Terms and Conditions ImageShop
The ImageShop, operated by the sole proprietorship Creative Dragon Works of Henning Wiekhorst (hereinafter referred to as the "Seller"), allows visitors to purchase digital photos via online payment. By making an online payment, the purchasing visitor, hereinafter referred to as the "Customer," accepts the following General Terms and Conditions, the ImageShop Terms and Conditions , without reservation:
1. Scope and notes:
These Terms and Conditions of ImageShop apply exclusively to contracts concluded via the ImageShop at the internet address https://imageshop.online and its subpages. Any terms and conditions of the customer are expressly rejected.
ImageShop's offerings consist exclusively of digital photos and images, to which the customer is granted access after prior payment of a one-time license fee. Access is provided via a download link, which is sent electronically to the customer via email immediately and automatically after successful payment.
By sending the download link, the seller confirms and fulfills the contract with the customer. The file format of the photos and images in the ImageShop is "JPEG", and for specifically marked images, also "PNG".
The download link remains valid for five calendar days and allows three downloads during this period. If the customer misses this download deadline, the contract is still considered fulfilled and no refund will be issued.
In case of technical problems or if the download link is not working, the customer can contact the seller within the five-day download period by email at info@imageshop.online or alternatively at wiekhorsthenning@mac.com . The seller will then promptly fulfill their delivery obligation by other means. Refunds are not available.
The customer agrees to strictly adhere to the relevant license terms (Read here!). The licenses apply in addition to the ImageShop Terms and Conditions.
The ImageShop is available to every internet user worldwide and can be translated into various languages. However, the operator is German and the ImageShop is a German website. Therefore, in case of doubt, the German version of the ImageShop Terms and Conditions always applies.
2. Copyright and Liability
All photos, images, and content of the ImageShop, as well as the website itself, were created by its operator or the seller. Therefore, Henning Wiekhorst holds all associated copyrights, and no content from other creators is offered.
The seller strives to offer legally compliant photos and images that do not infringe on the rights of others. However, photos taken legally and correctly abroad at the time of the shoot may not comply with current German and EU regulations. The customer confirms that they have informed themselves about this before purchasing a photo or image and have verified the legality of the intended use of the photo.
The customer undertakes to indemnify the seller against all legal claims and accepts that the seller assumes no liability whatsoever.
Should a legally questionable image be discovered in the ImageShop's inventory, contrary to expectations, the seller requests that this be communicated via email to info@imageshop.online or alternatively to wiekhorsthenning@mac.com in order to make appropriate corrections or remove the photo or image.
3. Licenses and Payment
When a customer purchases a photo or image from the ImageShop, this purchase includes the granting of usage rights or licenses. The price depends, among other things, on the scope of the respective license. All licenses in the ImageShop are unlimited in time and require only a one-time payment of a license fee (royalty-free). The license fee is already included in the price of a photo or image in the ImageShop.
Customers can find information about available licenses under "Licenses and Prices" and on each product page in the ImageShop. The license terms apply in addition to these ImageShop General Terms and Conditions. The customer is obligated to strictly adhere to the license terms. Should this not occur, the seller has the right to demand at least the current price of the most expensive license at the time the violation was discovered.
The seller has the right to adjust and change the licenses and prices at any time.
Payment is made in advance via PayPal or Stripe. The terms and conditions of the respective payment service provider also apply to payment transactions.
4. Shipping costs and taxes
There are no shipping costs for the digital delivery of non-tangible products such as those available in the ImageShop.
Only for customers from Germany is it relevant that the seller does not show VAT under the small business regulation.
5. Withdrawal
According to EU legal regulations, there is no right of withdrawal for this type of digital product as offered in the ImageShop.
6. Place of fulfillment
The place of performance is the seller's registered office.
7. Final Provisions
The contract language is German.
Contracts between the seller and the customer are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection afforded to the consumer by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's place of business. This also applies if the customer has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought.
Should any provision of these Terms and Conditions of ImageShop be or become invalid and/or unenforceable, this shall not affect the remaining provisions. Instead, the parties shall agree on a valid and/or enforceable provision that comes as close as possible to the intended meaning and economic effect of the invalid and/or unenforceable provision. This also applies in the event of a gap in the regulations.
End of the Terms and Conditions ImageShop
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