General terms and conditions of business
§ 1 Internet shop
myphotoartgallery eK | Owner Thorsten Landré runs the online shop mystreetartgallery. You do not need to become a registered customer to stay on the mystreetartgallery website, in particular to view upcoming sales ("User"). Membership requires registration by the user (§ 3). You will receive personal information about upcoming sales via mystreetartgallery via email if you have consented to receiving these emails. The prices stated on the website are final prices including VAT. Shipping costs and processing fees are shown separately and are transparent for you.
§ 2 Validity of the General Terms and Conditions
2.1 By agreeing to the registration, you agree to the validity of these General Terms and Conditions (hereinafter "GTC"). These terms and conditions set out the conditions under which you can use the services of mystreetartgallery. 2.2 You can access, save and print out these GTC at any time via the "GTC" link on the mystreetartgallery website. 2.3 General terms and conditions of users and partners do not apply in direct business transactions with mystreetartgallery, even if mystreetartgallery does not expressly object to them and/or provides services without objection. This also applies if users or partners of conflicting conditions have prescribed a special form for the objection. Deviating terms and conditions are only applied if this has been expressly confirmed in writing by mystreetartgallery in advance. 2.4 The contract language is German.
§ 3 Conclusion of contract and retention of title
The presentation of the products and the presentation of goods on the mystreetartgallery website as part of the sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to place an order. There is no legal claim to the availability and deliverability of the products shown. The sales campaigns are only aimed at consumers within the meaning of § 13 BGB, ie any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. Only normal household quantities may be ordered. mystreetartgallery reserves the right to make orders from sales campaigns dependent on the fulfillment of certain individual requirements at a given time. In order to order a product presented at mystreetartgallery, you have to carry out the following steps: You put the article in the shopping cart. In the next step you enter all the necessary information about the billing address and delivery address. During this step we ask you to actively agree to the general terms and conditions, the data protection regulations and the cancellation policy. Then enter the details of your preferred payment method. Finally, you can check your order again and complete it by clicking the "Buy now" button. By submitting your online order, you make an offer to mystreetartgallery to conclude a legally binding contract. By clicking the "Place order" button, you place a binding order for the goods contained in the shopping cart and confirm that you are authorized to place the order, ie for minors with the consent of their legal representatives. Immediately after receipt of your order, you will receive an automated e-mail confirming receipt of your offer and thus the conclusion of the contract. All goods remain the property of mystreetartgallery until the purchase price and all claims associated with the purchase have been paid in full. You are not entitled to dispose of the goods before the transfer of ownership. If third parties assert rights to the goods, you must inform mystreetartgallery immediately. If mystreetartgallery determines before the contract is concluded that the ordered product is not available, we will inform you immediately and immediately refund any payments already received. If, after the conclusion of the contract, mystreetartgallery determines that the product ordered has not been delivered on time or correctly (including the delivery of small quantities) by our sub-supplier, for which mystreetartgallery is not responsible, contrary to expectations and despite a delivery contract concluded by us with the supplier regarding the ordered goods are not available, we reserve the right to withdraw from the contract. In such a case, mystreetartgallery will inform you immediately about the non-availability of the ordered product and refund any payments received from you immediately. mystreetartgallery is entitled to reject offers from you without giving reasons. In particular, mystreetartgallery reserves the right to reject an offer if the shipping address is outside of Germany or Austria, if there are indications that the customer is not a consumer, if an order exceeds the usual household quantity or if a payment has been requested with a deadline not happened.
§ 4 Use of mystreetartgallery
4.1 mystreetartgallery offers the services only within the framework of the recognized rules of technology. mystreetartgallery can limit the services if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and this serves the proper or improved provision of services (maintenance work). For technical reasons in particular, it may be temporarily impossible or only possible to access the services to a limited extent (unforeseen system failures). 4.2 It is forbidden to use the services in a way that violates legal regulations, the rights of third parties or morality. It is also prohibited to use the services in a way that is abusive or likely to damage the good reputation of mystreetartgallery. In particular, it is prohibited to use the services for the following purposes. No anti-competitive activities may be undertaken and/or encouraged, including progressive solicitation (such as chain, pyramid or Ponzi schemes). It is forbidden to use pornographic content or content that violates youth protection laws or to advertise, offer or sell pornographic products or products that violate youth protection laws. Our performance and/or services may not be used for purposes other than intended, for example by using "robot", "spider" or "offline readers" or other malicious software. It is prohibited to upload content to our Services that is protected by copyright unless the user has the rights to it or the necessary consents. Furthermore, mystreetartgallery should not be used in a way that adversely affects the availability of our services for other users. The distribution of offensive, racist or otherwise illegal content or information, including offensive or defamatory content, via our services is prohibited, regardless of whether this content concerns other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content may be used. Sending chain letters, intercepting or attempting to intercept messages, promoting shopping clubs, sending messages for commercial purposes, and using our services to threaten, unreasonably harass, or harass others is prohibited ( in particular through spam) or to violate the rights (including personal rights) of third parties. Furthermore, no temporary e-mail addresses from so-called 10-minute mail services may be used and names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact information from messenger services may not be published. 4.3 mystreetartgallery has checked and posted its own content on the mystreetartgallery website to the best of its knowledge and belief. In principle, mystreetartgallery does not control the content that third parties publish on the mystreetartgallery website. In principle, mystreetartgallery also does not check third-party websites that can be reached on the basis of a link on the mystreetartgallery website, so that no responsibility is assumed for the form, correctness, appropriateness and quality of the corresponding content. mystreetartgallery will remove or suppress content posted by third parties or refrain from links if mystreetartgallery finds indications that the content posted or the third-party websites violate applicable law or these General Terms and Conditions.
§ 5 Conditions for sweepstakes, raffles or promotions
5.1 The following conditions apply to competitions, raffles or other campaigns (hereinafter “promotion”) organized by mystreetartgallery. Winners or beneficiaries will be determined from all individuals who have entered the Promotion and met the eligibility requirements set by mystreetartgallery. Winners or beneficiaries will be notified of the prize or beneficiary by email from mystreetartgallery via the email address provided during registration. If the e-mail contains a note that the winner or beneficiary must contact mystreetartgallery within a certain period of time in order to accept the prize, the prize will be forfeited at the end of the period if the winner has not reported accordingly. The prizes or benefits offered in the promotions can neither be exchanged nor paid out in cash. Participants in a promotion agree that if they win, they may be named on the mystreetartgallery website and in other mystreetartgallery services, as well as in press releases. mystreetartgallery can exclude participants from a promotion if they manipulate the competition or promotion mechanisms by unfair means or in violation of these General Terms and Conditions. mystreetartgallery can punish such manipulations with the exclusion at its own discretion. mystreetartgallery reserves the right to cancel promotions or extend them beyond the original period.
5.2 The following conditions apply to competitions in social networks (hereinafter referred to as "social media competitions") organized by mystreetartgallery.de on Facebook and/or Instagram:
• Social media sweepstakes are carried out by Plain Commerce GmbH.
• The respective social media sweepstakes ends at the specified time.
• mystreetartgallery has the right to discontinue social media competitions temporarily or permanently without giving reasons.
• Unless otherwise specified in the relevant Social Media Sweepstakes, those resident in one of the countries to which we ship (Germany, Austria, Switzerland, Belgium, Denmark, Finland, France, United Kingdom) are eligible to enter , Italy, Luxembourg, the Netherlands, Sweden and Spain).
• Persons who are at least 18 years old at the time of participation are eligible to participate.
• Each entrant may only participate once in each social media sweepstakes. This also applies if he has multiple Instagram or Facebook memberships.
• mystreetartgallery employees are excluded from participation.
• Participation takes place according to the respective framework conditions in the contribution.
• Submissions that are offensive, abusive, misleading, unethical, discriminatory or defamatory in nature are not acceptable and will not be considered.
• Any competitor attempting to falsify the result using technological means will be disqualified.
• Winners will be selected at random by a mystreetartgallery staff member.
• Winners will be notified in the comments or via a private message on Facebook or Instagram.
• Any changes to the relevant social media sweepstakes will be announced in a timely manner on the relevant social media page.
• If the winner does not respond within seven days or fails to comply with the eligibility requirements listed above, the prize will be forfeited and awarded to another entrant.
• A cash payment of the prize is not possible.
5.2.4. data protection
• Insofar as personal data (name, date of birth, postal address and e-mail address) is collected from participants as part of the respective social media competition, mystreetartgallery collects, processes and uses this data exclusively for the purpose of conducting the social media competition.
• The data will be treated with absolute confidentiality and will not be passed on to third parties.
5.2.5. Legal basis
• Legal recourse is excluded.
• The respective social media competition is not associated with and is in no way sponsored, endorsed or organized by Instagram or Facebook.
• By participating in the respective social media competition, the participants accept the terms and conditions and the data protection regulations.
§ 6 Promotional Vouchers/Credit
The following conditions apply to mystreetartgallery promotion vouchers (and analogously to mystreetartgallery credit). mystreetartgallery vouchers for goods can be redeemed for all products listed on the mystreetartgallery website, unless the redemption of mystreetartgallery vouchers is excluded on the campaign overview or product overview page or it is a campaign in which the order is placed via the third party website; this is expressly marked in each case. The purchase price of the ordered products must be at least equal to the value of the voucher, unless otherwise stated when the voucher was issued. mystreetartgallery vouchers for shipping costs can be redeemed for the flat-rate shipping costs incurred for orders on the mystreetartgallery website, unless the redemption of mystreetartgallery vouchers is excluded on the campaign overview or product overview page, or it is a campaign , where the order is placed via a third-party website. mystreetartgallery coupons are based on codes that are personally provided to you; Codes usually expire after one use. Period of validity, minimum order value or other conditions are determined by mystreetartgallery and announced in the relevant promotion; in this case, the minimum order value refers to the purchase price including VAT and shipping costs are not taken into account. Only one mystreetartgallery voucher can be redeemed per order; several mystreetartgallery vouchers cannot be combined. If you cancel the purchase of an item using a mystreetartgallery voucher, the voucher amount will not be refunded and the voucher cannot be used again; This does not apply if you have purchased the mystreetartgallery voucher directly from mystreetartgallery against payment of a sum of money. You cannot purchase a mystreetartgallery voucher with a mystreetartgallery voucher that you did not purchase directly from mystreetartgallery by paying a sum of money. A cash payment or interest on the mystreetartgallery voucher does not take place. mystreetartgallery vouchers are issued personally to a member and cannot be transferred to a third party; If mystreetartgallery learns of the transfer of a voucher, mystreetartgallery reserves the right to declare the corresponding voucher invalid. If mystreetartgallery points out that the voucher is only valid for new customers, it is necessary for the voucher to be issued for a person to register as a mystreetartgallery member for the first time. With the exception of a loss of the voucher, for which mystreetartgallery is responsible, mystreetartgallery assumes no liability for the loss or theft of the voucher; Replacement vouchers will only be issued if mystreetartgallery is liable for the loss of the voucher. Additional conditions or restrictions for the redemption of promotional vouchers may be listed in the shop regulations or when the voucher is issued.
§ 7 Warranty and Liability for Damages
7.1 The warranty is based on the legal provisions of the Federal Republic of Germany. In the event of a defect in the goods, you have the legal options of rectification (e.g. delivery of goods free of defects), withdrawal and a price reduction. 7.2 mystreetartgallery's liability for damages towards consumers is limited. Regardless of the type of damage, liability for damages is excluded, unless otherwise specified below. mystreetartgallery is solely liable according to the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. mystreetartgallery is solely liable in accordance with the statutory provisions if mystreetartgallery culpably violates an essential contractual obligation. An essential contractual obligation in this sense is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you can regularly rely. mystreetartgallery is also solely liable in accordance with the statutory provisions in the event of culpable injury to life, limb or health; this also applies to mandatory liability under the Product Liability Act. 7.3 The same restrictions on liability for damages apply to companies that, contrary to Section 4, participate directly or indirectly in sales campaigns as to consumers, with the further restriction that liability for damages is limited to the foreseeable damage that is typical for the contract, unless there is liability due to intentional action or due to injury to life, limb or health. 7.4 The aforementioned exclusions of liability and limitations towards entrepreneurs or consumers do not apply in the event that mystreetartgallery has assumed express guarantees.
§ 8 Right of withdrawal according to §312g BGB
All items are produced individually for each order after ordering. It is not a stock item. The right of withdrawal according to §312g BGB applies accordingly.
Irrespective of this , we are providing a template for registering a revocation here for the sake of form :
Section 9 Release
The user releases mystreetartgallery from all third-party claims that they assert against mystreetartgallery due to violations of their rights or violations of these terms and conditions, the shop regulations or laws when using mystreetartgallery. The user assumes the costs of the necessary legal defense, including all court and attorney's fees in the amount incurred. This does not apply if the user is not responsible for the violation of the rights of third parties or the violations of these terms and conditions, the shop regulations or the laws. In the event of a claim by a third party, the user is obliged to provide mystreetartgallery with all information that may be required for the examination of the claims and a defense without delay, truthfully and completely. Delays in the provision of information are at the expense of the user.
§ 10 Copyright and Rights of Use
The contents of mystreetartgallery are protected by database law, copyright and trademark law. This content may not be copied or distributed, nor used or reproduced in any other way without the prior consent of the relevant rights holder. This applies in particular to copying using robots, crawlers or other automatic mechanisms. Any improper use or exploitation or modification of the services is prohibited. In particular, the copying or reading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law within the framework of the existing legal possibilities.
§ 11 Image rights from the catalog offer
mystreetartgallery uses image motifs for its catalogue, which have been provided by public sources, interested users and our own photographers. mystreetartgallery does not check whether third-party copyrights have been violated. If mystreetartgallery uses image motifs for which you hold the copyright, Plain Commerce GmbH endeavors to investigate this immediately in order to avoid damage. In this case, please contact support@mystreetartgallery.
Consumer information on online dispute resolution in accordance with Regulation (EU) No. 524/2013:
As part of the regulation on online dispute resolution for consumer matters, an online dispute resolution platform from the EU Commission is available to you at http://ec.europa.eu/consumers/odr/.
§ 12 Image rights from the upload offer
mystreetartgallery offers you the opportunity to upload your own image motifs and have them printed on the corresponding products. It is checked at irregular intervals whether the uploaded motifs violate applicable law or morality. If such a violation is found, Plain Commerce GmbH reserves the right to refuse the production and/or delivery of the ordered products. This applies in particular, but not exclusively, to motifs with sexual, racist, discriminatory or violent depictions.
Any costs incurred will be charged to myphotoartgallery eK | Pass on owner Thorsten Landré to you.
In addition, you are responsible for ensuring that you do not infringe any third-party rights with your production order.
§ 13 Final Provisions
12.1 Should individual provisions of these GTC be wholly or partially invalid or contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the invalid or incomplete provisions with provisions that come as close as possible to the originally intended provisions while safeguarding the interests of both parties. 12.2 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN sales law and references to foreign law. If you are a consumer, mandatory provisions of the state in which you have your habitual residence remain unaffected. 12.3 If you are a merchant, a legal entity under public law or a special fund under public law or do not have a general place of jurisdiction in Germany or another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship is Cologne. 12.4 Additional agreements have not been made with the exception of the shop regulations and must be in writing to be effective.
Wenn Dich StreetArt genauso begeistert wie uns, dann möchten wir Dich unbedingt kennenlernen. Als Teil unserer Gallery-Community kannst du nicht nur viel Geld sparen, sondern mit Deinen Streetart-Fotos auch bares Geld verdienen.
Hier sind 3 Möglichkeiten Teil von mystreetartgallery zu werden:
Dein Wunschmotiv mit 10% Rabatt
Du hast in unserer Gallery ein Motiv gefunden, dass es aber noch nicht in der richtigen Größe, dem passenden Format oder als Dein Wunschprodukt gibt?
Kein Problem! Schreib uns einfach eine E-Mail mit dem Motivnamen und Deiner gewünschten Ausführung. Wenn wir es dann in unserer Gallery aufgenommen haben, dann erhältst Du als kleines "Dankeschön" einen 10% Gutschein für speziell Dein Produkt.
Deine Fotos in der Gallery - mit 20% Umsatzbeteiligung
Du liebst StreetArt ebenso wie wir und begeisterst Dich für tolle Fotos von Murals, Stencils oder Paste-ups?
Dann suchen wir Dich! Wir würden Deine Motive gerne in unsere Gallery aufnehmen. Und jedes mal, wenn Dein Motiv verkauft wird, erhältst Du eine Umsatzbeteiligung von 20%. Schreib uns eine E-Mail - gerne mit deinem Social Media Account - und wir melden uns umgehend bei Dir.
Vermarktungspartner werden und mit deinem Hobby Geld verdienen
Du wolltest schon immer mal mit Deinem Faible für StreetArt, Deinem Blog und deinen Social Media Accounts Geld verdienen?
Dann melde dich bitte bei uns. Als kleines Unternehmen freuen wir uns über Vermarktungspartner und bieten Dir neben attraktiven Provisionen, einen persönlichen Service und beeindruckende Werbemittel. Melde Dich einfach bei unserem Partner adcell an, oder schreib uns eine kurze E-Mail.