GENERAL TERMS AND CONDITIONS

Please read these terms and conditions carefully before accessing our website, using our services, or purchasing designs.

In these terms and conditions, you will learn who we are, how we sell our designs to you, and what you
can do in case of any problems.

Caleya Designstudio is a studio that creates ready-made print designs and sells them to customers worldwide.

Clauses deviating from these general conditions, such as contrary general terms and conditions of the customer, become binding only by means of an explicit written confirmation from the Design Studio.

Terms

This website „www.caleyadesign.de" and/or the services, including all associated mobile applications and all offers and sales of designs ("digital content - downloads") through the website, is owned and operated by [ Caleya Designstudio, Inh. Karolin Sobe, Stadtgutstraße 9, 08412 Werdau, Deutschland ]. These Terms set forth the terms and conditions under which you may use our website and services and purchase designs.
By clicking to accept these Terms and Conditions you agree to be bound by these Terms and Conditions, and you confirm that you have authority to bind any business on whose behalf you use the Site.
You 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 conditions and to use the services and purchase designs.
You may only access and use the website in accordance with these Terms and Conditions.
If you do not agree with any of these conditions, you are prohibited from using or accessing this website.
The design studio may change the website or individual pages of the website at any time, including the availability of any feature, database, or content. The Design Studio may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. The Design Studio may perform maintenance on the website at any time that may result in service interruptions, delays or errors. The Design Studio will not be liable for any such interruptions, delays or errors.

Membership account

To access certain areas and functions of our website, you must first log in and create an account ('membership account’). You must provide accurate and complete information when registering your membership account. This involves providing the Designstudio with some compulsory personal information which must be validated by the Designstudio. Please read the Designstudio’s privacy policy for more information on how your personal information will be used.
The Designstudio reserves the right at its sole discretion to decline a new account registration or to suspend or terminate your account at any time. The Designstudio will contact you by email to notify you whether or not your account has been activated.
By registering on our website, you confirm that the details provided by you on registration, or at any time, are correct and complete.
If someone other than yourself accesses your membership account and/or settings, they will have access to all actions available to you and can make changes to your membership account, for example. Therefore, we strongly advise you to keep the login details for your membership account secure.
Such activities are assumed to have been carried out by you and on your behalf, and you alone may be held responsible for any activities that occur under your membership account - whether or not they were expressly authorized by you - as well as for any damages, expenses, and losses that arise from such activities. You will be held liable for activities related to your membership account in the manner described if you have negligently allowed the use of your membership account by disregarding reasonable care in protecting your login credentials.
We may permanently or temporarily block or suspend your access to the membership account without any liability on your part, to protect ourselves, our website and our services, or other users, if you violate provisions of these terms or applicable laws or regulations in connection with your use of the website or your membership account, for example. This may be done without prior notice if circumstances require immediate action, in which case we will inform you as soon as possible. Furthermore, we reserve the right to terminate your membership account by email, with a two-month notice period, if we discontinue our membership account program, for example. You may terminate the use and request the deletion of your membership account at any time by contacting us.

Purchasing a design

The purchase of designs is subject to the terms and conditions in effect at the time of purchase.
When you purchasing a design: (i) you are responsible for reading the full item listing before making a commitment to buy it, and (ii) completing an order on the website (by completing a payment transaction through the "Buy Now" button or a similar button) may constitute a legally binding contract for the purchase of the corresponding design, unless these terms state otherwise.
You can select designs from our design collection and add them to your cart with just one click on the corresponding button. Our prices are listed on the website and can be viewed after logging in or registering. We reserve the right to change our prices at any time and to correct any unintentional price errors. These changes do not affect the price for designs that you have purchased prior to the change. When making payment, you will see a summary of all the designs that you have added to your cart. The summary includes essential information about the design and the total price for all designs. On the payment page, you also have the option to review and remove designs if necessary. By clicking the "Place Order" button, you give a binding order to purchase the listed designs at the stated price. To complete the ordering process via the "Place Order" button, you must acknowledge these terms as legally binding for your order by clicking the corresponding checkbox.
After placing an order, the design studio will send you a confirmation email for your order, which lists your order again and which you can print or save using the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
The legally binding agreement for the purchase of the design(s) is only concluded when the design studio sends you an acceptance declaration by email. We reserve the right to not 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 process is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed concluded when you initiate the ordering process, as described above, by clicking the "Place Order" button.
After payment has been made, the design studio will grant you access rights to the high-resolution file for each design specified in your order. The customer will receive a link from the design studio through which the corresponding high-resolution file in PSD, TIFF or AI, EPS format can be downloaded. This can be done through the design studio's website system or through an online service provider such as WeTransfer.
The purchase agreement can be concluded in [German] language. After conclusion of the contract, the contract terms will be stored by us.

Rights of use

After the purchase contract for a design has been completed, the customer receives the sole, non-exclusive right of use. This means, among other things, that he can recolour, alter and reproduce the design as often as desired without restrictions in terms of time and space.
Can use, copy and modify the Design in any format.
To reproduce the Design on products with no restrictions on the quantity of reproductions.
To reproduce the Design in any advertising or promotional material relating to the Licensed Products.
The customer may not transfer the design to third parties without the consent of the Design Studio. Therefore, if a licensee of the customer wishes to use the design itself, the customer agrees to inform the licensee that he has to buy the design again from the Design Studio.
In respect of each Sale Contract, you acknowledge and agree that the exercise of the licence granted to you is subject to all applicable laws, and you understand and agree that you will at all times be solely liable and responsible for such due observance and performance.
The Designstudio will not sell the design to any other customer. From this moment forward, it is considered “sold out”.
The Design Studio retains the exclusive rights of use to the design, which means that the Design Studio can continue to use the design for its own marketing purposes.
The Design Studio affirms that the design does not infringe on the copyrights of other designers, photographers, illustrators or similar persons. As a general rule, all elements used within the design are created by the Designstudio itself, but there may be license-free elements in the design. These will be marked accordingly by the Design Studio. No further representation beyond this assurance can be given concerning the novelty or distinctive nature of the concepts underlying the design or the legal effectiveness or validity of the design’s proprietary rights.

Description ans prices of the designs

The design studio cannot guarantee that the color display on your monitor accurately reflects the colors contained in the designs (in high resolution).
The prices of the Designs are exclusive of VAT, sales tax and other similar taxes. (According to §19 of the German Value Added Tax Act (UStG), no value-added tax is charged.)
You must pay in the currency stated on the Site.
You must make all payments in full without set-off, deduction, counter-claim or withholding.
Prices for Designs may change from time to time, but changes will not affect any order you have already placed.

Intellectual property rights

Our services and related content (and all derivative works or improvements thereof), particularly with respect to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, designs, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (together, "our intellectual property rights"), and none of the provisions in these terms grants you any rights with respect to our intellectual property rights. Unless expressly set forth herein or required by mandatory law for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.
If the products include digital content, you will be granted the rights as set forth with respect to such content on the website.

Disclaimer of warranties for the use of the site and services

The services, our intellectual property rights, and all information, materials, and content provided in connection with them and made available to users free of charge are provided without warranty of any kind, express or implied (including warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy, and performance of our services, among others) and without any guarantee of freedom from defects or availability, except in cases of malicious nondisclosure of defects. We do not guarantee that free services will be provided uninterrupted 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.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all claims, demands, suits, actions, damages, liabilities, losses, fines, penalties, expenses (including reasonable attorneys' fees, court costs, and other dispute resolution expenses), arising out of or in connection with your use of the Website and Services, and any violation of these terms and conditions, including but not limited to any use that violates the restrictions and requirements set forth in the "Usage Rights" section, unless such circumstances are not attributable to your fault.

Liability

You acknowledge that the website is made available free of charge, and that use of the website is entirely at your own risk.

To the maximum extent permitted by law the Designstudio hereby excludes all warranties and representations of any kind, express or implied, regarding the webite, including warranties and representations for the following points: reliability, suitability, quality, truthfulness, usefulness, or effectiveness of the website; that the website will meet your requirements; that the website will function uninterrupted or error-free; that the website is secure, free from attack, interference, hacking or other security intrusion, or other harmful components.

The Designstudio assumes no liability for possible technical malfunctions with respect to the design download. The customer is obliged to have functioning and sufficient equipment to download designs of up to 1GB.

The Designstudio undertakes to promptly remedy any technical malfunctions that occur on the website.

The Designstudio shall not be liable if the customer is unable to download their design within 48 hours due to technical malfunctions on the website.

The customer is obliged to check the purchased design for its functionality, reliability, feasibility, and marketability within a reasonable period before use and before passing it on to printers, whether for sample prints, sample collections, or actual production. The choice of the material on which the design will be printed lies with the customer. The Designstudio assumes no liability for possible errors in production, errors in the pattern repeat and/or undesired results. The main focus of the services to be provided by the Designstudio is in the field of design.

The Designstudio assumes no liability, obligation, or responsibility with respect to
(a) lost profits and commercial success
(b) Loss of revenue, income, business or opportunity
(c) Loss of expected savings
(d) Loss or damage of reputation or company value
(e) Loss of use or damage to software, data, or information.

Modification of the terms and services; Termination

We reserve the right to modify these terms and conditions at our sole discretion from time to time, to account for changes in laws or the introduction of additional features that we may introduce, or if we otherwise develop our business. Therefore, you should review these terms and conditions regularly and in any event, during the checkout process when purchasing designs. The new terms and conditions will apply to any new order you place after the date of the new terms coming into effect. For orders that you have submitted prior to the change, no changes shall apply. Your continued use of the Site indicates your acceptance of such changes. You are advised to check these Terms and Conditions from time to time for any changes that may affect you.

We may modify the Services, discontinue the provision of the Services or one or more features offered through the Services, or restrict the Services. We may permanently or temporarily terminate or suspend access to the Services themselves, without reason and without further obligation. We will notify you in a timely manner if possible and take into account your legitimate interests when taking such measures.

Links to third-party websites

The website may contain links that allow you to leave the site. Unless otherwise indicated, the linked pages are not under our control, and we are not responsible for the content of linked pages, links contained on a linked page, or changes and updates to such pages. 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 content.

Applicable law and miscellaneous

These terms are governed by the laws of [the Federal Republic of Germany] (without giving effect to its conflict of laws provisions) and shall be construed accordingly.
A waiver by either party of a breach or default under these terms shall not constitute a waiver of any preceding or subsequent breach or default.
The headings used in these terms are for convenience only and have no legal or contractual effect.
Unless expressly stated otherwise, if any portion of these terms is deemed unlawful or unenforceable for any reason, it is agreed that such portion shall be struck and the remaining provisions shall be unaffected and remain in full force and effect.
You may not assign your agreement with us under these terms, or any part of your contractual rights or obligations, without our prior written consent.
The provisions of these Terms that by their nature should survive such termination shall survive, including but not limited to provisions regarding indemnification, disclaimers, limitations of liability, and this section "Miscellaneous".

Contact

To contact us, please send an email to:

Name: Karolin Sobe

Anschrift: Weberstarße 27, 08412 Werdau

E-Mail: info@caleyadesign.de