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General Terms and Conditions

1. General information

The following terms and conditions apply to all contracts concluded between the Somnium Ltd. (hereinafter referred to as the "Provider") and the provider’s clients (hereinafter referred to as the "Client"), together referred to as the "Parties".The Client may enter the contract by communicating with the Provider through the website "portretto.art", Facebook Messenger, Whatsapp, Instagram Messenger, other social media channels or by phone.

Any terms and conditions used by the Client shall not become binding as a part of the contract, unless this has been expressly agreed by the Parties.

All services offered by the Provider on the website portretto. art are carried out exclusively on the basis of the general terms and conditions listed here, provided that they have been effectively included into the contract.

2. General information about the order process

The provider produces digital sketches as well as printed images on canvas using the digital image templates ("image file") which was received from the Client, whereby some deviations from the digital file may occur after the artist’s creation of the sketch.

The business relationship between the Provider and the Client runs normally as follows: the Client contacts the Provider by e-mail, Whatsapp, Facebook Messenger, Instagram Messenger, any other social media channel or by phone and sends the provider a photo using digital technologies. The Provider makes a binding offer to the Client to create a digitally drawn sketch of the image file. The Provider is bound to this offer for 14 days. After the payment of the purchase price agreed for the whole portrait or for the digital sketch only, the digital sketch will be created during the constant written or oral consultation with the Client. The creation of digital sketches is carried out by artists of the Provider. The Client has the option of having the digital sketch printed on canvas or sent in a digital format via e-mail for extra charge. For this purpose, the Client, having chosen the size of the canvas, is again made a price offer. After the payment for the canvas and delivery, the digital sketch is printed on canvas and sent to the Client.

The services offered by the Provider are therefore the production of goods that are manufactured according to customer specifications or are clearly adapted to personal needs. No hand-painted oil paintings are produced by portretto.art.

3. Conclusion of the contract

(1) Offers of the Provider which are available on the website portretto.art are non-binding, unless they are expressly designated as binding by both Parties.

(2) Conclusion of a contract for the production of a digital sketch: after receiving an image file, the Provider sends the Client a price offer for the creation of a hand-drawn digital sketch of the image file. The Provider is bound to his offer for 14 days. The contract is concluded with the timely receipt of the full price on the announced bank or Paypal account. The sketch to be created is an artistic activity that may slightly differ from the image file.

(3) Conclusion of the contract for the printing of the digital design on canvas: The Provider sends the Client a price offer for the printing of the digital design on canvas. The Provider is bound to his offer for 14 days. The contract is concluded with the timely receipt of the full price on the announced bank or Paypal account. The sketch to be transferred to canvas is an artistic activity that may slightly differ from the image file.

(4) The contract is concluded exclusively in German.

4. Obligations of the Client

(1) By submitting image data in electronic form, the Client confirms that he/she has the right to reproduce and distribute this data and that the image file may be edited by the Provider. Due to the automated processing process, no manual check of the image rights of the customer is carried out by the Provider.

(2) The Client assures that all files and their contents provided by him/her to the Provider for the execution of the contract do not violate applicable rights.

(3) In particular, the Client guarantees,

a) that no illegal, violence-glorifying, racist and inciting materials, templates and content, propaganda means, signs of unconstitutional parties or their substitute organizations, instructions on criminal offenses, various pornographic templates, materials or content that are the subject of sexual abuse of children or sexual acts with animals, and also no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation, etc. are sent to the Provider;
b) that no laws for the protection of youth or criminal laws are violated.

5. Terms of delivery

(1) Unless otherwise agreed, the goods will be delivered by DHL, DPD, UPS, postal delivery or other carrier. When the goods are handed over to the carrier, ownership of the goods also passes to the Client, provided that the entire purchase price has been already paid. Partial deliveries are permitted up to a quantity acceptable to the Client. Each partial delivery is considered as an independent delivery. If partial deliveries are exceptionally unreasonable for the Client, the costs incurred by the Client will not be charged.

(2) The Provider always endeavours to comply with the delivery times stated at the time of conclusion of the contract. If it is not possible in exceptional cases, for the Provider to meet the agreed deadlines, the Client may withdraw from the contract after meeting a two-week deadline for the production of the sketch from the image file or the production of the canvas with a digital sketch printed on ut and verifiable handover of the goods by the Provider to the carrier.

(3) In the event of delivery disruptions that were not culpably caused by the Provider and which cannot be influenced by the Provider, the Provider reserves the right to withdraw from the contract, provided that the impediment to performance is not of a temporary nature, without an obligation to pay damages. This applies in particular to acts of force majeure. The Provider shall not be in default of delivery for the period of the obstacle. Amounts already paid by the Client will be refunded in case of withdrawal after this point.

6. Payment terms

(1) All prices quoted on the website portretto.art are retail prices, which include the statutory value added tax (currently 20%). The retail prices do not include the costs for packaging and shipping.

(2) The following payment methods are offered: credit card payments, Paypal payments, Online-payments, Stripe-payments or bank transfer by invoice.

(3) By constantly updating the portretto.art website the price information and the condition of the goods made at an earlier time may lose their validity. Errors and misprints are reserved. The stated price at the time of submission of the Client's offer is decisive for invoicing.

(4) Unless otherwise agreed, the digital sketch will only be created after receipt of the entire purchase price or the print of the digital sketch on canvas will only be produced after receipt of the entire purchase price. If a partial payment has been agreed in an individual case, the Provider reserves the right to make the entire outstanding remaining debt due in the event of a delay in payment.

(5) If the Client is responsible for a direct debit from bank fees or credit card reversals, the Provider reserves the right to charge a processing fee appropriate to the individual case.

(6) Additional shipping costs incurred due to incorrect delivery addresses will be charged to the Client, provided that the Client is responsible for the incorrect information.

7. Retention of title

(1) The goods remain the property of the Provider until full payment of the invoice amount.

(2) In the event of a delay in payment by the Client, the Provider reserves the right to reclaim the products subject to retention of title after a reminder and expiry of a grace period of 14 days.

8. Right of withdrawal

The following right of withdrawal does not apply in cases of § 18 the Austrian Distance Selling Act (FAGG), in particular if goods are manufactured according to Clients specifications or are clearly tailored to personal needs.

This means that when the digital sketch is produced on the basis of an image file provided by the Client or when the digital sketch is printed on canvas, there is no right of withdrawal for the Client.
If goods are ordered by the Client in individual cases that are not manufactured according to customer specifications or that are not clearly tailored to personal needs, the Client has the right to revoke this contract without giving reasons. The cancellation period is 14 (fourteen) days from the day on which the Client or a third party named by him/her, who is not the carrier, has taken possession of the goods. If there are several partial shipments of goods, the period begins on the day on which the customer or a third party named by him/her, who is not the carrier, has taken possession of the last partial delivery of the goods.

In order to exercise a right of withdrawal, the Clients must inform the Provider of his/her decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). In order to comply with the withdrawal period, it is sufficient for the Client to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

If the Client withdraws from this contract, the Provider must repay all payments received from the Client, including delivery costs (with the exception of additional costs arising from the fact that the Client has chosen a different type of delivery than the cheapest standard delivery offered by the provider), immediately and at the latest within 14 days from the day on which the notice of revocation of this contract was received by the Provider. For this repayment, the Provider uses the same means of payment that the Client used in the original transaction, unless expressly agreed otherwise with him/her; in no case will he/she be charged fees for this repayment. The supplier may refuse repayment until he/she has received the goods back or until the Client has provided the proof that he/she has returned the goods. The Client must return or hand over the goods to the supplier immediately and in any case at the latest within 14 (fourteen) days from the submission of the declaration of withdrawal. The deadline is met if the goods are sent before the deadline. The Client shall bear the costs of the return shipment, provided that he/she has been informed of this.

The Client must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.

9. Warranty

(1) Information, drawings, illustrations, technical data, weight, dimension and service descriptions displayed by the Provider in brochures, on the homepage, in social media etc. or contained in price lists are purely informative in nature. The Provider assumes no responsibility for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order and the invoice are decisive.

(2) Unless a written guarantee has been given, there is in principle no guarantee for the fading or water resistance of printed products. The Provider points out that products that have not been specially designated for outdoor use are only suitable for use in enclosed spaces.

(3) The designations and specifications specified at the time of conclusion of the contract represent the technical status at that time. Minor technical deviations from the advertised goods in the delivered goods (in particular image editing and color of the printout) are permissible and do not constitute a defect, provided that they are within the usual commercial scope and the contractual purpose is not significantly limited. Images that are cropped may differ slightly from the specified sizes. Slight color differences in the printout can occur if the Client’s monitor is not color-correctly calibrated. Prints in black and white can contain a slight color cast due to the color printing. Complaints, credit notes and replacement prints in this regard are excluded, unless the deviation is outside the minor scope.

(4) The Client’s claims against the Provider based on a defect in the goods are based on the statutory provisions and amount to two years from receipt of the goods. If the Client is an entrepreneur, the limitation period is one year. The Client undertakes to inspect the goods for any defects upon receipt and, if such defects are found, to inform the Provider immediately in writing. Should the Client discover at a later date that the goods are defective, he/she is obliged to inform the supplier in writing immediately after the discovery of the same. If the customer fails to report a defect, the goods are considered approved. A defect in the goods does not include damage caused by the Client due to improper or non-contractual handling. The warranty expires in any case in the event of interventions, repairs or repair attempts by the buyer or unauthorized third parties.

10. Disclaimer

Claims for compensation for damages and expenses are excluded, with the exception of personal injury, damage caused intentionally or through gross negligence by the provider, as well as product liability claims. This also applies mutatis mutandis to damages caused by third parties consulted by the provider.

11. Data Protection

(1) The Client agrees that his personal data received by the Provider within the framework of the business relationship will be stored and processed electronically. It should be noted that data determined in accordance with this provision are collected and processed exclusively for the purpose of providing services, in particular for the purpose of order processing and accounting. The Provider does not pass on any personal data of the Client to third parties, unless he was legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the processing of processing operations, the provisions of the GDPR are complied with.

(2) During the visit to the Internet shop (https://portretto.art) of the Provider, anonymized data that do not allow and do not intend to draw conclusions about personal data, in particular IP address, date, time on the computer, browser type and visited pages, are logged. At the request of the Client, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the Client is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: office@portretto.art.

(3) All data carriers and templates provided by the Clients to the Provider for the performance of the contract will be irrevocably deleted no later than 12 months after the execution of the contract.

(4) For warranty purposes and for requests for rectification, the Provider reserves the right to make a backup copy of all transmitted files and templates. The backup copy will be used exclusively for the purpose of rectification and will be deleted at the latest after expiry of the statutory warranty period. The files are stored on a rented server. The data can also be irrevocably deleted earlier and without informing the customer.

12. System Integrity

(1) The use of mechanisms, software or other scripts in connection with the use of the portretto.art website that negatively influences the functionality of portretto.art website is prohibited.

(2) Measures that create an unreasonable or excessive burden of portretto.art infrastructure are not allowed. The user of the portretto.art website may not use any data of portretto.art — neither overwrite nor modify the type of generated content. Any interference that has a negative influence on the portretto.art websites is prohibited.

(3) Content available on the website portretto.art may not be copied, distributed or used and reproduced in any other way, unless the consent of the copyright holders is given. This applies in particular to copying by automatic mechanisms or by means of "robot" search engine technologies.

13. Copyright / Copyright

(1) The author of the sketches and images offered by the Provider is not the Provider himself, but the respective partner of the Provider, or another third party. All partners who are commissioned by the Provider to process images have the provider an unrestricted right of use for all images and designs on the website Portretto.art are offered, granted. The Provider is therefore entitled to use the respective images for all products offered on the site and to grant the Client a respective right of use for his final product. The delivered end product is therefore free of third-party rights.

(2) By purchasing a product from the Provider, the Client acquires the real property of the final product exclusively. Rights of use for reproduction of any kind, distribution, processing and making available to the public are not included in this.

(3) The customer is not permitted to resell the product.

14. Ownership of the final material / archiving

(1) The Provider is entitled to the ownership of the digitally drawn image files (sketches). A right to transfer digital image files exists only after express written agreement. The Client has the right to waive production and only purchase the image in print-compliant resolution. (The price with up to two pictured persons in this case is 75 euros. Each additional person in the picture costs additional 10 euros.)

(2) A duplication or distribution of drawn images in online databases, in electronic archives, on the Internet or in intranets, which are not only intended for the internal use of the customer, on diskette, CD-Rom, USB or similar data carriers is only permitted on the basis of a special agreement between the Client and the Provider. The right to a backup copy remains unaffected by this.

(3) The Provider will archive the digital files (photos, drafts, images, etc.) without legal obligation for a maximum period of 1 (one) year. In the event of loss or damage, the contractual partner is not entitled to any claims.

15. Place of jurisdiction

Unless the law provides otherwise the place of jurisdiction is the place of business of the Provider (Sofia, Bulgaria). For all disputes that may arise from this legal relationship, Bulgarian law shall apply, excluding the conflict of laws rules. The application of UN sales law is excluded.

16. Validity of the GTC

Should any provision of these General Terms and Conditions be invalid for any reason, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation to be effective.