Terms of use | Jendel Artworks

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General terms and conditions (AGB) of Jendel Artworks

1. General provisions

The following terms and conditions are part of the contract between the sole proprietorship Jendel Artworks (hereinafter: Jendel Artworks), represented by Walter Jendel or Dalix Sanchez, and the customer (hereinafter: customer) and their legal successors.

All contracts or services from or by Jendel Artworks come into existence exclusively on the basis of these terms and conditions in the version valid at the time of the order. Provisions that deviate from these conditions require written confirmation by Jendel Artworks. Regulations deviating from these terms and conditions are hereby expressly rejected. We only accept orders placed verbally, by telephone or electronically with the inclusion of our applicable terms and conditions. Deviating terms and conditions of the customer are not valid unless they have been recognized in writing by Jendel Artworks.

2. Contract

The presentation of the services, especially in brochures, advertisements and on the Internet, does not yet constitute a binding offer by Jendel Artworks. A contract is only concluded with a written order confirmation from Jendel Artworks or when the contract is executed by Jendel Artworks. Collateral agreements, changes and additions are only valid if Jendel Artworks confirms them in writing. Jendel Artworks reserves the right to refuse customer orders in individual cases. In particular, customer orders can be rejected if the order deviates from the requirements specified by Jendel Artworks or if the customer is known to be unworthy of credit.

3. Copyrights

Copyright to the works created by Jendel Artworks

All works created by Jendel Artworks (including texts, photographs and graphics) are protected by copyright. Unless expressly stated otherwise, the copyright lies with Walter Jendel and Jendel Artworks. Please use the contact form to inquire if you would like to use the content of the website or the works.

Contents published under the “Creative Commons” license are marked as such. They may be used in accordance with the specified license conditions. Anyone who violates copyright law (e.g. unauthorized copying of works, images or texts) is liable to prosecution, is also subject to a fee and has to pay compensation. In this respect, the duplication, distribution, making publicly available, changing and editing the content of Jendel Artworks are prohibited.

3.2 Copyrights to Image Materiall

Jendel Artworks also uses third-party image material and is therefore not the author of the images offered on its website when third-party images are used. In this case the author is a partner of Jendel Artworks or the customer sending his own pictures. Jendel Artworks has received an unrestricted right of use for the images from the respective partner and is authorized to use the respective images for the products offered to the customer and to sell these products to the customer, to grant the customer a right of use and to transfer the products, so that the delivered products are free from third party rights. This does not apply to image licenses (see Section 4). The respective partner has also assured Jendel Artworks that the described use of the images does not conflict with any copyrights, other property rights or other rights of third parties. The products sold as such may only be used by the customer for private use, indefinitely and worldwide. In this respect, commercial resale in particular, as well as any duplication, distribution, making available to the public, modification and processing of the products is prohibited.

4. Image Licenses

This section describes the license agreement that is concluded between you ("Licensee") and Jendel Artworks ("Licensor") in the event of a license purchase. By downloading the image, you agree to the terms of this agreement.

4.1 Ownership of Images

All images on the website or otherwise transmitted electronically are protected by copyright. Jendel Artworks and / or its partners own or control all rights, including copyright, to the images. Jendel Artworks and / or its partners retain all rights to the images, unless expressly stated otherwise in this agreement.

4.2 License Terms

4.2.1 Royalty-free

Jendel Artworks grants the licensee an unlimited, worldwide, non-transferable and non-exclusive right to reproduce, transmit and display, in whole or in part. The right applies to all media. In addition, the licensee receives the right to create derivative works relating to the acquired image. The provisions in Section 4.3 are excluded from this right. If you purchase the license on behalf of customers, the license is only valid for one customer. A new license must be purchased for each additional customer. The licensee may change, crop or adapt the image. The licensee may make a backup copy of the content.

4.2.2 Acquiring a Web / Social License

Jendel Artworks grants the licensee a worldwide, non-transferable and non-exclusive right to display on a single website, a single advertising network or a single social network. The provisions in Section 4.3 are excluded from this right. If you purchase the license on behalf of customers, the license is only valid for one customer. A new license must be purchased for each additional customer and for each additional advertisement. The licensee may change, crop or adapt the image. The licensee may make a backup copy of the content. Possible applications are advertising banners, social media / blog posts or editorial use.

4.2.3 Acquiring a Resale / Extended License

Incorporate the image in print or electronic form in products for resale or distribution (including templates and products "On Demand") regardless of the size of the print run or production units (including individual downloads), screen savers or background images for mobile devices, website Designs, presentation templates, electronic greeting cards, print greeting cards, business cards, t-shirts and other clothing or accessories, tote bags, mugs, magnets, calendars, posters or any other electronic or printed item, provided this product:
a) The image combined with words and / or other graphics or
b) The image is not the primary driving force behind the sales of this product.

If you purchase the license on behalf of customers, the license is only valid for one customer. A new license must be purchased for each additional customer. The licensee may change, crop or adapt the image. The licensee may make a backup copy of the content.

4.3 Limitations

Without express written consent, licensees may not:

Sell or assign sublicenses or transfer rights to third parties.

Embed the images in a template whose purpose is the production of electronic or printed products, including on-demand products as well as website designs, presentation templates, electronic greeting cards, business cards, t-shirts, mugs, calendars, posters, screensavers or background images for mobile To acquire devices or other electronic or printed items without a license for this purpose.

Giving end customers access to an unprotected image file of more than 800 x 600 pixels for presentation or advertising purposes.

Use the images for logos or trademarks.

Use the image in a pornographic, defamatory, offensive or otherwise unlawful context.

Giving the incorrect impression, expressly or implicitly, that the licensee is the author of the image.

4.4 Exclusion of product approval or liability for sensitive use

When an image with a model is used in a way that a reasonable person might believe that the model is personally in contact with a product, ideology or service, or when the representation of the model is associated with an object happens in embarrassing or inappropriate form, the licensee must include a conspicuous statement with any such use that the person is a model and the image is being used for illustration purposes only.

5. Duty of the customer

The processing of delivered data and image products of the customer takes place without a preliminary examination by Jendel Artworks. By uploading files, the customer confirms that he has the right to distribute and reproduce the contents and materials of this file. The customer guarantees that the content and materials of a sent file do not violate applicable law. In particular, the customer guarantees:

That the templates (in particular image and text files), content and materials that are sent to Jendel Artworks do not infringe any copyrights or rights of use, trademarks, personal rights or other rights of third parties

That there are no illegal, violence-glorifying, inciting, racist templates, materials and content, propaganda, symbols of unconstitutional parties or their substitute organizations or instructions on criminal offenses; Pornographic templates, materials or content that is the subject of the sexual abuse of children or sexual acts with animals and also no discriminatory statements or representations with regard to race, gender, religion, nationality, disability, sexual orientation or age are sent to Jendel Artworks.

That no laws for the protection of young people or criminal laws are violated.

In the event of a violation of such rights, the customer releases Jendel Artworks from all third-party claims. If necessary, the customer will support Jendel Artworks in defending against claims. Costs (legal fees, court fees, penalties, etc.) that arise as a result are borne by the customer.

Jendel Artworks is not obliged to perform services that knowingly or unknowingly result in a legal violation by Jendel Artworks. In such cases, Jendel Artworks is entitled to refuse performance and, once it becomes known, to withdraw from the contract. If the content of the files sent by the customer violates criminal law, Jendel Artworks reserves the right to file criminal charges.

6. Terms of delivery

Partial deliveries are permitted and count as independent deliveries, unless a partial delivery is exceptionally unreasonable for the customer. Any resulting additional costs will not be charged to the customer. Jendel Artworks always endeavors to meet the specified deadlines. If Jendel Artworks is in default, the buyer can withdraw from the contract in accordance with the following provisions. The period of grace to be set by Jendel Artworks is two weeks. The period begins with the receipt of the extension by the customer at Jendel Artworks. In the event of delivery disruptions that are not within the sphere of influence of Jendel Artworks (in particular due to force majeure) and were not culpably caused by Jendel Artworks, Jendel Artworks is entitled to withdraw from the contract, provided that the obstacle to performance is not only of a temporary nature, without any liability to pay compensation. During the time of the obstacle, Jendel Artworks is not in default. The purchase price already paid will be refunded in the event of withdrawal. Orders and all services are only fulfilled by Jendel Artworks if there are no payment arrears from other contracts. Payments are first offset against outstanding claims, interest and costs, in the chronological order of the respective due date.

7. Payment Terms

The purchase price is due with the payment conditions confirmed in the contract and in the order confirmation. Payment is made by credit card, PayPal or by transferring the amount due to a Jendel Artworks account. If Jendel Artworks incurs additional shipping costs due to an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer.

8. Warranty

Information, drawings, images, animations, technical data, descriptions of weight, dimensions and services contained in brochures, catalogs, circulars, advertisements or price lists are purely for informational purposes. Animations are also of an informational nature and can deviate from reality. Jendel Artworks does not guarantee the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.

In principle, there is no guarantee for the fading or water resistance of printed products, unless a written guarantee is expressly given.

Jendel Artworks expressly points out that the physical works created - unless otherwise described - are intended exclusively for use in closed rooms. The designations and specifications specified when the contract was concluded represent the technical status at that point in time. Minor technical deviations (in particular image cropping and color of the printout) of the delivered goods from the advertised goods are permissible and do not represent errors, provided they are within the customary framework and the contractual purpose is not significantly restricted. Minor technical deviations e.g. Minimal irregularities due to inclusions or imperfections in the materials used are permissible and do not represent errors, provided they are within the customary framework and the contractual purpose is not significantly restricted. Images that are cropped can, as is customary in the trade, differ slightly but not significantly from the given sizes. Slight, customary color differences in the printout can occur if the customer's monitor is calibrated differently and not color-true. Black and white printouts may contain a slight, commercially available color cast due to the color printing. Complaints, credits and substitute prints in this regard are excluded, unless the deviation is outside the customary scope. Likewise, a defect does not exist if a loss of quality is caused by the poor quality of the image files transmitted by the customer (e.g. resolution of the original image files).

The warranty on the materials used is governed by Art. 197 ff. OR. The customer must inspect the goods for obvious defects upon delivery and report such defects immediately, otherwise they shall be deemed to have been approved. In all other respects, warranty rights only exist if existing defects are notified immediately after their occurrence. The notification of defects must be made in writing.

Our products consist entirely or in parts of genuine natural products. Growth, color, structure and grain are unique for each piece, especially when using wood materials. They underline the unique character of each piece. Minimal growth, shrinkage, warping or discoloration, defects or inclusions are also possible in the final product. Deviations are natural and do not constitute a reason for complaint.

In case of defects of material, which occur within the warranty period and are duly notified, Jendel Artworks can choose to repair/repair the defective part/object, deliver a replacement or - if Jendel Artworks renounces repair or replacement - grant the buyer a reduction of the purchase price. All further claims of the buyer such as cancellation, reduction, compensation (including liability for consequential damages) etc. are expressly excluded.

The material warranty for movable and immovable goods is two years.

Proper storage and inspection of the works is the responsibility of the customer. In case of improper storage, especially outside of closed rooms and in case of exposure of the pictures or artwork to environmental influences beyond the expected proper use (e.g. increased humidity or direct sunlight), the pictures or artwork delivered by Jendel Artworks may suffer static as well as aesthetic damage. Jendel Artworks cannot be held responsible for these defects. Jendel Artworks assumes that the customer knows the quality criteria and specific characteristics of the ordered artworks. There is no warranty for natural wear and tear as well as for damages caused by improper handling, climate or faulty installation by the customer or third parties.

9. Right of withdrawal/right of return

The goods ordered at Jendel Artworks are manufactured according to customer specifications or clearly tailored to the personal needs of the customer. A right of revocation or return does not exist.

10. Destruction of the sent material

All templates and documents, especially all digital storage media, which the customer has sent to Jendel Artworks to fulfill the contract, will not be returned by Jendel Artworks but will be destroyed after fulfillment of the contract. Upon explicit request of the customer Jendel Artworks will of course return the submitted documents to the customer. The customer has to bear the costs of the return shipment. Jendel Artworks reserves the right to make a back-up copy especially of the digitally transmitted templates, materials and contents of the customer in order to be able to guarantee an immediate rectification of defects in case of a request for rectification by the customer. The data stored on the backup copy will be used by Jendel Artworks exclusively for the purpose of rectification. After expiration of the warranty period Jendel Artworks destroys the backup copy immediately.

11. Reservation of proprietary rights

Jendel Artworks reserves the right of ownership of the delivered goods until all claims are fulfilled. If the customer is in delay with his purchase price payment, Jendel Artworks has the right to take possession of the goods under reservation of ownership after a reminder and after expiration of a reasonable grace period. The assertion of the retention of title as well as the taking away or seizure of the goods by Jendel Artworks are not considered as withdrawal from the contract, as far as there is no mandatory applicable law, especially the regulations regulating consumer credit.

12. Final clauses

Exclusive place of jurisdiction for all disputes arising from a contract is the Canton of Zurich/Switzerland. The same applies if a customer does not have a general place of jurisdiction in Switzerland, if a customer has moved his domicile or usual place of residence abroad after conclusion of the contract or if his domicile or usual place of residence is unknown at the time of filing a suit. Jendel Artworks is furthermore entitled to sue the customer at his general place of jurisdiction. For contracts concluded by Jendel Artworks on the basis of these terms and conditions and for any claims of any kind, Swiss law is exclusively applicable.

AGB: Updated Sept 2020