Terms and Conditions and Privacy Policy

Terms and Conditions

Status: [03/13/21]

These conditions
(1) This website (the "Site") and / or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, are owned by Lia Mara Art, represented by Charis Ringland, and is operated by the latter (hereinafter also: "we", "us" and "our"). These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “User” or “You”) may visit or use the Site and / or the Services and purchase products.
(2) By accessing or using the services, you declare that you agree to the terms and conditions and agree to them in a binding manner. 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. These terms and conditions tell you who we are, how we sell products to you, how you can withdraw from the sales contract and what you can do in the event of problems.
(3) You affirm that you are of legal age and have the legal authority, the right and the freedom to enter into a binding agreement on the basis of these terms and conditions and to use the services and purchase products. If you are a minor, you will need parental or legal guardian approval to use the Services or purchase products.

Purchase of products

(1) The purchase of products is subject to the conditions applicable at the time.

(2) When you buy a product: (i) you are responsible for reading the item description in full before making a binding purchase, and (ii) completing an order on the site (by completing a checkout process using the “Paid order ”or a similar button) can represent a legally binding contract for the purchase of the corresponding product, unless the present conditions provide otherwise.

(3) By clicking on the corresponding button, you can select products from our product range and place them in 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 price errors. These changes do not affect the price of products that you have previously purchased. When paying, you will be shown an overview of all the products that you have placed in the shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT) / value added tax (VAT) and, if applicable, the shipping costs. On the payment page you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All specified delivery times apply from receipt of your payment of the purchase price. If you click on the button "Order for a fee", you are placing a binding order to purchase the listed products at the stated price and at the stated shipping costs. To complete the ordering process using the “Order for a fee” button, you must first acknowledge these terms and conditions as legally binding for your order by ticking the appropriate box.

(4) We will then send you an e-mail confirmation of receipt of your order, in which your order is listed again and which you can then print out or save using 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 email or send the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you choose this payment method for your order - in which 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 to have been concluded when you have initiated the ordering process, as described above, using the "Order for a fee" button.

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

Right of withdrawal

(1. Physical Products not made after customer's specification) If you purchase one or more products through the Site or Services that are sent in one delivery, the following instructions on the right of withdrawal apply.

You can cancel this contract within 14 days without giving a reason.

The withdrawal period expires 14 days after the conclusion of the contract.

In order to exercise your right of withdrawal, you must contact us

Lia Mara Art, owner Charis Ringland,

Telephone number: 06852/9038629,

Email address: info@liamaraart.com

to inform about your decision to withdraw from this contract by means of an unambiguous declaration (a letter by email).

If you make use of this option, we will send you a confirmation of receipt of this revocation via a permanent medium (by email).

In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you cancel this contract, we will reimburse you - without undue delay, but in any case no more than 14 days after receipt of the notification of your cancellation - all payments already received from you. We will issue such a refund using the same method of payment that you used for the original transaction, unless you have expressly authorised otherwise; in any event, you will not incur any fees for such a refund.

If the desired start of the service is within the withdrawal period (this also applies to custom-made products, including commissioned artwork), you must pay us an appropriate amount, which corresponds to the proportion of the services already provided (in relation to the total scope of the services provided in the agreement) at the time you informed us about your decision to exercise your right of withdrawal in relation to this agreement. If you are interested in commissioning artwork from Lia Mara Art, please read the full terms and conditions for commissioned work.

Expiry of the withdrawal period

(1) The right of withdrawal expires in the case of contracts for the provision of services, including commissioned artwork, if we have provided the contractually agreed services in full and have only started providing the services after you have expressly consented to this and at the same time confirmed that you know that your right of withdrawal expires as soon as we have provided our services in full.

(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not absolutely necessary.

Withdrawal form

(Only fill out and return this form if you want to cancel the contract)

- To Lia Mara Art, Charis Ringland, Römerstraße 17, 66625 Nohfelden), telephone number: 06852/9038629, email address: info@liamaraart.com

- I / we (*) hereby inform you that I / we (*) revoke my / our (*) contract for the provision of the following services

- Ordered on (*) / received on (*)

- Name of the customer (s)

- Address of the customer (s)

- Signature of the customer (s) (only if this form is sent in paper form)

- date

_______________

(*) Delete what does not apply.

(2. Digital Products) If you purchase one or more products through the Site or the Services that consists of digital content that is not supplied on a physical medium (e.g. downloads of art prints), the following apply Conditions for the right of withdrawal:

Under the conditions of Section 356 (5) of the German Civil Code (BGB), your right of withdrawal for digital products expire if we have started executing the contract after the consumer has expressly agreed that the entrepreneur will begin executing the contract before the withdrawal period has expired, and has confirmed their knowledge that they lose their right of withdrawal by giving their consent at the beginning of the execution of the contract. By clicking the opt-in box at the end of the purchase process for one of our digital products, we will clarify this to you and you expressly consent to the execution of the contract before the expiry of the cancellation period and have taken note of the fact that the right of cancellation is valid from the start of the execution of the contract goes out.

Warranty for products

In accordance with the statutory warranty provisions, we are liable for quality defects and / or legal defects in the products that you buy from us.

Storage of online payment details

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

Vouchers, gift cards and other offers

Vouchers, gift cards or discounts and other offers are available from time to time for our products (“Offers”). Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written consent.

Permitted use

(1) Our services are made available to you for information purposes and only for private, non-commercial use. When using our services, you must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these Terms, it is not permitted: (i) to use our services in an unlawful or fraudulent manner (including infringing the rights of third parties) or for the purpose of collecting personal data or posing as other users spend; (ii) change or use our notices of copyrights, trademarks or other proprietary rights or interfere with the security-related functions of our services; (iii) use our services in any way to manipulate or falsify content or undermine the integrity and correctness of content, or take action to disrupt, damage or interrupt parts of our services; (iv) use our services to send, receive, upload / post, download material that does not meet our content standards; (v) use our services to transmit unsolicited or unauthorized advertising or promotional material or to enable the transmission thereof; (vi) use our services to transmit data or upload data to our services that contains viruses, trojans, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code that may cause the operation of computer software or hardware should affect; (vii) Use robots, spiders, other automatic devices or manual processes 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 to obtain usage data to extract our services; (viii) engage in behavior that restricts or prevents other users from using our services, or (ix) using our services for commercial purposes or in connection with a commercial activity carried out without our prior written consent. You agree to cooperate fully with us in investigating any activity that allegedly or actually violates these terms and conditions.

Intellectual property rights

(1) Our services and associated content (and all derivative works or improvements thereof), in particular with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , Products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights thereto, are either owned or licensed by us (collectively: "our intellectual property rights") and none of the wordings in these terms gives you rights related to our intellectual property rights. Unless expressly stated here or required by mandatory statutory provisions for the use of the services, you acquire no rights, claims or interests in our intellectual property rights. All rights not expressly granted in these conditions are expressly reserved.

(2) If the products include digital content, such as digital downloads of art prints, you are granted the rights as set out in relation to such content on the site.

Disclaimer of Warranties for Use of the Site and Services

The services, our intellectual property rights and all information, materials and content that are made available in connection therewith and made available to users free of charge are provided without guarantee of defects and availability and without guarantees of any kind, express or tacit (guarantees of suitability for a specific purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our services, among others) provided - with the exception of cases of malicious failure to disclose defects. We do not guarantee that free services will be provided without interruption or error, 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. This does not affect the warranty for products that you have specified with us as described in the "Warranty for products" section above.

Exemption

You agree to defend us and hold us harmless from and against all actual or alleged claims, claims for damages, costs, liabilities and expenses (especially reasonable attorney fees) arising out of or in connection with your use of the Website and the Services in breach of these terms and conditions, including in particular any use that violates the restrictions and requirements set out in the "Permitted Use" section, unless these circumstances are not attributable to you.

Limitation of Liability

(1) We are only liable in the event of willful intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. A “material contractual obligation” means an obligation that you must meet in order to properly implement the Agreement and which you can normally and reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of 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 wasted expenditure) and non-contractual liability (including liability for tort) as well as for liability arising from transactions before the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.

Change of Terms and Services; attitude
We reserve the right to change these terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce or as we otherwise develop our business. You should therefore read these terms and conditions regularly and in any case during the checkout process when purchasing products. The new terms will apply to any new order you place after the effective date of the new terms. If the ongoing services you use are affected by the changes in the conditions, we will take appropriate account of your legitimate interests. We will inform you of such changes in good time in advance. The changes are deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our message. 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 date the changes come into force.
We can change the services, discontinue the provision of the services or one or more functions of the offered services or limit the services. We can terminate or suspend access to the services ourselves permanently or temporarily - without giving reasons and without further obligations. If this is possible under the given circumstances, we will inform you in good time in advance and take your legitimate interests into account when taking such measures.

Links to third party websites

The services may contain links that you can use 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 site, any links contained on any linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any 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.

Applicable Law

(1) These conditions are subject to the laws of the [Federal Republic of Germany] (without taking into account the conflict of laws provisions) and are to be interpreted accordingly.

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

Miscellaneous

(1) A waiver by one of the parties with regard to a breach or delay under these terms and conditions does not constitute a waiver for previous or subsequent breaches or delays.

(2) The headings used in these terms and conditions are only for better understanding, they are not given any legal meaning.

(3) Unless otherwise expressly stated, if any part of these terms and conditions is deemed illegal or unenforceable for any reason, it is agreed that this part of the terms and conditions will be deleted and the remaining terms and conditions will remain unaffected and in full effect.

(4) Without our prior written consent, you can neither assign your agreement with us under these terms and conditions nor all or part of your contractual rights or obligations.

(5) These terms and conditions 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 conditions, which due to their nature are intended to outlast such an act on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnities, exclusions of liability, limitations of liability and this section "Miscellaneous".

Contact

To contact us, please send an email to:

Name: Lia Mara Art; Charis Ringland

Address: Römerstrasse 17, 66625 Nohfelden, Germany

Email address: info@liamaraart.com

Privacy Policy

Status: 29.10.2020

Introduction

We ("we", "us", "our") take the protection of the data of the users ("users" or "you") of our website and / or our mobile app (the "website" or the " Mobile app ”) and we undertake to protect the information that users provide to us in connection with the use of our website and / or our mobile app (collectively:“ digital assets ”). Furthermore, we undertake to protect and use your data in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through your use of our digital assets (the "Services") when you access the Services through your devices.

Please read the privacy policy carefully and make sure you fully understand our practices in relation to your data before using our services. If you have read this policy, fully understood it and do not agree with our approach, you must stop using our digital assets and services. By using our services, you accept the terms of this privacy policy. Further use of the services constitutes your acceptance of this privacy policy and all changes to it.

In this privacy policy you will find out:

How we collect data
What data we collect
Why we collect this data
Who we pass the data on to
Where the data is stored
How long the data will be kept
How we protect the data
How we deal with minors
Updates or changes to the privacy policy

What data do we collect?

Below is an overview of the data we can collect:

Unidentified and unidentifiable information that you provide during the registration process or that is collected through the use of our services ("non-personal data"). Non-personal data does not allow any conclusions to be drawn about who collected it. Non-personal information that we collect consists primarily of technical and aggregate usage information.
Individually identifiable information, i.e. all those through which you can be identified or could be identified with reasonable effort (“personal data”). The personal information we collect through our services may include information that is requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses, and more. If we combine personal data with non-personal data, we will treat these as personal data as long as they exist in combination.

How do we collect data?
Below are the main methods we use to collect data:

We collect data when you use our services. So when you visit our digital assets and use services, we can collect, record and store the usage, sessions and related information.
We collect data that you provide to us yourself, for example when you contact us directly via a communication channel (e.g. an email with a comment or feedback).
We may collect data from third party sources as described below.
We collect data that you provide to us when you log into our services via a third party provider such as Facebook or Google.

Why do we collect this data?
We can use your data for the following purposes:

to provide and operate our services;
to develop, customise and improve our services;
to respond to your feedback, inquiries and requests and offer help;
to analyse requirement and usage patterns;
for other internal, statistical and research purposes;
to improve our data security and fraud prevention capabilities;
to investigate violations and to enforce our terms and conditions and to comply with applicable law, regulations or government orders;
to provide you with updates, news, promotional materials and other information related to our services. In the case of promotional emails, you can decide for yourself whether you want to continue receiving them. If not, just click the unsubscribe link in those emails.

Who do we share this data with?
We can pass on your data to our service providers in order to operate our services (e.g. storage of data via third-party hosting services, provision of technical support, etc.).

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent or take action against illegal activities or other misconduct; (ii) to establish or exercise our rights of defense; (iii) to protect our rights, property, or personal safety, and the safety of our users or the public; (iv) in the event of a change of control at us or at one of our affiliated companies (by way of a merger, acquisition or purchase of (essentially) all assets, etc.); (v) to collect, hold and / or manage your data using authorized third-party providers (e.g. cloud service providers), insofar as this is appropriate for business purposes; (vi) to work with third parties to improve your user experience. To avoid misunderstandings, we would like to point out that we can transfer or pass on or otherwise use non-personal data to third parties at our own discretion.

Cookies and Similar Technologies

When you visit or access our services, we authorize third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analysis services (“tracking technologies”). These tracking technologies can enable third parties to automatically collect your data in order to improve the navigation experience on our digital assets, to optimize their performance and to ensure a tailor-made user experience, as well as for security and fraud prevention purposes.

To find out more, please read our Cookie Policy.

We may serve advertising through our services and our digital assets (including websites and applications that use our services) that may also be tailored to you, such as: Ads based on your recent browsing habits on websites, devices or browsers.

To serve these advertisements to you, we may use cookies and / or JavaScript and / or web beacons (including clear GIFs) and / or HTML5 local storage and / or other technologies. We can also use third parties, such as Network advertisers (i.e. third parties who show advertisements based on your website visits) to serve targeted advertisements. Third-party advertising network providers, advertisers, sponsors and / or website traffic measurement services may also use cookies and / or JavaScript and / or web beacons (including clear GIFs) and / or Flash cookies and / or other technologies to measure the effectiveness of your ads and tailor advertising content for you. These third-party cookies and other technologies are subject to the specific privacy policy of the respective third party and not this one.

Where do we store the data?
Non-personal data
Please note that our companies, as well as our trusted partners and service providers, are located around the world. For the purposes outlined in this privacy policy, we store and process all non-personal data that we collect in different legal systems.

Personal data
Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and to the extent necessary for the proper provision of our services and / or required by law (as further explained below) in other jurisdictions.

How long will the data be kept?
Please note that we keep the collected data for as long as is necessary to provide our services, to comply with our legal and contractual obligations to you, to resolve disputes and to enforce our agreements.
We can correct, supplement or delete incorrect or incomplete data at our own discretion at any time.

How do we protect the data?
The hosting service for our digital assets provides us with the online platform through which we can offer you our services. Your data can be stored via the data storage, databases and general applications of our hosting provider. It stores your data on secure servers behind a firewall and offers secure HTTPS access to most areas of its services.

All payment options offered by us and our hosting provider for our digital assets comply with the regulations of the PCI-DSS (data security standard of the credit card industry) of the PCI Security Standards Council. This is a collaboration between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help to ensure the secure handling of credit card data (including physical, electronic and procedural measures) by our shop and the service providers.

Regardless of the measures and efforts taken by us and our hosting provider, we cannot and will not guarantee the absolute protection and security of the data that you upload, publish or otherwise pass on to us or others.
For this reason, we would like to ask you to set secure passwords and, if possible, not to provide us or others with confidential information, the disclosure of which, in your opinion, could seriously or permanently harm you. Since e-mail and instant messaging are not considered secure forms of communication, we also ask you not to pass on any confidential information via any of these communication channels.

How do we deal with minors?
The services are not intended for users who have not yet reached the legal age of majority. We will not knowingly collect information from children. If you are under the age of majority, you should not download or use the Services or provide any information to us.

We reserve the right to request proof of age at any time so that we can verify if minors are using our services. In the event that we become aware that a minor is using our services, we can prohibit these users from accessing our services and block them, and we can delete all data stored by us about this user. If you have reason to believe that a minor has passed on data to us, please contact us as explained below.

We will only use your personal data for the purposes set out in the privacy policy and only if we are satisfied that:

the use of your personal data is necessary to perform or conclude a contract (e.g. to provide you with the services yourself or to provide customer service or technical support);
the use of your personal data is necessary to comply with relevant legal or regulatory obligations, or
the use of your personal data is necessary to support our legitimate business interests (provided that this is done at all times in a manner that is proportionate and respects your data protection rights).

As an EU resident you can:

request confirmation as to whether or not personal data relating to you is being processed and request access to your stored personal data and certain additional information;
request the receipt of personal data that you have provided to us in a structured, common and machine-readable format;
request the correction of your personal data that is stored by us;
request the deletion of your personal data;
object to the processing of your personal data by us;
request the restriction of the processing of your personal data, or
submit a complaint to a supervisory authority.

Please note, however, that these rights are not unlimited and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal information we collect and how we use it, please contact us as detailed below.
In the course of providing the services, we can transfer data across borders to affiliated companies or other third parties and from your country / legal system to other countries / legal systems worldwide. By using the services, you consent to the transfer of your data outside of the EEA.

If you are based in the EEA, your personal data will only be transferred to locations outside the EEA if we are convinced that there is an adequate or comparable level of protection of personal data. We will take appropriate steps to ensure that we have adequate contractual arrangements with our third parties to ensure that appropriate security measures are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimized and that these third parties act in accordance with applicable law at all times.

California Consumer Law Rights

If you use the Services as a California resident, you may be entitled under the California Consumer Privacy Act ("CCPA") to request access to and deletion of your information.

To exercise your right to access and delete your data, please read below how to contact us.

Users of the Services who are California residents and are under the age of 18 can request and obtain the deletion of their published content by email at the address provided in the “Contact Us” section below. These requests must all be marked with “California Removal Request”. All requirements must include a description of the content that you wish to be deleted and sufficient information to enable us to locate the material. We will not accept communications that are not flagged or improperly delivered, and we may not be able to respond if you do not provide sufficient information. Please note that your request does not ensure that the material will be completely or completely deleted. For example, material you post may be republished or reposted by other users or third parties.

Updates or changes to the privacy policy
We may revise this data protection guideline from time to time at our own discretion; the version published on the website is always up-to-date (see information on the "status"). We ask you to check this data protection guideline regularly for changes. In the event of significant changes, we will publish a notice on our website. If you continue to use the services after being notified of changes to our website, this will be considered as your confirmation and consent to the changes to the privacy policy and your consent to be bound by the terms of these changes.

Contact
If you have general questions about the services or the information we collect about you and how we use it, please contact us at:

Name: Lia Mara Art, Charis Ringland
Address: Römerstrasse 17, 66625 Nohfelden, Germany
Email address: info@liamaraart.com

Terms and Conditions and Privacy Policy