Terms & Conditions
Terms & Conditions for selling products at Fingerprints kreativ e.K.
§1 Object of agreement
(1)The principal (the artist creating and supplying the work for display and sale) and the general commission agent (Fingerprints kreativ e.K., the promoter, displayer and seller of the artwork supplied) conclude an agreement regarding commission, storage of products and rental of a sales area at Fingerprints kreativ e.K., Pariser Straße 20, 81667 Munich.
(2) By acknowledging the terms and conditions the principal ensures that the products committed to the general commission agent are his or her absolute property and free of rights of any third party. He or she also ensures that all goods are produced according to the product guidelines stated on the website and that he or she will follow the instructions of the declared step-by-step directions.
(3) The general commission agent stores all leftover products in the name of the principal for a previously agreed period of time after the commission contract is expired.
§2 Duration of commission, storage and rental agreement
(1) The commission and rental agreement is concluded for an agreed period of time and agreed rental fee. Changes, amendments and extensions of the agreement can be negotiated at any time.
(2) The principal has a choice of two sales varieties. On offer is the “rental season” (minimum contract term is two months, starting at the beginning of the month, optionally to be extended for another month if there is no notification by the 15th of the second month of the rental term) or the “trial offer” (one month, starting at the beginning of the month, only if vacant sales areas are available).
(3) The subsequent storage agreement is valid for an agreed period of time (14 days).
§3 Condition and character of the committed products
(1) The products must be clean, functional and undamaged. Obvious product defects must be declared at delivery.
(2) The general commission agent has no auditing duty over the legal position concerning property or functional capability.
(3) If product defects appear after conclusion of the contract the general commission agent has the right to exclude the faulty pieces from the agreement or terminate the whole contract without notice.
(4) It is not allowed to offer products that fall under the youth protection law.
§4 Accountability, property and insurance
(1) Up until sale, all products remain the absolute property of the principal.
(2) The general commission agent is only liable for handling his/her own affairs with due care.
(3) All goods are insured against damage through fire, water, storm/hail, burglary and vandalism by the general commission agent.
(4)The principal is informed that there is no further insurance (e.g. shop-lifting) for the products by the general commission agent. If the principal wishes to obtain any further insurance he/she should take out a policy in his/her own name and on his or her own account.
§5 The commission business
(1) The general commission agent acts in his/her own name on account of the principal.
(2) The value added tax of the sales profit is paid by the general commission agent.
(3) The general commission agent is entitled to a rental fee of 50,-€ per sales area and 10% commission of the net sales earnings (rental season), respectively, 35% commission if there is no rental fee (trial offer). Alternative arrangements, such as altered rates of commission, can be accepted if mutually agreed. Additional services (e.g. storage or translation) will be accounted for separately and are part of each individual agreement. If the principal operates commercially the value added tax will be declared separately.
(4) The principal calculates the price of his or her products.
(5) Reductions can be carried out at any time but only after consultation with the principal.
(6) During the period of the agreement or after its expiry, the principal is entitled to claim payment for the products that are already sold in his or her name. Normally payments are made at the end of each month.
§6 Pickup and storage regulations
(1) After expiry of the agreement, the principal has to pick up leftover products and on his or her own account.
(2) The products remain for a certain time within the shop of the general commission agent. If the principal fails to collect his or her products they will be returned via mail, on a cash on delivery basis, or they will become absolute property of the general commission agent who can act with them at his/her sole discretion.
§7 Limitation
Within six months after expiry of the storage arrangement all requirements of the agreement fall under the statute of limitations.
§8 Data storage
The principal agrees that his or her data is stored electronically. He or she is informed after § 33 BDSG.
§9 Severabillity clause
Should this agreement contain a gap or should a provision thereof be or become wholly or partially unenforceable, the rest of the agreement shall remain enforceable.
Terms & Conditions for presentation of goods and profiles on the website
§1 Range of application
The following terms are significant for all services offered in connection with commission, storage and rental agreements on the websites www.fingerprints-kreativ.de and/or www.fingerprints-creative.com
(2) Amendments to specifications by the principal must be submitted in writing and agreed by the general commission agent.
§2 Object of agreement
(1) The object of the contract is the presentation of the artist’s profile and product descriptions on one or both websites. An artist profile consists of name and contact information (address, telephone and fax number, email address, link to website), a picture, three keywords (tags), one short, descriptive summary (200 characters) and a longer narrative description of the enterprise/ the artist (1000 characters). A product description consists of name, measurements, number, price, picture, three keywords (tags), one short, personal teaser description (200 characters) and a longer, personal description, links to profile and other products of the same artist.
(2) Product descriptions and artist profile will be shown under the category “currently in the shop” during sales periods, after that they will be shown in the “gallery” for another 12 months after the sales period. In case of more than one item present at the same time on the website, the last submitted item will be shown first, older entries following thereafter.
(3) The pictures must not exceed the format of w/h 300 x 300 pixel. The picture must be a jpeg or png with a resolution between 150 and 300 dpi. Keywords enable a qualified search for profiles and products and should be chosen to describe the enterprise/ person or product as accurately as possible.
(4) We reserve the right for the design of the profile and will provide that service free of charge. This does not apply for the production of photographs.
(5) There is a separate agreement (including contract duration) for each product description, which is specified in the individual arrangement. In case of pre-existing agreements, the individual arrangements are unaffected.
§3 Data transfer and responsibility for profile data
(1) All data and pictures necessary for the profile will be submitted via the forms provided on the website.
(2) We don’t verify the profile data in terms of legal or content correctness. You are responsible to ensure accuracy, actuality, completeness and lawfulness of the committed data. This is also true for a profile we create in your name. By forwarding the data, you underwrite that all data is correct with regards to content and free of ownership rights of third parties. Insofar you indemnify us from any responsibility for any violation of rights which may occur (e.g. competition law, trademark law, copyright and so on).
(3) You are bound to check the profile data on first appearance online for completeness and accuracy of the content and communicate any mistakes immediately for correction. Relevant changes of the profile data within the contract period must be submitted as soon as possible. Correction and customisation of the profile is free of charge.
(4) For the duration of the agreement , you grant us a licence to use all texts and pictures that are submitted to us.
§4 Time of performance and duration of contract
(1) The artist profile and product descriptions are created after submission of the data and will be online for the duration of the agreement. If the data is incomplete or of unacceptable quality, the profile and product description won’t be posted online until the correct data is submitted by you.
(2) The agreement for the presentation of the profile and product descriptions is part of the commission agreement and valid for the duration of 12 months.
(3) A deletion of your data is always possible and must be applied for in written form.
(4) The extraordinary notice of cancellation is unaffected.
§5 Change of service
(1) In the unlikely event of a change of name of the domain where your profile and product descriptions are located, we will notify you one month in advance in written form. We are entitled to take such an action as long as our services will continue accordingly.
(2) We reserve the right to change our websites in parts or in total, to adapt or delete parts of either without further notice as long as these changes do not affect your profile or product descriptions.
§6 Defects liability and public liability
(1) Both websites are hosted by a professional internet service provider. However we cannot guarantee 100% availability. In the unlikely event of a temporary inaccessability of one or both of our websites and your profile, every attempt will be made to solve the problem within 24 hours. You are not entitled to any compensation due to technical deficits beyond our control.
(2) Defects must be pointed out to us immediately. For obvious defects that are not mentioned within two weeks in written form compensation cannot be given.
(3) The defects liability will be carried out mainly through remediation. If remediation fails completely you have the right to terminate the agreement.
(4) No responsibility is taken for any events relating to accessibility in circumstances beyond our control or of force majeure.
§7 Data protection
All personal data will be treated according to the law of data protection and is only used for creation and support of your artist profile and for accounting purposes. We will not transmit your data to any third party. The data will be deleted, according to statutory provisions, by the end of the contractual relationship.
§8 Prohibition of assignment and contractual exclusion of set-off
Commission due to be paid to the principal can’t be assigned to a third party without our written and explicit authorization. Only in the case of unquestioned and legally binding requirements are you entitled to set-off or otherwise make use of your right of lien.
§9 Remedies
(1) If you are a business after the HGB or a corporation under public law, the exclusive jurisdiction is Munich.
(2) German law is to be applied. The application of the accommodation of the United Nations over international trade (CISG) is excluded.
(3) Should this agreement have an omission or should a provision thereof be or become wholly or partially unenforceable, the rest of the agreement shall remain enforceable.