Terms & Conditions
These terms and conditions act as a contractual agreement ("Agreement") between you and Jennifer Vahlbruch Photography (“JVP”, “us”, “we”, “our”), and applies to your use of Alpinkunst.de (“Site”) as well as the purchase and use of items available through the Site (collectively the "Art"). If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT IN YOUR PARTICULAR JURISDICTION.
2. LICENSE FOR SITE.
We grant you a non-exclusive, non-sublicensable, non-transferable license and right to access and view content on the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information provided on the Site without our express consent. You further understand we are not granting you any ownership right in any content, logos, trademarks, or copyrighted materials on this Site.
3. ORDER ACCEPTANCE POLICY.
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. JVP reserves the right at any time after receipt of your order to accept or decline your order for any reason.
4. TYPOGRAPHICAL ERRORS.
In the event Art is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge within 72 hours.
5. ART CHANGES.
All prices, materials, design, color, content and specifications for Art listed for sale on the Site are subject to change without notice. Some Art images may be shown with optional items that are sold separately. Art photos are for illustration purposes only. Some Art colors/pigmentation may differ from actual photos.
6. LICENSE FOR ART.
We grant you a non-exclusive, transferable license to the Art you purchase from us. You understand and agree you have no right to create copies, reproductions, or derivative works of the Art in any manner nor the right to make available said derivative works, copies, or reproductions to any third party regardless of whether for profit or not without our express consent.
7. REFUSED SHIPMENTS.
If you refuse delivery on any item (except for deliveries refused due to shipping damage), it will be treated as a return. You will receive a refund for the Art, but be charged a 10 percent restocking fee.
8. ORDER CHANGES.
You may request a change to your order, provided your order has not already been processed and shipped. Please contact us during business hours to change your order. If an order has already shipped, it can not be changed.
9. DAMAGED ART DELIVERIES.
We provide refunds or returns only on orders that are damaged. Notice of damaged Art must be submitted to us in writing through our contact page as follows:
(a) Fine Art Paper Prints - We will provide a complete refund or replacement only if the Fine Art Paper Print in question is damaged and we receive your claim within 48 hours of the documented delivery date by the shipping courier. You must send a photo of the damaged print within 3 days of providing notification after which we will initiate the refund or replacement.
(b) Limited Fine Art Paper Prints - We will provide a complete refund or replacement only if the Limited Fine Art Paper Print in question is damaged and we receive your claim within 48 hours of the documented delivery date by the shipping courier. You must send a photo of the damaged print within 3 days of providing notification and return the damaged print to us after which we will initiate the refund or replacement.
(c) Acrylic Glass Prints - We will provide a complete refund or replacement only if the Acrylic Glass Print in question is damaged and we receive your claim within 48 hours of the documented delivery date by the shipping courier. You must send a photo of the damaged print within 3 days of providing notification and return the damaged print to us after which we will initiate the refund or replacement.
10. TRANSFER OF YOUR PERSONAL INFORMATION.
You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site. We reserve the right to seek all remedies available by law and in equity for such breaches.
13. NO WARRANTIES.
JVP HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. JVP DOES NOT WARRANT THAT THE SITE OR CONTENT OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITED LIABILITY.
JVP DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THIS AGREEMENT, OR THE ART ON THE SITE. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ART, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE FEE YOU PAY FOR THE ART PURCHASED UPON WHICH YOUR CLAIM IS BASED. SHOULD THE CLAIM ARISE FROM INFORMATION ON THE SITE AND NOT PURCHASED ART, THE MAXIMUM LIABILITY ARISING OUT OR OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL BE $1,000.
15. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. SITE TERMINATION.
We reserve the right to no longer make available all or part of the Site or Art at any time in our sole discretion.
17. USER-GENERATED CONTENT.
We allow you to post to certain areas of the Site such as in comments to posts. We are under no obligation to review any messages, information, or content ("User-Generated Content") posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson individuals purporting to speak on behalf of us.
- Messages that offer unauthorized download of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
When you contact us, sign up for our newsletter, or purchase Art on the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
19. USER CONTENT.
By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant JVP, its parent company, affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of JVP, its parent company, affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
20. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
21. AFFILIATED SITES.
We have no control over and assumes no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked within the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
22. PROHIBITED USES.
We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by JVP; or (f) automatically or manually scraping or copying the content from the Site or Art without our consent. Any violation may subject you to civil and/or criminal liability.
You agree to indemnify, defend, and hold harmless JVP, its parent company, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Art, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. JVP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents, excluding user generated content, Copyright (c) 2008 - 2018 by Jennifer Vahlbruch Photography. All rights reserved.
25. SEVERABILITY; WAIVER.
If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
26. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of JVP or any third party.
JVP may, in its sole discretion, modify or amend this Agreement at any time. We shall post notice of any such changes on the Site in an area available to you and shall email you notice of such changes if we have an email address for you. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this agreement.