Conditions of Use

 

Information about your contractual partner

and the conclusion of the agreement;

General Business Terms and Conditions for your order:

 

I. Information about the contractual partner

Your contractual partner (hereafter referred to as “Alster Atelier”)

for the acquisition of our goods is the:

 

 

II. Information about ordering, the conclusion of the agreement

 and storage of data

 

1. Consumers and entrepreneurs

Consumers in accordance with the AGB [General Business Terms andConditions] are considered to be natural persons with whom one entersinto business relationships without the content of the business relationship being attributable to commercial or independent professional activities of the natural person. Entrepreneurs in accordance with the AGB are

considered to be natural or juridical persons or partnerships that are ableto conduct legal dealings with whom one enters into business relationships and who are conducting commercial or independent professionalactivities. If one refers to customers in the following text, they are naturally both consumers as well as also entrepreneurs.

2. Ordering process:

The ordering process corresponds to the formulation that is customaryupon the Internet: By means of the data entry form, you are requested toenter the data that are required for the processing of the order (name,mailing address, company data and a password).

You can compile the goods upon the Internet page which you desire byselecting the respectively desired features of the goods [see product description] and then confirming by pressing the “Continue” button. Withphotos, one must select the format (the photo size) as well as the number of photos or products. By pressing the “Add to shopping basket” button, the order in the shopping basket can be updated. When you haveplaced all the goods you desire in the shopping basket, you can reviewthem by viewing the shopping basket and particularly control whether thegoods listed there and features correspond to your entries. If this is indeed the case, you can review the shipping options by making confirmation by pressing the “Checkout” button and modifying your address. Byclicking upon the “Continue” button, you can update your billing address.

Now select your payment method. You will now be requested to confirmthe AGB. It is possible to make additional comments in another field. Byclicking upon the “Continue” button, your order will now be submitted. At this point, it is still possible to make any corrections upon the data entryform. The ordering process is now completed.

 

3. Realisation of the agreement:

An agreement is considered to always be realized through the renderingof an offer and the acceptance of the same. You render an offer for theconclusion of an agreement with Alster Atelier by submitting a bindingorder of goods to Alster Atelier. An order requires the completion of the ordering process (see description of the ordering process); the order becomes binding by making confirmation by clicking upon the “Order” button at the end of the ordering process. By your clicking upon the “Order”button, your binding offer is sent to Alster Atelier and you have thus under taken the last action that is required from you for the submission of a binding offer.

 

After you have submitted an offer to Alster Atelier in this manner, youshall receive an automated confirmation e-mail in which we once againlist the items in your order and accept your order. Through the receipt ofthe confirmation e-mail sent by Alster Atelier, a binding agreement isconsidered to have been realised between you and Alster Atelier for the supplying of the goods ordered.

 

3. Insofar as we procure the goods and/or the parts, materials or substances required for production of the goods from third parties, the conclusion of the agreement shall be made subject to the condition of correct and prompt delivery being made to us by our own suppliers. This shall be valid only in the event that we are not responsible for the failure to make delivery. However, in the event that we are unable to render performance owing to a lack of materials/resources, we shall nonetheless be expressly obliged to promptly notify you of this and to promptly reimburse you for any counter-performance you have provided.

 

4. Storage of the contractual text

Alster Atelier shall save the data you have entered about the goods youhave ordered, about your person (cf. detailed data protection directives under 2.) and the relevant General Business Terms and Conditions in the version that is prevailing at the time of the order. Unfortunately, it is

not possible for the customer to retrieve these data via the Internet page;

insofar as the General Business Terms and Conditions are made available there for review, they do not necessarily have to correspond to theGeneral Business Terms and Conditions agreed with you at the time that the agreement was concluded. Thus, we advise every customer to print out or save the data entered during the ordering process and the General Business Terms and Conditions included there for his own benefit.

However, if you should fail to do this, we would be glad to provide you with any related information in this regard via e-mail upon your request.

 

5. Storage

In accordance with § 28 of the Bundesdatenschutzgesetz [German Data

Protection Directives] (BDSG), we wish to point out that the data required for the handling of business transactions are being processed and saved by means of our EDP system in accordance with § 33 (BDSG). Personal data shall naturally be kept confidential.

 

Alster Atelier shall be responsible for such data protection. Any further details about our data protection responsibilities can be found above under I and in the Imprint.

 

Data Storage:

We will use your data exclusively for the processing of your order. We save and process all customer data subject to adherence to the relevant directives of the Bundesdatenschutzgesetz (BDSG) and the Telemediengesetzes [German Teleservices Act] (TMG).

 

Information:

At any time, you shall have the right, upon a free-of-charge basis, to information and to the correction, blocking and deletion of your saved data. However, please keep in mind that no deletion is possible insofar and as long as Alster Atelier still mandatorily requires the data for the fulfilment of its contractual obligations owed to you. Please directly contact Alster Atelier by means of the methods specified above and in the Imprint section (e-mail, telephone and/or fax) if you should wish to exercise your rights pertaining to your data.

 

Dissemination to third parties:

We shall not pass on your personal data, including your home address and e-mail address, to third parties without your express approval which may be revoked at any time. In particular, we shall not use your data for advertising purposes, market research or opinion research or pass them on to third parties for similar usage.

 

Our service partners shall be excepted from this that require the data in order to process the order (e.g., the carrier commissioned with making the delivery and the financial institution commissioned with processing the payment). In these cases, the scope of the disseminated data shall nonetheless be limited to the required minimum. Any dissemination for advertising, market research or opinion research is also hereby impermissible.

 

We shall undertake technical and organisational security measures in order to protect your data that we manage against accidental or intentional manipulations, loss, destruction or access by unauthorised persons.

 

III. General Business Terms and Conditions

Our General Business Terms and Conditions are listed below. In the introduction, it states that these Business Terms and Conditions are valid for all present and future business relationships with Alster Atelier. We wish to point out that any deviating, opposing or supplemental AGB of the

Customer, shall not become a contractual component, even if Alster Atelier is aware of them, unless we have expressly approved their validity in writing. The contractual language shall be German.

 

First of all, we would like to inform you of your Right of revocation (under § 1) which you can use if you have ordered with us via long-distance communication devices. Furthermore, you will find important provisions below which, through the valid inclusion of these General Business Terms and Conditions, shall become the object of the agreement concluded between Alster Atelier and you. They include particularly information about prices, shipping, delivery and the payment method. Insofar as you still have any questions, please feel free to contact us by telephone.

 

§ 1 Right of cancellation of the order made via long-distance communications devices   If you, as the consumer, order something via a long-distance communications device (e.g., the Internet), you have a legal right to cancel the order. The details of this right of cancellation and how you can exercise it  are stated below: Right of revocation: You may revoke your contractual declaration within one month’s time in  text form (e.g., letter, fax or e-mail) without being required to state any  reasons for so doing or, if the goods have been delivered to you before the delivery timeframe lapses, through the return of the goods. The  timeframe shall begin to run after the receipt of this instruction in text  form, but nonetheless not before the receipt of the goods by the recipient (in the event of the recurring delivery of similar/the same goods, not  before the receipt of the initial partial delivery) and also not before the  fulfilment of our notification obligations in accordance with § 312c Para.  2 BGB [Civil Code] in conjunction with § 1 Paras. 1, 2 and 4 BGB-InfoV  [Notification Directives] as well as our obligations in accordance with §  312e Para. 1 Clause 1 BGB in conjunction with § 3 BGB-InfoV. In order  to fulfil the revocation timeframe requirement, the timely sending of the  revocation or the return of the goods shall suffice. The revocation must  be sent to:   Alster Atelier Mediendesign und Kommunikation GmbH, Managing Director: Dieter Schleifenbaum, Rütersbarg 2 D-22529 Hamburg, Fax.: +49  (0)40   50 12 38 E-mail: contact@romyworld.com     Ramifications of a revocation In the event that an effective revocation is made, any goods received  must be returned/reimbursement must be provided for them and, where  applicable, restitution (e.g. interest) must be made for any benefit that  has been received. In the event that you cannot return the goods received, in whole or in part, or only in a deteriorated condition, then you  must provide us with compensation. In the event that goods have been  provided, this shall not be valid if the deterioration of the goods is attributable exclusively to their inspection – as would be possible, for example, in a shop. You are not required to provide compensation if the deterioration of the goods arose through the contractual use of the goods.  Goods that can be sent in package form may be sent back to us at our  risk. You must assume the costs of the return shipment if the goods supplied correspond to the goods that you have ordered and if the price of  the goods to be returned does not exceed 40 euro or, in the event that  the goods have a higher price, you have not yet rendered the counter-performance or have not yet made the contractually agreed partial payment by the point in time that you made revocation. Otherwise, you shall incur no costs for the return shipment. We shall pick up any goods which cannot be shipped in package form.   Obligations to reimburse payments must be fulfilled within 30 days. The  timeframe shall begin for you upon the sending of your declaration of  revocation or the return of the goods; for us, upon receipt of the same.   Special comments: In the event that the contractual performance involves the rendering of  services, your right of revocation shall lapse prematurely if your contractual partner has begun the rendering of services with your express approval before the end of the revocation period or you yourself have affected this.   End of the revocation-related instructions

 

 

§ 2 Product description and service

The products are considered to be the products listed upon the Internet site. They are photos and fan items.

Intellectual property rights are trademarks and copyrights. Please keep in mind that the goods we sell customarily are protected by copyright. Thus, we expressly wish to point out that, when you acquire the photos, you acquire ownership of only the reproduced item, but the rights of use extending beyond the contractual object are not being assigned (§ 31 Para.5 UrhG [German Copyright Act]). This means that you may particularly not make the photos publicly accessible upon the Internet through digitalisation without the prior consent of Alster Atelier.

 

§ 5 Prices, length of validity of the prices

1. The price is the fee that you are required to pay to us for our goods. The prices include – if nothing to the contrary is expressly stated – the statutory VAT of 19%. Included in the price of the goods are also the additional costs which are individually listed in § 6 for shipping, packaging and insurance. However, you are at liberty to also pick up the goods from our shop; in the event that you should opt for this option, no additional costs would be charged for packaging, shipping or insurance.

 

§ 6 Packaging and shipping costs; delivery timeframe

1.a. Photos

Photos are supplied in individual packaging in cardboard slipcovers / cardboard roles.

Format up to a max. of 60x60cm /packaging of 7.50 + insured shipping of 9.00 EUR.

Format up to a max. of 40x50cm /packaging of 7.50 + insured shipping of 9.00 EUR.

Format up to a max. of 24x30cm /packaging of 4.50 + insured shipping of 6.50 EUR.

Format up to DIA A4 /packaging of 1.50 + insured shipping of 2.20 EUR.

1.b. Fan items

Postcards max. of 50 g incl. packaging uninsured of 1,10 EUR.

Signed autographs max. of 50 g incl. packaging insured shipping of 3.20 EUR.

Items up to DIN A5 and a max. of 50 g /  packaging of 1.00 + insured shipping of 2.20 EUR.

Items up to DIN A4 and a max. of 500 g / packaging of 3.00 + insured shipping of 4.50 EUR

Items up to 1000 g / packaging of 3.00 + insured shipping of 6.50 EUR.

Items up to 20 kg / packaging of 7.50 + insured shipping of 9.00 EUR.

To 1.a.b.

By ordering severel articles only the cost for the biggest packaging is to pay.

Autographs and postcards will be packaged and shipped seperately to not damage these originals.

2. You shall pay the freight and insurance costs in accordance with 1.

3. In the event that you should order copies signed by hand by the origi-nator, please keep in mind that the delivery timeframe shall be three weeks after the conclusion of the agreement because the photos, after they have been produced, must be sent to the originator for his signature and then they must be returned to us.

4. Otherwise, we shall ship orders within 10 working days after we re-ceive payment (cf. § 7).

5. As a rule, we do not deliver abroad. In the event that you should de-sire to have a delivery made abroad, please contact us personally in or-der to discuss the realisation of your order.

§ 7 Payment methods

 

1. Payments must be made in advance by the customer by means of the

methods indicated in the shop.

 

2. The customer shall be entitled to make an offsetting with counterclaims only if the counterclaims have been legally upheld or are undisputed.

§ 9 Liability
Insofar as nothing to the contrary is agreed in deviation from these Gen-eral Business Terms and Conditions, the Alster Atelier Company shall be liable for damage compensation claims as follows:

1. Alster Atelier shall always be liable for damage compensation claims in order to provide compensation for damages resulting from the loss of life, physical injury or damage to health in their full scope based upon the valid legal situation.

2. Alster Atelier shall be liable for any other damages only if they are based upon intentional wrongdoing or gross negligence upon the part of Alster Atelier, its legal representative or its vicarious agent. In the event violated contractual obligations which are indispensable for the attain-ment of the contractual purpose or upon the strict adherence to which the customer may rely (so-called cardinal obligations).

3. The directives of the Produkthaltungsgesetz [German Product Liabil-ity Act] shall remain unaffected.