General Terms & Conditions

Status: 2022-03-01 

Conditions 

1.

This website «the art of joao» and/or the services, including all related mobile applications and all offers and sales of products through the site, is the property of Jean-François Schafroth and is operated by it (hereinafter also referred to as us). These Terms and Conditions set out the conditions under which Visitors or Users may visit or use the Site and/or the Services and purchase Products. 

2.

By accessing or using the Services, you agree to be bound by and agree to the Terms. If you do not agree to all of the terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site, using the Services or purchasing products. In these terms you will learn who we are, how we sell products to you, how to withdraw from the purchase contract and what you can do in case of problems. 

3. 

You represent and warrant that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you will need permission from your parent or legal guardian to use the Services or purchase products.

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Purchase of products 

1. The purchase of products is subject to the conditions in force at the time. 

2. When you purchase a Product: you are responsible for reading the item description in full before making a binding purchase of it, and the completion of an order on the Site (by completing a payment process via the "Order for a fee" button or a similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms and Conditions provide otherwise. 

3. By clicking on the corresponding button, you can select products from our product selection and add them to the shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you pay, you will be shown an overview of all products that you have placed in the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable value added tax (VAT) /Value Added Tax (VAT) and shipping costs. On the payment page, you also have the option to check the products and quantities and, if necessary, to change, remove or correct them. You can also use the processing function to detect and correct any input errors before placing your final binding order. All stated delivery periods are valid from receipt of your payment of the purchase price. If you click on the button "Order for a fee", you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the order process via the button "Order for a fee", you must first accept these terms and conditions as legally binding for your order by ticking the appropriate box. 

4. We will then send you an acknowledgment of receipt for your order by e-mail, in which your order will be listed again and which you can then print out or save via the corresponding function. Please note that this is an automatic notification that only proves that we have received your order. It does not indicate that we have accepted your order. 

5. The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method – and you choose this payment method for your order – where a payment transaction is initiated immediately upon submission of your order (e.B. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above via the button "Order for a fee". 

6. The purchase contract can be concluded in [German]. After conclusion of the contract, the terms of the contract will be stored with us, you will then no longer have access to them. 

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Withdrawal 

If you have purchased one or more Products through the Site or Services that will be shipped in a delivery, the following instructions will inform you of your right of withdrawal: 

You can revoke this contract within 14 days without giving reasons. 

The withdrawal period expires after 14 days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods. In order to exercise your right of withdrawal, you must provide us with the following information: 

Name of the WebShop where you shopped Your name, phone number, email address, home address and delivery address. 

You must inform us of your decision to withdraw from this contract by means of an unambiguous declaration (e.B a letter by post or e-mail). 

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Warranty for products 

We are liable in accordance with the statutory warranty provisions for quality defects and/or defects of title of the products you purchase from us. 

Storage of online payment details 

You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.B. PCI, DSS). You can identify your saved card by its last four digits. 

Vouchers, gift cards and other offers 

For our products, vouchers, gift cards or discounts and other offers are available from time to time. Such offers are only valid for the period specified in this offer. Offers may not be transmitted, modified, sold, exchanged, duplicated or distributed without our express written permission. 

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Account 

1. To access and use certain areas and features of our Site, you must first log in and create an account (Member Account). You must provide accurate and complete information when registering your member account. 

2. If someone other than yourself accesses your member account and/or your settings, they can perform all the actions available to you and, for example make changes to your member account. Therefore, we strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been carried out on your behalf and on your behalf, and you may be solely responsible for any activities that occur under your Member Account, whether or not expressly authorized by you, and for any damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by disregarding reasonable care in protecting your login details. 

3. You can create and access your member account through a dedicated website or through a third-party platform such as Facebook. When you log in through an account on a third-party platform, you hereby grant us access to certain information about you stored in your social network account. 

4. We may permanently or temporarily suspend or suspend your access to the Member Account, without any liability on your part, to protect us, our Site and our Services or other users if, for example, you violate any provision of these Terms or any applicable law or regulation relating to your use of the Site or your Member Account. This may be done without notice if the circumstances require immediate action; in this case, we will inform you as soon as possible. In addition, we reserve the right to terminate the Member Account by e-mail with a two-month notice period, for example, if we discontinue our Member Account Program. You can stop using it at any time and request the deletion of your member account by contacting us. 

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Permitted use 

1. Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws. 

2. Except as expressly permitted by these Terms, it is not permitted to: use our Services in an unlawful or fraudulent manner (including violation of the rights of third parties) or for purposes to collect personal information or impersonate other users; modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of content, or take action to disrupt, damage or interrupt any part of our services; use our Services to send, receive, upload/post, download material that does not meet our content standards; use our Services to transmit or enable the transmission of unsolicited or unauthorized advertising or promotional material; use our Services to transfer data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code designed to interfere with the operation of computer software or hardware; Use robots, spiders, other automatic devices, or manual procedures to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; engage in any conduct that restricts or prevents other users from using our Services, or use our Services for commercial purposes or in connection with any commercial activity performed without our prior written consent. You agree to cooperate fully with us in investigating any activity that is suspected or actually in violation of these Terms. 

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Intellectual Property Rights 

1. Our Services and related content (and any derivative works or enhancements thereto), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, interactive features and all intellectual property rights therein, are either in our owned or licensed by us (collectively, our intellectual property rights) and none of the wording in these Terms grants you any rights in connection with our intellectual property rights. Except as expressly provided herein or required by mandatory law to use the Services, you do not acquire any right, title or interest in our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved. 

2. If the Products include digital content, such as music or video, you will be granted the rights as set forth in relation to such content on the Site.

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Disclaimer of Warranties for Use of the Site and Services 

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the safety, reliability, timeliness, accuracy and performance of our Services, including) – except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided without interruption and error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for products that you provide to us as set out in the "Warranty for Products" section above remains unaffected. 

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Exemption 

You agree to defend and indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with your use of the Site and the Services in violation of these Terms, including, without limitation, any use that violates the limitations and requirements set forth in the "Permitted Use" section. unless these circumstances are not due to your fault. 

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Limitation 

1. We shall only be liable for intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A "material contractual obligation" means an obligation the performance of which is a prerequisite for the proper implementation of the Agreement and on which you can normally rely and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected. 

2. The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability arising from tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, executive employees or other legal representatives, employees and vicarious agents. 

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Modification of the Terms and the Services; Attitude 

We reserve the right to change these Terms from time to time in our sole discretion to reflect changes in the law or additional features we may introduce, or if we otherwise develop our business. Therefore, you should read these terms and conditions regularly and in any case during the checkout process when you purchase products. The new terms will apply to any new order you place after the effective date of the new terms. Where ongoing services you use are affected by the changes to the Terms, we will take due account of your legitimate interests. We will notify you of such changes well in advance. The changes will be deemed accepted by you if you do not object to these changes within two months of this notice. We will inform you of this in our communication. If you object to the changes, we have a special right of termination – without any further obligations to you – which will take effect on the effective date of the changes. We may modify the Services, discontinue the provision of the Services or one or more features of the Services offered, or restrict the Services. We may terminate or suspend access to the Services themselves permanently or temporarily, without cause and without further obligation. We will, where possible in the circumstances, notify you well in advance and take due account of your legitimate interests in such actions. 

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Links to third-party websites 

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the Linked Sites are not under our control and we are not responsible for the content of any Linked Sites, for any links contained on a Linked Site, or for any changes or updates to such Sites. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content. 

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Applicable law 

(1) These conditions are governed by the laws of the country of residence of the operator – Portugal 

(without regard to the conflict of law provisions) and shall be interpreted accordingly. 

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies. 

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MISCELLANEOUS 

(1) A waiver by either party of any breach or delay under these Terms shall not constitute a waiver of any prior or subsequent breach or delay. 

(2) The headings used in these conditions are for the sake of better understanding only, they are not to be attributed any legal significance. 

(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms will be deleted, and the remaining Terms shall remain unaffected and fully effective. 

(4) Without our prior written consent, you may not assign your agreement with us under these Terms or any or part of your contractual rights or obligations. 

(5) These Terms constitute the entire Agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products. 

(6) The provisions of these Terms, which by their nature are intended to survive such action on our part, shall survive, in particular with regard to provisions relating to indemnification, indemnification, exclusions of liability, limitations of liability and this section "Miscellaneous". 

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To contact us: 

L'ATELIER GALERIA

the art of joão

Jean-François Schafroth 

Estrada da Gralha 12A 

2460-687 Sao Martinho do Porto, Portugal 

E-mail: the.art.of.joao@gmail.com

Phone: +351 913 273 475

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