General Terms and Conditions of i-net-gallery
This is only a translation of the German General Terms and Conditions of i-net-gallery which are exclusively authoritative in case of any dispute.
1. General Remarks
The i-net-galerie GmbH & Co. KG (in the following mentioned as "i-net-gallery") offers its services exclusively on the basis of the following General Terms and Conditions (in German: Allgemeines Geschäftsbedingungen, AGB): Differing terms and conditions of a customer as well as changes and amendments to these ABGs are valid only if they have been approved by i-net-gallery in writing.
2. Scope of rights
2.1 The works offered by i-net-gallery are protected by copyright - without any exception. All rights of use are held by the Gallery. These rights can only be conveyed to a third party, if i-net-gallery has been fully reimbursed.
2.2 In case a customer would like to add a picture provided by i-net-gallery to e-mail messages, he/she can acquire the right, to insert the picture selected to one e-mail message of his choice, for a single time only. Any usage that exceeds this entitlement is inadmissible; prohibited in particular are copying, publishing, distributing or any sort of processing. The customer is only entitled to download the work from our databank onto his/her computer and to use it in the way described above.
2.3 In case the customer buys a physical copy of a work, f.e. a poster, a postcard or an ecard, he is not allowed to duplicate, publish, distribute or process it in any way.
2.4 I-net-gallery assures that it holds the copyrights for all works it offers, as stated in the contract. No third-party are infringed.
3. Terms of delivery
3.1 Dates of delivery must be formally agreed upon by both parties. If it is not otherwise agreed upon, a customer is required to extend the original term by an approriate period of time in case of delay.
3.2 I-net-gallery is entitled to part delivery if this is not excluded by the nature of the contract or if it does´nt create an undue burden.
3.3 The customer has to bear the risks of transportation, once i-net-gallery has handed the shipment over to the postal service or any other carrier chosen by i-net-gallery. This holds even if the cargo itself is still property of i-net-gallery or if delivery takes place at the same location.
4.Terms of Payment
4.1 The charges for using works of i-net-gallery - either as addendum to e-mail notes or in physical form as posters or postcards - are in each case defined by the current price list of i-net-gallery. The customer can choose the currency he would like to pay in ( DM, US-$, EURO). Once chosen, the currency cannot be changed during the duration of contract.
4.2 The invoice has to be paid with no delay, as soon as the work in question has been used or the physical copy has been received. In case of delay, i-net-gallery is free to charge either the full damage caused by the delay or an interest on defaulted payment that would usually exceed the current discount rate by 3 percentage points. In case of dispute, it is up to the customer to prove that the actual interest rate to cover the damage ought to be lower.
4.3 Defense of rights of retention is excluded. The customer is only allowed to offset claims of i-net-gallery with counterclaims that have been proven in court or are acknowledged respectively undisputed by i-net-gallery.
5. Time of Delivery
I-net-gallery commits itself to deliver sold goods to the customer within 7 workdays. In case of delayed delivery, after more than 7 seven workdays , the customer is entitled to allot an appropriate period of time to exert the delivery; this allotment has to be made in writing. If the deadline cannot be met by i-net-gallery, the customer is entitled to have the contract cancelled afterwards.
6. Retention of Ownership
Delivered goods remain property of i-net-gallery as long as they are not fully paid for by the customer. The customer is allowed to resell or reuse such goods only with previous consent by i-net-gallery.
In case of justified complaints about the goods sold, i-net-gallery preserves the right to reproduce or redeliver such goods. Only if i-net-gallery fails to this, the customer is entitled to have the contract cancelled or to claim an approriate discount.
I-net-gallery is not liable for technical breakdowns , whose causes are not within in the scope of its responsibility, the same holds for cases of force mayeur. Moreover, i-net-gallery can only be held responsible for cases of wilful default or utter negligence. Compensation for consequential damages is excluded.
9. Complimentary Close
Legal foundation for these terms and conditions is the Law of the Federal Republic of Germany. If both parties have the status of fully qualified merchants, place of fulfilment and jurisdiction ought to be Konstanz.