— terms and conditions.

Nathalie Laureen is a design studio that produces print designs for all kind of textiles.

 

§ 1 General

By submitting an order, the customer agrees to accept the following General Terms and Conditions of the Nathalie Laureen Design Studio for the use of the website and online shop of Nathalie Laureen.

 

§ 2 Registration for a personal account

  1. The customer needs to open an account before placing an order. This involves providing compulsory personal information which must be validated by the Design Studio.

  2. Please read the Design Studio’s privacy policy for more information on how the personal information will be used.

  3. The Design Studio reserves the right at its sole discretion to decline a new account registration or to suspend or terminate your account at any time.

  4. The Design Studio will contact the customer by email to give the notification whether or not the account has been activated.

  5. By registering to open an account the customer confirms that the details provided on registration, or at any time, are correct and complete. The customer must inform the Design Studio immediately of any changes to the information by updating your personal details in your account. 

  6. The customer (a) must keep his passwords secure and confidential; (b) is solely responsible for all activity in his personal account; and (c) must use commercially reasonable efforts to prevent unauthorised access to his account, and notify the Design Studio promptly of any unauthorised access. The Design Studio reserves the right at its discretion to modify or withdraw a password at any time.

 

§ 3 Formation of the contract

  1. The object of the contract is the selling of digital print files.

  2. After the customer has placed an order the Design Studio will send out an email acknowledging the receipt of the order. This email does not constitute the final  acceptance of the order. The Design Studio may decline the order for any legal or regulatory reasons. If the Design Studio declines the order for any design the customer has already been charged for, the customer will be totally refunded as soon as reasonably possible.

  3. After the acceptance of the order the customer will be charged by using the selected method of payment. Accordingly the sale contract is created between the customer and the Design Studio and it incorporates the details, descriptions and prices of the design as set out in the online shop and these Terms and Conditions referring to the date on which the customer has placed his order.

  4. Within 48 hours, the customer will receive an email with the link from the Design Studio through which he can download the relevant file as high-resolution data in PSD, TIFF, AI or editable PDF. This can take place via the Design Studio’s website system or via an online service provider such as WeTransfer.

  5. The customer will receive the invoice by email at the address he provided for this purpose.

  6. The purchasing process and the communication of all relevant informations via email takes place automatically. So the customer needs to provide that his email address is correct and can guarantee a correct technical reception of the emails that is not blocked by any spam-filters.

 

§ 4 Terms of Payment 

  1. All prices given in the Nathalie Laureen online shop include statutory Value Added Tax.

  2. The Design Studio accepts the payment options displayed during the order process. At the moment it is only possible to pay by advance payment directly to the entrepreneur Nathalie Laureen.

  3. The link for the download of the purchased file will be sent by mail after the payment has been received

  4. If payment is not received within 10 working-days, the customer will receive a written notice granting another 5 working-day period to make the payment.

  5. If payment is not received from the customer after the 15 working day period, the Design Studio has the right to withdraw from the sales contract with the customer.

  6. Orders will only be accepted if there are no material errors in the description of the designs and their prices as advertised on the website. If the Design Studio discovers an error in the price of any design the Design Studio will contact you by email to inform the customer of this error. The Design Studio will give the option of continuing to purchase the Design at the correct price or cancelling the order. The order will not be processed until the Design Studio has received the customer’s instructions. If the Design Studio does not receive any instructions, the order for that design will be cancelled.

  7. In case of an order cancellation the customer agrees to immediately delete all files and copies of the respective design.

 

§ 5 Right of withdrawal

  1. The Consumer Rights Directive grants the consumer the right to withdraw from purchases of digital content within 14 days and claim a refund. This right of withdrawal will expire according to § 356 Abs. 5 BGB by the agreement of the customer and the Design Studio Nathalie Laureen.

  2. If you would like to amend or cancel your order you have to get in contact immediately. The entrepreneur will do its best to stop your order from being processed.

§ 6 Reservation of title 

Goods remain the property of Nathalie Laureen until payment has been made in full.

 

§ 7 Rights of use

  1. Only after full payment for the design does the customer receive the sole, simple rights of use at his premises. This means, among other things, that he can recolour, alter and reproduce the design as and/or as often as desired without restrictions in terms of time and space.

  2. In return, the Design Studio will not sell the design to any other customer. From this moment forward, it is considered “sold out”.

  3. The customer may not transfer the design to third parties without the consent of the Design Studio. Therefore, if a licensee of the customer wishes to use the design itself, the customer agrees to inform the licensee that he has to buy the design again from the Design Studio.

  4. The Design Studio retains the exclusive rights of use to the design, which means that the Design Studio can continue to use the design for its own marketing purposes.

  5. The Design Studio affirms that the design does not infringe on the design rights and/or copyrights of other designers, photographers, illustrators or similar persons. As a general rule, all elements used within the design are created by the Design Studio itself, but there may be license-free elements in the design. These will be marked accordingly by the Design Studio. No further representation beyond this assurance can be given concerning the novelty or distinctive nature of the concepts underlying the design or the legal effectiveness or validity of the design’s proprietary rights.

 

§ 8 Liability

  1. Within a reasonable period of time before any use and before it is forwarded to printing houses, regardless of whether it is for sample prints, pattern collections or the actual production, the customer is obliged to check the acquired design for its functionality and functional safety, feasibility and marketability. The choice of the material on which the design will be printed lies with the customer. The Design Studio assumes no liability for possible errors in production, errors in the pattern repeat and/or undesired results. The main focus of the services to be provided by the Design Studio is in the field of design.

  2. Whilst the Design Studio tries to display the colours of the Designs accurately on the website, the actual colours you see will depend on your monitor. The Design Studio cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Designs contained in the high resolutions files.

  3. The liability of the Design Studio for damages other than those resulting from injury to life, body or health is excluded if it is not based on an intentional or grossly negligent breach of duty of the Design Studio or of one of its legal representatives or agents.

  4. The Design Studio assumes no liability for possible technical malfunctions with respect to the design download. The customer is obliged to have functioning and sufficient equipment to download designs of up to 1GB. If technical malfunctions occur on the Design Studio’s sites, the Design Studio commits to remedying them as quickly as possible. The Design Studio shall not be liable if, as a result of such issues, the customer is not able to download his design within 48 hours.

  5. The Design Studio is not liable for the commercial success that is achievable or achieved with the design.

  6. The Design Studio has no influence on the contents of any links to other suppliers on this website and therefore cannot provide any guarantee or accept any liability for these contents. The respective supplier or site operator is always responsible for the contents of these sites. The linked sites were checked for possible statutory violations and infringements at the time of linking. Illegal contents were not visible at that time, but permanent surveillance of the contents of linked sites is unreasonable without specific reason to suspect a legal infringement. Such links are removed immediately if legal infringements are discovered.

 

§ 9 Place of performance and jurisdiction

  1. Place of fulfilment and exclusive place of jurisdiction is the contractors place of business. 

  2. The contract is subject to German law.

  3. The ineffectiveness of one or more of the preceding provisions of this contract does not affect the effectiveness of the remaining provisions.

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