Phone 1-610-433-2009
PRODUCTS
PRICES & SIZES
FAQ
CONTACT
SHIPPING
GET STARTED
 
CREATE MY CANVAS
GIFT CARD
IMAGE CATALOG
SELL YOUR ART








General Terms and Conditions (GTC) General Terms and Conditions (GTC) for an own Canvasi Shop
 General Terms and Conditions (GTC)

1. General terms

(1) All agreements with canvasi.com are effected exclusively on the basis of these General Terms and Conditions or of the General Terms and Conditions of canvasi.com respectively as amended at the time the order is placed.

(2) Provisions that deviate from these terms require a written agreement or a written confirmation respectively by canvasi.com. Regulations deviating from these General Terms and Conditions are hereby expressly rejected.

(3) In commercial dealings, these General Terms and Conditions do also apply to all future business relations even if not agreed expressly again. We do accept orders placed verbally, by phone or by electronic means only if our applicable GTC are included.

(4) All General Terms and Conditions subject to German law.

2. Conclusion of the agreement

(1) The offers shown on the Internet side of canvasi.com constitute a non-binding invitation to the customer for ordering products with canvasi.com.

(2) Clicking on the order button is the customer''s binding offer for concluding the intended agreement. The offer is accepted by mailing an order confirmation. Such order confirmation is made within 48 hours through canvasi.com by sending an e-mail. The offer is considered as rejected after a set term has expired futile.

3. The customer''s obligations

(1) The customer is solely responsible for the contents of the transmitted image files. It is taken for granted that the customer has all required rights in the transmitted work, files and images as well as in archiving image data. The customer does particularly guarantee

- That the patterns (particularly image and text files), contents and materials, which are sent to canvasi.com, do not infringe any copyrights or licenses, trademark rights, rights to privacy or other third-party rights;

- That no illegal, violence glorifying, inflammatory and racist patterns, materials and contents, means of propaganda, symbols of unconstitutional parties or of their substitute organizations, or directions for committing offences; pornographic patterns, materials or contents, the subject of which is the sexual abuse of children or sexual acts with animals, and that even no discriminating statements or descriptions regarding race, sex, religion, nationality, handicap, sexual inclination or age are sent to canvasi.com;

- That no laws protecting young people or criminal laws are violated – this does particularly apply to the statutory regulations of Secs. 184 ff. Criminal Code (Distribution of Pornography), 185 ff. Criminal Code (Insult, Slander, Defamation) as well as to the provisions of the Youth Media Protection State Treaty.

(2) In the event that such rights are infringed, the customer exempts canvasi.com from any third-party claims. The customer shall support canvasi.com in defending the assertion of such claims should the occasion arise. The customer shall bear the costs (representation by a lawyer, court fees, fines etc.) accrued by this.

(3) canvasi.com is not obliged to perform services that would cause canvasi.com violating a law. In such cases, canvasi.com is entitled to refuse to provide the service and to withdraw from the contract. Should contents of files sent by the customer infringe penal regulations, canvasi.com reserves the right to lay an information against the customer.

4. Images from an image catalog

Panther Media GmbH provides the images from the website''s image catalog. The Terms of Image Use of Panther Media GmbH apply to this. Any separate consideration for using those images does not accrue.

5. Granting a license

For the execution of the agreement, the customer grants canvasi.com the right (unlimited in time and territory) to use the provided image data for the services to be rendered as part of the performance of the agreement. This does even include the storing, reproduction, and processing of the contents. This does also include the right to make available individual images to a third party for the recovery of defects should the occasion arise.

6. Data backup

When the order is placed, it is taken for granted that the customer is backing up his data records even beyond the time the work has been delivered to him. The customer cannot claim that canvasi.com is backing up the data, which he has sent.

7. Prices

(1) All mentioned prices are inclusive the applicable statutory VAT, but excluding the costs for packaging and shipment.

(2) We will invoice the costs for packaging and shipment separately according to our price list.

(3) Only the prices and costs for shipment that have been communicated at the time the order was placed are decisive.

8. Terms of payment

(1) Deliveries by canvasi.com are made only with payment in advance. Payment is effected by transferring the due amount into an account of canvasi.com. The order will not be executed before that amount has arrived.

(2) If there has not arrived any money in the account mentioned in the confirmation within 14 (fourteen) days following the conclusion of the agreement pursuant to Sec. 2 of these GTC, canvasi.com shall be entitled to cancel the order and to withdraw from the contract.

9. Prohibition of setoff, rights of retention

(1) The customer is not entitled to set off payment claims of canvasi.com against his own claims, unless the customer''s claims are indisputable or have become res judicata.

(2) The customer is not entitled to cite rights of retention (even because of notified defects) to canvasi.com in opposition to its payment claims, unless such rights result from the same contractual relationship.

10. Right to revocation

The products ordered with canvasi.com are manufactured according to customer specifications or have explicitly been customized to the customer''s personal needs. Hence, there is no right to revocation pursuant to Sec. 312d Sub-clause. 4 No. 1 Civil Code with orders for individual imprinting on canvas.

11. Terms of delivery

(1) Delivery is effected by sending the products to the delivery address communicated by the customer on the conditions explained on the website.

(2) Time of delivery is 14 (fourteen) days. Every delivery is subject to the reservation that canvasi.com itself has received its deliveries properly.

(3) canvasi.com is entitled to make part deliveries. Default in delivery by canvasi.com does not entitle the customer to damage claims, unless canvasi.com has caused such default intentionally or gross negligently.

(4) If delays in delivery are based on reasons, for which canvasi.com cannot be made responsible (e.g.. force majeure, third-party faults etc.), the time limit will be extended reasonably. canvasi.com will notify the customer of such extension promptly. Should the reasons for that delay last longer than four weeks following the conclusion of the agreement, each party is entitled to withdraw from the contract.

12. Liability, Warranty

(1) With the exception of harming one''s life, body and health and violating material obligations of the agreement (crucial duties), canvasi.com is only liable for damages that may be attributed to intentional or gross negligent behavior. This does even apply to consequential damages like particularly to lost profit. Claims to liability based on Product Liability Law remain unaffected.

(2) With printed matters slight deviations in the shade (depending on the manufacture and printing technology), in the dimensions and in the format as well as in material and surface qualities cannot be avoided. Such deviations do not entitle the customer to notify a defect. There is no material defect if the delivered quality meets the technical standard of digital photographic development and processing. There is no material defect either, if the loss of quality is caused by insufficient quality of the image files sent by the customer (e.g. "resolution" of the original image files). Any special quality of the products to be delivered is not agreed.

(3) If there is a defect in the ordered products, canvasi.com is committed to remedy the defect or to replace the delivered products. Should canvasi.com not meet its duty to remedy within a set time limit of 14 (fourteen) days or if two attempts of remedy fail, the customer is entitled to withdraw from the contract, to reduce the purchase price, to damages and to compensation of wasted expense.

13. Final provisions

(1) If the customer is a businessman, a legal entity under public law or a special fund under public law, Aschersleben shall be the exclusive legal venue for all disputes out of this agreement. The same applies if the customer does not have a general place of jurisdiction within this country, a customer has moved his domicile or his usual place of residence abroad after the agreement has been concluded or his domicile or his usual place of residence are unknown at the time an action is filed. In addition, canvasi.com is entitled to file an action against the customer at his general place of jurisdiction.

(2) The agreements concluded by canvasi.com based on these General Terms and Conditions and the claims resulting from such - irrespective of whatever nature - are governed by the laws of the Federal Republic of Germany exclusively.

General Terms and Conditions (GTC) for an own Canvasi Shop

Preamble

An own Canvasi shop is a platform that canvasi.com provides to its partners („Shop Operators“) for marketing the products of canvasi.com. The providers are responsible themselves for the offers in the respective areas.

1. Subject matter of the agreement

(1) canvasi.com provides to the Shop Operators a shop module that the Shop Operators may integrate on their website. It is a so called white label solution, so that the Shop Operator is able to adapt the shop module to the design of his website correspondingly. The Shop Operator may select whether he integrates the free of charge (light shop and extended shop) modules or the operator can upgrade the free of charge shop modules to a premium shop, which he has to pay for.

(2) The Shop Operator may use the contents of the catalog of canvasi.com (the right granting access to the public). The PantherMedia GmbH provides those contents. Sec. 4 of the GTC of canvasi.com applies.

(3) The Shop Operator or visitors (customers) on the Shop Operator''s website may even upload their own subjects to have them printed or framed.

(4) All General Terms and Conditions subject to German law.

2. Integrating the online shop by the Shop Operator

The Shop Operator publishes the shop module offered by canvasi.com on his website. This happens by integrating the source code provided to him or by redirection to a provided URL. Should the Shop Operator use his own shop header, then the standard form of the GTC for that shop and the imprint as provided by canvasi.com need there to be linked.

3. Rights of use

For the execution of the agreement, the Shop Operator or the customer on his website respectively grant canvasi.com the right (unlimited in time and territory) to use the provided contents for the services to be rendered as part of the performance of the agreement. This does even include the storing, reproduction, distribution and processing of the contents. This does also include the right to make available individual images to a third party for the recovery of defects should the occasion arise.

4. Contractual relationships with end customers

(1) When purchasing products through this shop module with the Shop Operator, an independent legal relationship is created between the customer and canvasi.com, which is independent of a possible legal relationship between the Shop Operator and the customer visiting the Shop Operator''s website. Solely the GTC of canvasi.com apply.

(2) canvasi.com is responsible for handling the customer''s order. canvasi.com provides the service (printing of subjects on canvas).

5. Conclusion of the agreement

Clicking on the order button on the Shop Operator''s website constitutes the customer''s binding offer for concluding the intended agreement. The offer is accepted through an order confirmation sent by canvasi.com. Such order confirmation is made within 48 hours by sending an e-mail. The offer is considered as rejected after a set term has expired futile.

6. Liability, particularly for contents

(1) The Shop Operator is solely responsible for the contents (images, slogans etc.) placed in the shop module on his website. The provisions of Sec. 3 of the GTC apply.

(2) The Shop Operator is not liable for the contents provided by canvasi.com or its partner PantherMedia.

(3) The Shop Operator is committed to inform canvasi.com promptly in writing if claims are asserted against the Shop Operator, because having infringed third-party rights in connection with the contents placed in the shop.

(4) The liability of canvasi.com as well as the liability of its agents for breach of duty under a contract and for offences are limited to intention and gross negligence. This does not apply if harming one''s life, body and health, to claims because violating crucial duties and to compensation for damages caused by default (Sec. 286 Civil Code). As far as that is concerned, canvasi.com is liable for the degree of its fault or that of its agents. The liability for violating crucial duties is limited to the foreseeable, typically occurred, damage.

(5) Any further going liability of canvasi.com according to the Product Liability Law remains unaffected.

7. Consideration for the Shop Operator

(1) For sales realized through his website with the shop module provided by canvasi.com, the Shop Operator will get a basic commission of 15% of the net price of the canvasi.com prices. As far as sales are realized with the contents provided by canvasi.com or PantherMedia respectively, the prices of canvasi.com apply. The Shop Operator may fix higher prices for all other contents. I that case, he will get the complete net amount, by which the Shop Operator''s price exceeds the price of canvasi.com as commission in addition to the basic commission. You find example calculations here: Example

(2) The commission is credited to the Shop Operator on his commission account as soon as the customer''s payment has arrived. He should arrange for paying out the balance in his shop''s commission account. Payments to Shop Operators abroad are made through the PayPal account exclusively. As far as that is concerned, the Shop Operator should register for payment accordingly.

(3) canvasi.com collects the sales that are realized through the Shop Operator''s shop. The Shop Operator may view the sales in his shop in the administration area.

8. Term/Termination

This agreement is made for one year and may be terminated by both parties with a one-month term before the agreement expires. If no termination is made, the agreement is renewed by another year each time.

9. Final provisions

(1) For customers, who are businessmen, legal entities under public law or special funds under public law, the exclusive legal venue shall be....

(2) This contractual relationship is governed by the laws of the Federal Republic of Germany exclusively excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.

(3) Should individual clauses be ineffective, the validity of the remaining clauses shall not be affected by this.

 
 back
 Print view

up


 Terms and conditions Imprint
  canvasi.com - pur your life on canvas - rolled or framed ready to hang
Choose from more than 500.000 images or order your own images as artwork. Daily more than 1.500 new images! Open your own Canvasi shop and sell your own images for your own prices. We print your image and send it direct to your customers.
 
Bookmark at: Del.icio.us Bookmark at: Linkarena Bookmark at: Power Oldie Bookmark at: Blinklist Bookmark at: Digg Bookmark at: Simpy Bookmark at: Slashdot Bookmark at: Furl Bookmark at: Spurl Bookmark at: Google Bookmark at: Technorati