have to be paid by the recipient in addition to the cost of the goods. It is also possible that import duties may have to be paid upon receipt of the goods.

(3) The compensation due for our services pursuant to Article 2 of these GTC may be derived from the most recent price list, which may be reviewed at www.printart.gallery and which we shall also specify during the ordering process. We shall have the right to change the price list for future orders without any separate notice.

7. Billing

The purchase price plus shipping costs shall be payable in advance via bank transfer, credit card (MasterCard, VISA) or PayPal since the orders are produced individually for Customers. Delivery on an open invoicing account may be made available to government agencies and key accounts in individual cases upon verification.

The credit card accounts of Customers paying via credit card shall be charged on the day following the day the order was submitted.
Customers paying via PayPal shall be automatically redirected to the payment service page of PayPal once the order process is complete. The processing of the payment thereafter shall be subject to the terms and conditions of PayPal.
Customers choosing payment in advance as their mode of payment shall receive in invoice via e-mail after placement of the order. The invoice amount due must be transferred to the account listed below stating the purpose of the payment within 7 days after the receipt of this invoice:

 

UBS AG Schweiz
Bahnhofstrasse 45
Postfach
CH-8098 Zürich
 
Kontonummer: 273-213029.01Y
IBAN: CH14 0027 3273 2130 2901 Y
BIC: UBSWCHZH80A
 
 

8. Title Retention

Until all outstanding accounts receivable have been paid, B2Web AG shall retain title to the delivered goods. If the Customer should be in default of payment of the purchase price, B2Web AG shall have the right to confiscate the objects subject to title retention after sending a payment reminder setting a reasonable remedial due date and the expiration of this due date. The claiming of title retention rights as well as the seizure or attachment of the goods by B2Web AG shall not constitute a rescission from the contract unless this is subject to mandatory laws, in particular provisions concerning consumer loans that are in conflict with the aforementioned.


9. Deficiency Claims

(1) If the Customer should be a commercial business person/entity, the Customer shall undertake to examine the goods produced immediately upon delivery within part of the Customer’s regular business operations and, if applicable, promptly send us a written claim; § 377 HGB shall apply without any restrictions.
(2) In all other cases, Customers shall have only a week to file any claims for obvious deficiencies. The claim filing time shall be contingent upon the time of delivery as well as the date of receipt of the deficiency claim.
(3) When filing claims, Customers shall be required to submit to us all documentation related to the order. Unless this is the case, the prompt verification and processing of the deficiency claim cannot be guaranteed.
(4) Deficiencies in one part of the delivered goods shall not entitle Customers to file claims for the entire delivery unless a partial delivery is not of justifiable interest to the Customer.

10. Warranty

Information provided, drawings, figures, technical data, weight, mass and performance descriptions contained in prospectuses, catalogs, memorandums, advertising or price list are for the purpose of information only. B2Web AG shall not assume any warranties for the correctness of this information. As far as the type and scope of the delivery is concerned, only the information contained in the order confirmation shall be relevant. Any warranties for the fade resistant or waterproof quality of printed materials shall principally not be provided. B2Web AG expressly points out that the printed products are designated for use in enclosed spaces only. The designations and specifications defined at the time the contract is executed represent the technical state of the art at that time. Minor technical deviations (in particular concerning the cut of the image and the print color) in the delivered goods from the advertised goods shall not be considered defects as long as they remain within the usual tolerances acceptable in the industry and if the contractual purpose is not significantly impaired. Images that are cut to size may – as common practice in the industry – may deviate minimally – but not considerably – from the specified sizes. Minor, standard trade color differences in printing may occur if the Customer’s monitor is calibrated differently and not true to color. Black/white prints may have a slight standard industry color tint as a result of color printing. Claims, credit notes as well as replacement prints because of these reasons are not possible unless the deviation is outside of the standard trade scope. Moreover, an item shall not be considered deficient if the quality has been impaired due to the inadequate quality of the image files submitted by the Partner or by the Customer (e.g. "resolution" of the original image files).

In the event of justified claims we shall have the right – at our discretion and within a reasonable period of time – to choose between new production of the product or remedial work. If the new production or remedial work should fail to produce satisfactory results, the Customer may demand rescission from the contract or a reduction of the price.

11. Terms of Delivery

Unless otherwise agreed upon, deliveries shall be made ex warehouse to the delivery address stipulated by the Customer. After the delivery the Customers shall – as a rule – receive an e-mail confirmation.

12. Licenses and Rights

12.1 Printed, physical product

Customers who purchase a printed, physical product with contents from the PrintArt Gallery acquire only the in rem title to the former. No further licensing rights of any kind shall be granted. Any reproduction (copying), distribution, rental, making accessible to the public or any other analog or digital utilization shall be prohibited. The public exhibition of acquired artwork may require the consent of the respective artist in individual cases.
The Customer may resell the work at Customer’s discretion.

12.2 Image licenses, digital product

This section describes the licensing agreement that is made in the event of a license purchase between the Customer ("Licensee") and B2Web AG ("Licensor"). By downloading an image you agree to the terms of this agreement.

12.2.1 Title to the images

All images available on PrintArt Gallery are protected by pertinent copyrights. B2Web AG and/or its Partners are in possession or control of all rights, including the copyright inherent in the images. B2Web AG and/or its Partners shall retain all rights inherent in the images unless expressly stated otherwise in this agreement.

12.2.2 Licensing terms

12.2.2.1 License free images

B2Web AG shall grant the licensee an unlimited, worldwide, non-transferable and non-exclusive right to reproduce, transfer and display the image, as a whole or in part. This right shall be applicable to all media. Moreover, the licensee shall be granted the right to derive works related to the acquired image. The provisions set forth in Section 12.2.3 shall be excluded from this right.
Licensees acquiring the license on behalf of Customers, the license shall be in effect for only one Customer. A new license shall be required for every additional Customer.
The licensee may modify the image, cut it or adjust it. The licensee may make a back-up copy of the content.

12.2.2.2 Web/social media license

B2Web AG grants the licensee a worldwide, non-transferable and non-exclusive right to display the image on a single website, a single advertising network or a single social network. The provisions set forth in Section 12.2.3 shall be excluded from this right.
Licensees acquiring the license on behalf of Customers, the license shall be in effect for only one Customer. A new license shall be required for every additional Customer.
The licensee may modify the image, cut it or adjust it. The licensee may make a back-up copy of the content.
Possible uses include advertising banners, social media/blog posts and editorial uses.

12.2.2.3 Resale license

B2Web AG shall grant the licensee an unlimited, worldwide, non-transferable and non-exclusive right to reproduce, transfer and display the image, as a whole or in part. This right shall be applicable to all media. Moreover, the licensee shall be granted the right to derive works related to the acquired image. The provisions set forth in Section 12.2.3 shall be excluded from this right, excluding section “b.”
Customers may integrate the image in a printed or electronic format into products for resale or distribution (including templates and on demand products) regardless of the volume printed or the production units (including individual downloads), screensavers or background images for mobile devices, website designs, presentation slides, electronic greeting cards, printed greeting cards, business cards, T-shirts and other clothing or accessories, shopping bags, mugs, magnets, calendars, posters and any other electronic or printed object provided this product:
a) Combines the image with words and/or other graphics or
b) The image is not the primary sales driver of this product.
Licensees acquiring the license on behalf of Customers, the license shall be in effect for only one Customer. A new license shall be required for every additional Customer.
The licensee may modify the image, cut it or adjust it. The licensee may make a back-up copy of the content.

12.2.3 Restrictions

In the absence of our written consent, Licensees shall not be permitted to do the following:

a. Sell or assign sub-licenses or transfer rights to third parties.

b. Integrate the images into a template used for the production of electronic or printed products, including on demand products as well as website designs, presentation slides, electronic greeting cards, business cards, T-shirts, mugs, calendars, posters, screensavers or background images for mobile devices or other electronic or printed objects without acquiring a licenses for these specific purposes.

c. Provide end customers with access to an unprotected image file with more than 800 x 600 pixels for depiction or advertising purposes.

d. Use the images for logos or trademarks.

e. Use the images in pornographic, defamatory, insulting or otherwise illegal contexts.

f. Give others the false impression – expressly or implied – that the licensee is the original creator of the image.

12.3.4 Product acceptance or liability exclusion in the event of sensitive uses

If an image is used featuring a model in a way that would prompt a reasonable person to possibly presume that the model has a personal relationship with a product, an ideology or service, or if the depiction of the model in connection with an object is presented in an embarrassing or inappropriate manner, the licensee shall be required to add a highly visible explanation to any such use stating that the person is a model and that the image is used for illustration purposes. 


13. Right to Rescind

At this point we most underscore that works from the PrintArt Gallery in sizes, designs, finishes and details that can be chosen at the Customers’ discretion (“customized product”) are excluded from any rescission rights since the compiled works have been individually produced based on the Customer’s specifications and are tailored to the Customer’s personal needs. For individually produced products any right to rescind from the order is excluded pursuant to § 312 d Sect. 4 No. 1 BGB (German Civil Code, Rescission and Return Rights in Remote Sales Contracts).

14. Liability

PrintArt Gallery shall assume liability for damages other than personal injury, loss of life or health damages only if such damages are the result of culpable breaches of cardinal contractual duties or of intentional or grossly negligent conduct on the part of PrintArt Gallery or its agents. Any liability beyond this scope shall be excluded. This shall be without prejudice to the provisions of the Product Liability Act.

15. Final Provisions

The sole place of jurisdiction for all disputes arising from this contract shall be Schwyz (Switzerland). The same shall apply if a Customer does not have a general domestic place of jurisdiction or if a Customer moves his/her place of residence or common domicile to a foreign jurisdiction or if his/her place of residence or common domicile is unknown at the time a complaint is filed in court. B2Web AG shall also have the right to file suit against the Customer at the Customer’s general place of jurisdiction.
All contracts made on the basis of these General Terms and Conditions and any entitlements arising from the former, regardless of what kind of entitlements they are shall be governed solely by Swiss law.