terms and conditions

Terms & Conditions – PINES & PALM TREES Creative Studios - by justus Rehn

 

TERMS OF SERVICE

Last updated: 4 September 2018

 

OVERVIEW

SECTION 1 - ONLINE STORE TERMS

Scope
Conclusion of contract
Language of contract, archiving of contractual text
Cancellation
Delivery terms, production times and customs
Prices, Due date and Payment, default
Shipping cost
Retention of title
Liability
Warranty
No granting of rights
Online dispute resolution

SECTION 2 - GENERAL CONDITIONS
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 5 - PRODUCTS OR SERVICES
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 7 - OPTIONAL TOOLS
SECTION 8 - THIRD-PARTY LINKS
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 12 - PROHIBITED USES
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - GOVERNING LAW
SECTION 19 - CHANGES TO TERMS OF SERVICE
SECTION 20 - CONTACT INFORMATION

OVERVIEW

This website and online print shop is operated by PINES & PALM TREES Creative Studios - by Justus Rehn. The contractual partner and user of these Terms of Service is:

Justus Rehn
Kameruner Str. 4
81827 München, Germany
Phone: +49 (89) 2007 4904
Email: info@pinesandpalmtrees.com
Website: www.pinesandpalmtrees.com

Throughout the site, the terms “we”, “us” and “our” refer to PINES & PALM TREES Creative Studios - by Justus Rehn. PINES & PALM TREES Creative Studios - by Justus Rehn offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Our Terms of Service should regulate any business with you. We have taken all efforts to make sure these are binding and fair. These Terms of Service therefore build the basis for any contract or order between you and us.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, as well as when you place an order with us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

Scope

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Conclusion of contract

Our Online Print Shop (online shop) is  a non-binding online catalogue only, therefore the display of products on our website (and or online shop) does not constitute a legally binding offer. You can select different products and move them into your virtual shopping cart using the “ADD TO CART” button. All chosen items can be viewed in your shopping cart at the end of the order process. This overview allows you to review your selected items and information such as but not limited to materials, dimensions, frame choices and special requests. You can always make amendments using the “REMOVE” or “CHANGE” button.

By clicking the “BUY” button your order and details will be transmitted to us; you also make a binding declaration to PINES & PALM TREES Creative Studios that you will purchase the selected items (“offer”). You will then receive a confirmation email of your order containing our contract information as well as the details of your order.

We do not automatically declare acceptance your offer as we reserve the right to refuse service to anyone for any reason at any time. The acceptance of your offer depends on the payment method you have chosen:

    • Bank transfer (payment in advance): We will accept your offer within 2 days by sending you an email, which contains all necessary payment information. This email serves as our declaration of acceptance.
    • Credit Card: With your order you also transmit your credit card information. After you have been identified as the legitimate owner of the card we instruct the credit card company (your bank) to process the transaction and hereby accept your offer.
    •  PayPal: During the check out process you will be redirected to the payment website of PayPal on which you can enter your payment information and confirm the payment which PayPal will process on your behalf. We will then instruct PayPal to process the transaction and hereby accept your offer.

 Language of contract, archiving of contractual text

The contractual language is English. We save the contractual text on our hard drive. Due to security reasons we do not make it available over the internet. We strongly recommend that you print out the order details and the Terms of Service applicable at the time of order.

Cancellation 

Please understand that purchases for “BESPOKE BEAUTY” or “MADE TO ORDER” products (e.g. rolled prints, framed prints) are final. These pieces are produced as per your individual specifications which exclude them from the right to cancel according to Section 312g, Paragraph 2, No. 1 of the German civil code (§312g (2) No. 1 BGB).

Note: At this stage all of our products are “BESPOKE BEAUTY” or “MADE TO ORDER” unless indicated otherwise.

You have the following right of cancellation for all online orders of prefabricated works:

    • Statutory right of cancellation & sample cancellation form:
    • Information regarding cancellation
    • Right of cancellation

You have the right to cancel this contract without reason within 14 days. The cancellation policy lasts 14 days from:
A) The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery
or
B) The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.
To exercise your right to cancel, you must inform (Justus Rehn, Kameruner Str. 4, 81827 Munich, Germany, Tel: +49 (89) 2007 4904, e-mail: info(at)pinesandpalmtrees.com) of your decision to cancel in a clear, written statement (by letter, or e-mail, for instance).

You may use the cancellation provided on our website, but are not required to do so:
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.

Download our Cancellation Form.

Cancellation Terms and Process
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly - at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.
For orders from the EU and Switzerland, we shall bear the costs for returning goods.
For orders from all other countries, you shall bear the direct costs for returning goods. Typically, goods cannot be returned by normal post. Please contact us for more information.

You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.

Delivery terms, customs and production times

Unless agreed or stated otherwise, delivery will be EXW – ex-works (from our studio in Munich) to your address or to another designated delivery address specified by you. Any customs for international orders are to be paid by the buyer (you).

From the time of payment, please allow 5 working days for all rolled prints (prints without framing) and 10-12 working days for framed prints to be manufactured.

Shipping times within Germany are 1-2 business days. International orders may take up to 12 business days to be delivered from the day they have been dispatched. These are the standard shipping times as per DHL and DPD. We are not responsible for any delays on behalf of our external logistics partners.

Prices, Due date and Payment, default

All prices stated in the online shop are final prices in Euros (EUR) including sales tax (VAT). Shipping cost are excluded in the price and are added depending on the shipping rate. Further information on shipping cost can be found on our website at: https://www.pinesandpalmtrees.com/pages/shipping

The purchase price can be paid via credit card, PayPal or bank transfer.

Please note that bank transfer is only possible with a German or Australian bank account. You can pay via PayPal or credit card (Visa & Master Card).

Shipping cost

Please view our shipping information page: https://www.pinesandpalmtrees.com/pages/shipping

Retention of title

Until your full and final payment, the delivered goods shall remain the property of Justus Rehn (PINES & PALM TREES Creative Studios).
 
Liability

Within the scope of statutory provisions, PINES & PALM TREES Creative Studios – by Justus Rehn is liable for damages without restriction.

(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by PINES & PALM TREES Creative Studios – by Justus Rehn or one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of PINES & PALM TREES Creative Studios – by Justus Rehn shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by PINES & PALM TREES Creative Studios – by Justus Rehn or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.

The above provisions shall apply accordingly to the liability of PINES & PALM TREES Creative Studios – by Justus Rehn in respect of reimbursing futile costs.

Liability under the German Product Liability Act (ProdHaftG) shall remain unaffected.

Warranty

Unless expressly agreed otherwise, statutory warranty rights shall apply. The statutory warranty period of two years shall apply. This shall commence upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.

If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.

No granting of rights

All photographs sold as prints under the PINES & PALM TREES brand are the property of Justus Rehn. By buying a photographic print (Fine Art Print), you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you are allowed to resell the print.

Online dispute resolution

The EU Commission provides a platform for out-of-court disputes to give consumers the opportunity to clarify disputes related to their online ordering initially out of court.

Note on dispute settlement: The online dispute resolution platform of the EU Commission can be found here: https://ec.europa.eu/consumers/odr  

We are not willing and not obliged to participate in a dispute settlement procedure before a consumer-enforcement agency.

SECTION 2 - GENERAL CONDITIONS

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This section has been deleted.

 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please take the time to review our Privacy Policy following this link.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PINES & PALM TREES Creative Studios - by Justus Rehn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PINES & PALM TREES Creative Studios - by Justus Rehn and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kameruner Str. 4, 81827 Munich, Bavaria, Germany. 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@pinesandpalmtrees.com.

end of terms of service (Terms & conditions)

Copyright: © Justus Rehn 2018 - All rights reserved