Terms and Conditions
Section 1: FIELD OF APPLICATION
The general terms and conditions of sale detailed below (hereafter referred to as the “General Terms and Conditions”) govern the contractual relationships between any user of the Zeinberg.com website (hereafter referred to as a “User” or “You”) and the ZEINBERG company, whose headquarters are located at Sendlinger Straße 22, 80331 Munich, Germany (hereafter referred to as “ZEINBERG”).
These General Terms and Conditions of Sale exclusively apply and replace all other terms and conditions, except for any prior, express and written exemption. ZEINBERG may be occasionally required to modify some of the provisions of its General Terms and Conditions. It is therefore necessary to reread them before each visit to the Zeinberg.com website (hereafter referred to as the “Website”). These modifications shall be binding and enforceable as of the upload date (the date of upload featuring at the end of the present terms and conditions) and shall not apply to any agreements made prior to said date. Every purchase on the Website is governed by the General Terms and Conditions applicable as at the date of the order. By confirming your order, You accept without reserve the General Terms and Conditions.
ZEINBERG provides services, goods and deliveries based exclusively on the General Terms and Conditions of Sale outlined on this page.
Section 2: USE OF THE WEBSITE
Use of the Website is conditional upon acceptance of the General Term and Conditions of Sale, and, where applicable, upon respect of the applicable conditions of use. You guarantee the veracity and accuracy of the information provided by yourself on this Website.
The User agrees not to upload to the site any content that could infringe any rules of law in force, in particular, criminal law, copyright law, trademark law, or any other proprietary or third party rights.
The Website is available in French and English. The language of the Website is determined by the language of your Internet browser. If the language of your Internet browser is anything other than English or French, the Website language will be English. You can modify the language choice at any time on the Website’s homepage.
ZEINBERG strives to ensure the accuracy and updating of information published on the Website, and reserves the right to correct the content at any time and without prior notification. Notwithstanding, ZEINBERG cannot guarantee the accuracy, precision, or exhaustivity of information made available on this Website. Therefore, ZEINBERG shall not be held liable for any unavailability of the Website, any bugs or system failure, or any direct or indirect damage resulting from fraudulent intrusion by a third party, regardless of the type of damage, its cause and its consequences.
The Website may contain references and links to other third-party websites. ZEINBERG is not responsible for access to these sites or their content.
Similarly, ZEINBERG shall not be held responsible if use of the Website (in whole or in part) is not possible, and/or in the case of malfunction of the Website or the system on which it is based. Under no circumstances shall ZEINBERG be liable for malfunctions attributable to software, whether these are incorporated within the Website or provided with it.
- Product Characteristics
ZEINBERG produces professional-quality framed prints and prints mounted on aluminium with your photographs. Our specialised laboratory offers a superior quality Plexiglass finish, and Shadowgap frames made with care and available in black and white.
A number of formats are available, depending on the format of the User’s photograph. All prints are accompanied by a personalised certificate of authenticity.
Prices indicated are in Euros, inclusive of all taxes, but excluding postage and packaging fees. Only payment in Euros is accepted. The services proposed on the Website do not constitute a binding offer for ZEINBERG, and the indicated prices have no contractual value.
- Steps for Placing an Order
To place an order, You must perform the following steps:
- Product Choice Screen: on this screen, You can choose between different types of frames and mounted prints.
- File Upload Screen
- File Retouch Screen
- If you have chosen a mounted print, you then choose the format depending on the resolution of your photo.
- Finishes and Options Selection Screen:
- If You have chosen a mounted print, You can decide to add a Plexiglass finish or a Shadowgap frame in black or white
- If You have chosen a framed print, You can choose between 4 frame colours
- Certificate Screen: You can customise your certificate by adding a title, date and written text of your choice (maximum 2000 characters)
- Add to Cart Screen: your order is added to your cart once You have confirmed it
- You can then place another order by following the same steps. This order will also be added to your cart after confirmation
You should then accept these General Terms and Conditions of Sale in order to proceed to the payment phase. The General Terms and Conditions can be consulted at any time on the Website, and can be printed via the link entitled “General Terms and Conditions of Sale.” The General Terms and Conditions of Sale of the Website must be accepted for each order.
Several payment methods are available for You to pay for your order.
Once the order has gone through, ZEINBERG will send You a confirmation e-mail. Under certain circumstances, ZEINBERG reserves the right to refuse a client’s order. In particular, ZEINBERG may exercise this right when payment for a previous order has not been made and when a client’s solvency is not guaranteed.
The contract is deemed to have been concluded once written confirmation of the order is sent by ZEINBERG, or once ZEINBERG starts to send this confirmation. The total amount of the order is due immediately. The User is therefore under the obligation to make the payment.
The resale of products sent by ZEINBERG for commercial gain is not authorised.
- Payment Methods
Several payment methods are available for You to pay for your order on the Website:
- Credit card: Visa, Mastercard, American Express
One gift card may be used to pay for a number of orders. Gift cards cannot be exchanged or reimbursed.
- Security of Payments
Whatever payment method used, the banking transaction is carried out by Paypal.
In order to guarantee the security of online payments and the protection of your personal information, data related to the transaction are encrypted using SSL technology (Secure Socket Layer), which ensures the security of their transmission. Once You enter your bank or credit card details, they are encrypted under the Secure Sockets Layer protocol (commonly referred to as SSL).
The data transmitted when You enter your bank details (card number, expiry date and security code) are also encrypted, and under no circumstances are transmitted to ZEINBERG.
Data recorded by the Website constitute the proof of all of the transactions undertaken between ZEINBERG and its clients.
Data recorded by the Paypal system of payment constitute the proof of financial transactions.
- Delivery and retention of ownership
Treatment of Orders
You will receive your order at the address that You indicated, within a period of 15 business days following your order.
ZEINBERG delivers to Metropolitan France, Germany, Belgium, Switzerland, Great Britain, Spain, The Netherlands, Denmark, Sweden and Portugal.
Delivery will be made to the delivery address provided at the time of the order. You can provide a delivery address that is different to your billing address.
For logistical reasons, it is generally no longer possible to change the delivery address once the order has been confirmed. You may, however, contact us if You nevertheless wish to change the delivery address. We will check the status of your order and carry out the change if possible.
ZEINBERG agrees to deliver your photograph within the 21 days following your order.
All artworks ordered are generally sent in a single delivery, but split deliveries are authorised in principle. In this case, postage fees are not increased.
|Product||Zone 1 (FR)||Zone 2 (DE, BE, GB, ES, IT, NL)||Zone 3 (SE, DK, PT)|
|FRAMED 40x50||6,90 €||9,90 €||15,00 €|
|ALUMINIUM MOUNT 30x45||6,90 €||9,90 €||15,00 €|
|ALUMINIUM MOUNT 60x90||6,90 €||9,90 €||15,00 €|
|ALUMINIUM MOUNT 100x150||29,90 €||35,00 €||39,00 €|
Reception of the Delivery
In the event of complaints, all supporting documents that were part of the order must be sent to us. If these documents are not made available to us, immediate verification and processing of the complaint is not guaranteed.
If You are a registered trader, You should check the items immediately upon delivery in the context of normal business, and where applicable, send us your complaint in writing without delay; paragraph 377 of the German Commercial Code (HGB) applies without restriction.
Retention of Ownership
ZEINBERG retains full ownership of items sold until payment of the order has been carried out in full.
- Right of Return
In the event that the items received are not in accordance with the order, You have the right to return them. In this case, please contact our customer service as soon as You are able, who will indicate the address and the conditions of return.
In the event of exercise of the right of return, and only in this case, the costs of return and the new delivery are incumbent to ZEINBERG.
The User’s legal warranty remains unchanged.
- Right of Retraction
Please note that for artworks produced by the ZEINBERG photographic laboratory, as well as for artworks whose dimensions, finishes, improvements and arrangements of details were freely chosen, any right of retraction is excluded, since these artworks were produced individually according to your instructions and created in accordance with your personal needs.
- Customer Service and Complaints
For further information or for any questions You may have, please contact our customer service by email at the address firstname.lastname@example.org, or by telephone on +33 9 75 18 72 75.
We would be very happy to give You any information available about the status of your order, and to inform You about our products and services.
Section 3: LIABILITY
With the exception of loss of life, bodily injury, or impairment to health, as well as when there is a violation of fundamental contractual obligations (cardinal obligations), ZEINBERG shall only be liable for damages resulting from gross negligence or wilful misconduct.
Liability towards consumers, as defined by paragraph 13 of the German Civil Code (BGB), is accepted except for cases set out in paragraph 1, and is limited to foreseeable and typical damages at the time when the contract is concluded.
If the fundamental contractual obligations (cardinal obligations) are not respected, our liability for slight negligence is limited to foreseeable and typical damages for this type of contract.
Liability towards registered traders, as defined by paragraph 14 of the German Civil Code (BGB), is accepted and is limited to foreseeable and typical damages for this type of contact, with the exception of loss of life, bodily injury, or impairment to health, or damages resulting from gross negligence or wilful misconduct committed by ZEINBERG.
The limitation of liability mentioned in the preceding paragraphs also applies to employees and agents of ZEINBERG.
Liability by virtue of the Law on liability owing to defective products remains unmodified.
Section 4: PROTECTION OF PERSONAL INFORMATION
We use the personal information that You communicate to us (title, first and last names, postal address, e-mail address and telephone number, as well as any indication pertaining to payment) solely for the processing and dispatch of your order, as well as for sending notifications by e-mail in certain situations (such as for notifying the status of orders), in accordance with the provisions of German law on the protection of information. We also record the terms of the contract and send You the order information by e-mail.
You can check the status of your order at any time in your customer account, which You created when You placed your order. When You subscribe to the newsletter, your e-mail address is used for our advertising needs, until such time as You decide to unsubscribe. We wish to remind You that You may revoke the consent You gave in regards to the use of your e-mail address by ZEINBERG for advertising needs at any time and for future effect.
The personal information that You may, after registration, indicate, modify, or delete in the “My Customer Account” field (protected by a password) is exclusively used within the framework of the fulfilment of the agreement. Certain elements of personal information about You (title, first and last name, contact details) are made available to our logistics department for preparing the delivery of your order. No other communication of your data is made, except for the purposes of any legal or statutory obligation. The same principle applies to the personal information that You communicated to us during some form of contact with our services (by electronic means or in a form).
In order to guarantee You absolute security, all of the information pertaining to the payment (such as your bank details or the information pertaining to your credit card) is sent to our payment service provider, and is not retained by us. This information will be requested from You once again on any future orders.
Data pertaining to the images that You uploaded to the Website will under no circumstances be used by ZEINBERG for the purposes of advertising or any other use without your express permission. ZEINBERG agrees not to transmit your photographs to a third party, and to destroy the files 12 months after the order.
By virtue of German federal law on data protection, You also have the right of free information regarding the recorded data that concerns You, as well as the right of rectification, blockage or deletion of said data. In order to do so, You may simply use your customer account in the domain protected by a password, or directly contact our customer service at the following address email@example.com.
Section 5: INTELLECTUAL PROPERTY
The User certifies that they hold all necessary intellectual property rights in the images used in an order on the Website.
In this regard, ZEINBERG shall not be held liable for the copying, forgery, imitation, and more generally in the case of reproduction, or the whole or part use of images used by the User.
Section 6: APPLICABLE LAW / COMPETENT JURISDICTION
The implementation of the contract and the interpretation of these General Terms and Conditions of Sale are subject to the law of the Federal Republic of Germany, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
ZEINBERG agrees to respect all legal guarantees that the User may benefit from. The products and services that we propose comply with German legislation. We cannot be held responsible for the possible transgressions of laws of other countries.
If the User is a registered trader in the sense of the German Commercial Code (HGB), a legal person or a company governed by public law; if they are not outside the jurisdiction of an ordinary tribunal in the country, or if their usual place of residence is not known at the time of a lawsuit, the sole court of competent jurisdiction for all disputes arising from the contractual relationship or in relation to it, as well as the place of performance for payment, delivery and performance, is the ZEINBERG headquarters, in Munich.
Last updated: 24/03/2015