PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The below General Contract Terms and Conditions shall be agreed between you (the user / the buyer) and myself (the seller) (Frankly
Art Studio, Frank Zschieschang, Calle Roses Bermejo 15, 07181 Palmanova, Balearic Islands, Spain).
These General Contract Terms and Conditions are divided into three parts: Part A concerns all general provisions and rules for
use of our online service. Part B concerns our services and Part C contains general concluding provisions.
A. GENERAL PROVISIONS
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our
website www.franklyartstudio.com (the Site/our website). This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content and the subject matter of this Agreement. This Agreement may be amended by us at any time
and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
Use of our website.
This site is free to use by our visitors. And by using this site you, the user, are agreeing to comply with and be bound by
and conditions, please do not use this site.
Deleting, Modification and Maintenance.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete
any documents, information or other content appearing on the Site, including this Agreement.
For security reasons, to ensure an error-free service and to further develop the site, we shall undertake regular maintenance
work on our system. In order to allow this we shall be entitled to temporarily interrupt or restrict the provision of our
services. As much as possible this maintenance work shall be carried out in times of minimal use. Should longer periods
of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the interruption,
provided that this is possible in light of all the circumstances and that such notification does not jeopardise or delay
necessary repair to any existing interruption of service.
According to the current state of technology it is not possible for works to be made available for viewing on the internet
without system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of
technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or
incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.
The content, organisation, graphics, design, and other matters related to the Site are protected under applicable copyrights
and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification,
dissemination or publication by you of any such matters or any part of the Site is strictly prohibited, without our express
prior written permission. This shall apply also with respect to copying by "Robot/Crawler" search engine technology or
by other automatic mechanisms.
The registration to our site is restricted to natural persons of full age and legal capacity, legal persons, or partnerships.
Minors are not permitted to register. Where registration is completed with respect to a legal person, registration can
only be made by a natural person and you confirm that the named person has the necessary authority to register on behalf
of the legal person.
Please ensure that information provided upon registration is entered completely and correctly, e.g. first name and surname,
current address (not a post-office box), telephone number, a valid e-mail address. We shall be entitled but not obliged
to check the validity of all indications made.
In case the registration information changes subsequently you are required to correct the information without delay.
You must select a user name and password on registration. The user name must not infringe the rights - in particular copyright
or trademark rights - of third parties. Further, the username must not be misleading and must not be contrary to public
policy or break the law. We shall be at liberty to define formal rules and restrictions for new user names and to reject
existing user names - including with retrospective effect.
Passwords must be kept confidential and account access must be safeguarded. You obliged to inform us without delay should any
suspicion arise concerning misuse of the account by third parties.
You agree to indemnify, defend and hold us, our partners and employees harmless from any and all liability, loss, damages,
claim and expense, related to your violation of this Agreement or use of the Site.
THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND
ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE
ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS
ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form
or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind
that may result from use of or inability to use the site.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked
websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions expressed
in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion
of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the
third-party linked websites are independent entities and neither party has authority to make any representations or commitments
on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own
Third-Party Products and Services.
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings
or free trial services. You understand that we do not operate or control the products, free offerings or services offered
by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites.
You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us,
expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between
you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked
to or from our site.
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed
and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting
the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider
of the Submissions.
B. OUR SERVICES
On the basis of the online order on our website we offer fine art prints, on request also including framing and lamination, to
be provided by us for your own use.
The sales contract is concluded once you have received the ordered product/s. The costs of delivery shall be invoiced. The exact
delivery costs shall be indicated on your order. All costs for deliveries outside the EU, for which taxes or excise duties
might apply, have to be paid by the buyer.
We draw your attention to the fact that you cannot revoke the contract as the works are produced in accordance with your own individual
specifications and are clearly personalised.
All delivery deadlines indicated by us are non-binding and we do not assume liability for late deliveries. We shall be entitled
to make partial deliveries.
In the unlikely event that the material needed for the production of your order is unavailable we will contact you immediately
and, if possible, give an approximate delivery date.
The remuneration for our services is calculated with respect to the current price list available for viewing at www.franklyartstudio.com
as specified within the order process. We shall at all times be entitled to change the price list for future orders without
The remuneration is paid by the buyer by credit card, debit card, or by PayPal upon making the order on our website (pre-payment).
If the buyer's account does not contain sufficient funds or where the buyer opposes the debit charge being taken from his or her
account without good reason, the seller reserve the right to charge an administration fee of €8.00.
Where the buyer defaults on payment, the seller shall be entitled to charge default interest on all outstanding sums to the amount
of 6% p.a. above the basic interest rate set down by the European Central Bank. Additionally, a charge of € 8.00 per reminder
with exception of the first reminder shall be made. Where greater damage arising through the default can be proved, the seller
shall be entitled to assert this against the defaulting buyer. In the above listed cases, it shall remain open to the buyer
to prove that the seller has occurred either no damage or else damage to a lesser extent than the above listed fixed sums.
The ownership of the works produced shall remain at the seller until all payments are made in full.
Return policy in case of defects.
The buyer shall inspect the consignments without delay upon delivery and shall make written notification to us of any defects
without delay. Notification of all manifest defects must be made within one week. For the calculation of this time limit,
the date of delivery and the date of receipt of notification of defect are decisive.
In case of any objection, all documentation with respect to the contract must be made available to us. Failure to do so may
result in delay to the assessment and processing of the notification of defect. Defects in part of the delivery do not
justify objection to the entire delivery.
The papers, dyes, chemicals and other materials used in our materials and manufacturing processes may, like other dyes, show
trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product
characteristics shall not form a sufficient basis for a defect.
In case of defect, we shall be entitled, at our option and within a reasonable period, to make a new delivery or to repair
the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled to either
revoke the contract or to demand an appropriate reduction in price.
Consequences of revocation.
In the case of valid revocation, all considerations received by either party and, where applicable, any utilisation (such as
interest) shall be returned. If you are unable to return the goods provided in full or in part, you may be required to
provide compensation for the loss in value. You can avoid being held liable to provide compensation for lost value by not
using the item as if it were your own property and avoiding any actions that could impair the item's value.
Goods that can be returned as packages must be returned at our risk. Please ensure the work is packaged appropriately and that
it is well protected. Use the original packaging in which the item was delivered, including all protective material. If
the goods delivered are as ordered and you have not provided consideration you are responsible for covering the regular
cost of return postage. Return mail is otherwise free of charge. Goods that cannot be returned as packages will be picked
up from your address. Obligations to refund payments must be fulfilled within 30 days. This period commences for you when
you issue notice of revocation, or dispatch the goods, and for us on their receipt. To ensure quick processing, please
call our hotline in advance. This is not obligatory.
C. GENERAL CONCLUDING PROVISIONS
Should there exist concrete reasons to believe that you have contravened legal provisions, infringed third party rights or breached
these General Contract Terms and Conditions, or should we have any other legitimate interest, in particular the protection
of other users from deception or fraud, we reserve the right to delete offers or other contents, limit/restrict the use of
the online service provided by us, temporary or definitively block your user account. In the choice of measure applied, we
shall consider your legitimate interests wherever possible, in particular, whether concrete reasons exist to believe that the
breach occurred without fault.
We shall be entitled to ban all further use of the our website (definitive blockage), whereyou have entered incorrect contact details,
in particular an incorrect or invalid e-mail address; you cause considerable damage to us, in particular where our services
are abused; you breach these General Contract Terms and Conditions or any other good reason exists.
Following definitive blockage, no return policy of access to our service shall exist. Any further use of our website, including
through other member accounts, shall be prohibited. Re-registration is not allowed.
All use of mechanisms, software or other scripts capable of disrupting the function of our website when used in conjunction with
our website shall be prohibited.
All use which may result in an unreasonable or excessive burden on the infrastructure of our website is prohibited. It shall be
forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of our
Liability for damage resulting from defects in title and absence of warranty shall be unrestricted. In all other cases, liability
shall be unrestricted only with respect to damage caused through malice or gross negligence, including in respect of our legal
representatives, managerial staff and vicarious agents. With respect to damage arising though negligence, liability shall be
accepted only insofar as a duty is breached, the adherence to which is of particular significance for the attainment of the
purpose of contract (cardinal duty). Liability is restricted to double the value of contract and shall exist only with respect
to typically foreseeable damage within the framework of the contract. Liability for injury to life, body or health as well
as liability under the Product Liability Act shall remain unaffected.
These General Contract Terms and Conditions shall be governed by the law of the Kingdom of Spain and the exclusive place of jurisdiction
shall be Palma de Mallorca.
The General Terms and Conditions shall apply for the entire term of the contractual relationship between the buyer and the seller.
They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each
individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data. Each
online puchase requires the buyer to acknowledge the current terms and conditions.
We reserve the right to amend the General Terms and Conditions at any time without further explanation. It is the buyers responsibility
to read and to agree to the current Terms and Conditions before making an order. The current General Terms and Conditions shall
be displayed at our website.