Terms of service
General Terms and Conditions for Services
~ § 1 General ~
In the following, the service provider Dipl. Des. Andre Janssen, resident in DE 50859 Cologne, Rosmarinweg 90 as "XNOXX - The Artfactory" bezeichnet.
The following General Terms and Conditions (GTC) are an integral part of any contract with "XNOXX - The Artfactory". Sale, delivery and performance shall be subject to the following terms and conditions only. Deviating terms and conditions of the national and international contract partners are not part of the contract. All illustrations, graphics and digital composings shown on this homepage (https://xnoxx.de) are considered intellectual property of André Janssen, residing in 50859 Cologne, Rosmarinweg 90. Any use and distribution of the contents of this site is prohibited. All gallery spaces shown here are from https://shutterstock.de or property of the operator of xnoxx.de
~ § 2 Offers, Conclusion of Contract ~
By placing an order with "XNOXX - The Artfactory" the customer accepts these terms and conditions for the duration of the entire business relationship. The offers of "XNOXX - The Artfactory" are subject to change and non-binding. Orders are placed in writing, by e-mail or by verbal agreement. Orders of the customer will be accepted by "XNOXX - The Artfactory" by written order confirmation via email or letter post. Internet orders (by e-mail/form sending) are also binding for the client without signature. Corrections and changes, as far as they do not exceed 10% of the pure development costs, are included in the all-inclusive offer prices. Should cost increases of more than 10% of the quotation amount occur until the execution of the order, the customer will be informed in due time. Only in this case the customer is granted the right to withdraw from an existing contract between him and "XNOXX - The Artfactory". After written order confirmation and with the start of work, an advance payment of 100% of the total order amount is due, unless otherwise agreed.
~ § 3 Acceptance ~
A possible acceptance is made in writing by a release note. If no detailed written notice of defects is received within a period of 14 days after delivery of the project results, the delivered project results shall be deemed accepted or released. Vacation periods do not interrupt these regulations. They must be announced by both parties in good time. A lead time of two weeks shall be considered as timely. Any complaints must be made immediately after receipt of the work results.
~ § 4 Delivery ~
Delivery dates require agreement. For the duration of the examination of drafts, demos, motives etc. by the client, the delivery time is interrupted in each case. The interruption is calculated from the day of notification of the client until the day of arrival of his statement. If the client requests changes to the order after the order has been placed, which affect the production time, the delivery time shall be extended accordingly. In the event of a delay in delivery, the client shall in any case only be entitled to exercise the rights to which he is entitled by law after setting a reasonable grace period of at least two weeks.
~ § 5 Terms of payment ~
Unless otherwise agreed, all invoices are due immediately without deduction. If the payment terms are exceeded, "XNOXX - The Artfactory" is entitled to exercise the statutory
~ § 6 Rights of third parties, data security and content ~
The customer indemnifies "XNOXX - The Artfactory" from all claims of third parties regarding data provided. The customer is obliged to respect the copyright and the rights of third parties regarding the data provided to "XNOXX - The Artfactory" and must have the permission to publish and/or change these data. The customer is obliged to make backup copies of all data he sends to "XNOXX - The Artfactory" - no matter in which form. "XNOXX - The Artfactory" is not liable for the loss or alteration of the data. The client is completely prohibited from using the services of "XNOXX - The Artfactory" for pornographic or other legally inadmissible content.
~ § 7 Confidentiality, Data Protection ~
The information provided to "XNOXX - The Artfactory" is considered non-confidential unless expressly agreed otherwise. As far as "XNOXX - The Artfactory" uses third parties to provide the offered services, it is entitled to disclose the customer data to the third party, if this is necessary for the contractual purposes.
~ § 8 Copyright, Rights of Use ~
For all works and designs created by "XNOXX - The Artfactory", rights of use are granted to the client to the respective extent. The copyright lies with "XNOXX - The Artfactory". It is not entitled, unless otherwise agreed, to use designs and works for self-promotion in any media. It is also not entitled to put a copyright notice on the created advertising material, unless otherwise agreed.
~ § 9 Performance, Liability, Compensation ~
The service of "XNOXX - The Artfactory" includes in the main the creation and delivery of gallery-quality pigment prints in limited edition. For projects that exceed a certain order volume or at the request of the customer, a preliminary proof is created for print products. This is not the case for small print runs. "XNOXX - The Artfactory" therefore assumes no liability for color deviations in the print result. By placing the order, the customer acknowledges that he accepts color deviations and that this is in no way related to the correct fulfillment of the order on the part of "XNOXX - The Artfactory".
~ § 10 Acceptance / withdrawal from the contract ~
If the customer withdraws from the contract or does not accept the finished products, he is in default of acceptance. In case of default of acceptance, "XNOXX - The Artfactory" shall be entitled to insist on performance of the contract or to claim damages for non-performance as a substitute. As compensation for damages "XNOXX - The Artfactory" may claim 75% of the offer price on which the order is based from the customer. In case of non-payment, "XNOXX - The Artfactory" reserves the right to take legal action.
~ § 11 Place of performance and jurisdiction ~
In business transactions with merchants and with legal entities under public law, Cologne is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks.
~ § 12 Retention of Title / Rights of Use ~
The copyright for published objects created by "XNOXX - The Artfactory" (manuscripts, concepts, manuals, printed matter, websites, graphics, illustrations, etc.) shall remain solely with "XNOXX - The Artfactory". Unless otherwise agreed, the client receives the agreed rights of use for the created objects upon full payment. Any reproduction or use of such objects in other electronic or printed publications, in particular on other websites, is not permitted.
~ § 13 Severability clause ~
If these terms and conditions contain an invalid provision, all other provisions shall nevertheless apply. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the relevant wording.
Cologne, January 2021