Terms & Conditions

Marc J.M. van den Broek
A.TE.M. edition
www.edition-marcvandenbroek.de

General provisions

1 Contract partners
Marc J.M. van den Broek operates the A.TE.M. edition Website at www.edition-marcvandenbroek.de for the purpose of selling art photographs, books and other media and works to which the artist Marc J.M. van den Broek holds copyrights. The contract partners are the purchasers and Marc J.M. van den Broek.

2 Copyright
2.1 Copyright declaration
The artist Marc J.M. van den Broek hereby affirms that he is the sole owner of all works presented at A.TE.M. edition and that they are unencumbered by third-party rights.

2.2 Utilization and exploitation
The utilization and commercial exploitation of the works in any manner whatsoever are permitted only upon notification of and approval by the artist and only for the purpose and term of use specified by agreement. Unless otherwise specified by agreement, possession of the works does not confer utilization and commercial exploitation rights as define by copyright law.

2.3 Citation of the author
The name of the artist (author) is to be cited whenever a work is utilized.

2.4 Appropriate remuneration
The artist is entitled to appropriate remuneration for the utilization or commercial exploitation of any work (Art. 32 UrhG – Copyright Act).

2.5 Publication
Any and all images, reproductions or publication of a work require the consent of the author. Materials released in connection with the utilization of a work (photographs, slides, texts, etc.) may be published only with the consent of the artist cited on the materials and must display his name.

3 Offers and contracts
3.1 Online orders placed by customer at A.TE.M. edition shall be considered binding offers.

3.2 Contracts between customers and A.TE.M. edition are finalized upon receipt of confirmations of orders, which must be presented to the purchaser within four weeks of receipt of an order.

3.3 As exceptions to Section 3.2 above, a contract between a customer and A.TE.M. edition is not finalized until
- the ordered products are received by the purchaser in cases in which A.TE.M. edition has not been provided an e-mail address for the customer to which the order confirmation can be sent or
- the ordered products are received by the purchaser in cases in which the order confirmation does not include all essential components of an order and represents only a confirmation of receipt of the order from the purchaser generated automatically by the system.

4 Customer rights of revocation
4.1 Customers are entitled to revoke contractual agreements without specification of grounds in text form (e.g. letter or e-mail) or by returning the goods in perfect condition within 14 days. The 14-day period begins upon receipt of this notification in text form, but not prior to receipt of the goods by the purchaser. The 14-day deadline for submission of a notice of revocation or return of the goods shall be regarded as met if the notification/goods are transmitted/shipped before the end of the 14-day period.
Notices of revocation are to be addressed as follows
- by mail: A.TE.M. edition / Marc van den Broek, Billhorner Röhrendamm 16, 20539 Hamburg
- by e-mail: edition@marcvandenbroek.de

4.2 Consequences of revocation
In the event of a valid revocation, all goods and services received by either party are to be returned. Should the customer be unable to return or release the goods and/or services as well as utilization rights (e.g. utility benefits) received in part or in full or if the customer returns them in impaired condition, the customer shall be required to make compensation of equivalent value.

4.3 Objects/materials which can be sent by parcel post are to be returned at the risk of A.TE.M. edition. The customer is required to defray the regular costs of return shipment, provided the delivered goods are identical to the goods ordered and the price of the returned objects/materials does not exceed EUR 40.00 or the customer has not remitted the specified partial payment for goods of a higher value by the time the order is revoked. Payment obligations must be met within 30 days. The 30-day period begins for the customer on the date on which the revocation notice is sent, for A.TE.M. edition on the date it is received.

5 Postal deliveries
5.1 Postal deliveries of ordered products will be made to the address specified by the customer. A.TE.M. cannot deliver to packing stations.

5.2 If no binding delivery date has been specified by agreement, delivery deadlines/delivery periods shall be regarded as non-binding estimates. The beginning of a delivery period specified by A.TE.M. begins upon fulfillment of all obligations accruing to the customer.

5.3 A.TE.M. charges a flat fee of EUR 15.00 per order for packing and shipping for orders placed in the online shop. No packing and shipping fees are charged by A.TE.M. edition for orders valued at EUR 1,000 and above for delivery within the Federal Republic of Germany.

5.4 A.TE.M. edition is entitled to make partial deliveries on orders for multiple articles.

5.5 Follow-up deliveries are effected at no charge to the customer, regardless of the form in which an order is placed.

5.6 Shipping costs for deliveries outside of Germany are calculated on the basis of the standard rates charged by the parcel services engaged by A.TE.M. edition.

5.7 Customers are required to pay all taxes and customs duties for shipments delivered outside the Federal Republic of Germany.

5.8 In cases involving revocation of an order as described in Section 4, the rules governing the costs for return shipments set forth in Section 4 apply.

6 Price and terms of payment
6.1 All prices quoted at A.TE.M. edition include V.A.T. Packing, delivery and shipping costs are calculated separately and indicated in the invoice.

6.2 All payments for goods are to be made to the following bank account: account holder: Marc van den Broek; account number: 154 556 505; BLZ: 700 700 10; bank: Deutsche Bank, IBAN: DE81 7007 0010 0154 5565 05, BIC (SWIFT-CODE): DEUTDEMMXXX

6.3 Unless otherwise specified by agreement, the purchase price is due within 14 days of receipt of a binding order.

7 Reservation of property rights
A.TE.M. edition reserves property rights to delivered goods until all payment obligations specified in the contract are fulfilled.

8 Warranty, liability
8.1 Photographs and/or drawings posted at A.TE.M. edition represent only approximate descriptions unless expressly identified as binding.

8.2 In the event that the delivered object does not meet the specifications agreed upon by the customer and A.TE.M. edition, A.TE.M. edition shall be required to make restitution. This does not apply in cases in which A.TE.M. is entitled by law to deny claims for restitution.
The customer may choose initially whether to claim restitution in the form of rectification or replacement delivery. However, A.TE.M. is entitled to refuse the form of restitution chosen by the customer if restitution on the specified form entails unreasonable costs. The customer is not entitled to reduce the purchase price or withdraw from the contract during the restitution period. Rectification shall be regarded as having failed after the second unsuccessful attempt unless the specific nature of the object or defect or other circumstances justify a different conclusion. In cases in which restitution fails or we have refused to make restitution at all, the customer may choose to demand a reduction of the purchase price or withdraw from the contract.

8.3 Claims for damages resulting from a defect or deficiencies under the following conditions shall be recognized only if restitution has failed or A.TE.M. edition has refused to make restitution. The customer’s right to claim additional compensation for damages under the conditions set forth below shall not be affected by this provision.

9 Data protection / privacy
9.1 The customer consents to the collection, processing and use of personal data by A.TE.M. edition, provided such data are required for the purposes of legitimizing, specifying the contents of or amending the contractual relationship.

9.2 In order to enable A.TE.M. edition to deliver goods to the customer, A.TE.M. required the customer’s full name and mailing address. In addition, A.TE.M. needs the customer’s e-mail address in order to transmit the order confirmation.

9.3 A.TE.M. edition uses data provided by the customer solely for the purpose of processing concluded contracts. Customer data will not be used for other purposes without the express consent of the customer. Customer data will be released to third parties only if required for the purpose of processing concluded contracts.

9.4 Customers have the right to demand that A.TE.M. provide information regarding personal data kept on file by A.TE.M. (Art. § 34 BDSG – Federal Data Protection Act). Furthermore, customers have the right within the scope provided for by Art. 20 BDSG to demand that A.TE.M. correct, delete and/or block their personal data.

10 Final provisions
This contract and all legal relations between the parties are subject to the laws of the Federal Republic of Germany, to the exclusion of the provisions of the UN Convention on the International Sale of Goods (CISG). In the event that individual provisions of the contract are invalid or contain omissions, the remaining provisions shall remain in force.

Hamburg, 1 January 2014