General terms and conditions „onemillionpixel.site“
A product of the Agency Braun EOOD (Agency Braun Ltd.)
Date: December 2022
Overview
- Scope of application
- Contractual partner
- Conclusion of contract
- Right of withdrawal
- Prices and shipping costs
- Delivery & Payment
- Retention of title
- Dispute resolution
- Copyright and rights of use
- Third party suppliers
- Claims for defects
- Right of withdrawal
- Settlement
- Confidentiality and data protection
- Markings and receipts
- Jurisdiction
- Sweepstakes – terms and conditions
- Special regulation
- Scope of application
These GTC are an integral part of every contract, delivery and service concluded between Agency Braun Ltd. and the client or consumer, unless other subjects of the contract have been explicitly agreed. These GTC apply to the legal relationship between Agency Braun Ltd. and the consumer. Deviating or conflicting contractual and/or business conditions of the customer are not part of the contract. Agency Braun Ltd. reserves the right to waive parts or all of these General Terms and Conditions in the event of a mutually agreed business relationship. This also applies if during the business relationship the terms and conditions of the Customer and/or those of the Agency change. These terms and conditions are part of the business and property of Agency Braun Ltd. and may not be reproduced, copied or quoted under any circumstances without consent. - Contractual partner
The sales contract is concluded with Agency Braun Ltd., owner: Artur Braun, Angel Dimitrov 78, ap. 101C, 8016 Burgas Bulgaria Commercial Register: Burgas District Court - Conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order. - Right of withdrawal
If you are a consumer (i.e. a natural person who places an order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions. By purchasing a digital product, you waive this right of withdrawal.
If you, as a consumer, make use of your right of revocation in accordance with section 4.1, you shall bear the regular costs of the return shipment. In all other respects the regulations apply to the right of revocation, which are reproduced in detail in the following
4.1 Cancellation policy [1]
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us [insert name of the entrepreneur, address, telephone number and e-mail address] by means of a clear statement (e.g. a letter sent by mail or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
– End of the cancellation policy – - Prices and shipping costs
– The prices shown on the product pages do not include VAT.
– Agency Braun Ltd. is not obliged to collect and pay VAT due to transnational intra-European actions according to Art. 44 2006/112 EO “Reverse charge VAT”. It is the responsibility of the buyer to pay the VAT. - Delivery & Payment
Delivery is worldwide. The delivery time is up to 3 days. On possibly deviating delivery times can arise. We deliver the goods after receipt of payment. Payment can be made either by Paypal or Stripe. - Retention of title
Until full payment, the goods remain our property. - Dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board for the resolution of disputes with consumers or are obligated to do so in accordance with __ (specify the legal standard or contractual agreement). The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. For the settlement of the aforementioned disputes, we will not participate in any dispute resolution proceedings before this body. - Copyright and rights of use
Pornographic, violence or drug glorifying content, texts and/or links will not be published. All provided contents are checked at the time of order. The owners of “onemillionpixel.site” are not liable for the content on further pages or content. Please use your common sense before you get the idea to place such content here. All rights to the created orders, media and products are reserved to Agency Braun Ltd.. It is only possible to waive the rights on the part of the agency in writing in contracts. If the designs developed in the course of an advertising campaign are to be adopted by the client as trademarks, designs, equipment, company or product designs, a special fee may be agreed upon for this purpose. The copyright and the right of reproduction in any form and for any purpose of own sketches, designs, originals, media and similar remain with the Agency Braun Ltd.. The client is solely responsible for the rights of reproduction as well as for all formal legal requirements necessary for the fulfillment of the order.
Photographs, negatives, drafts and other elaborated media are the property of Agency Braun Ltd. or the third party provider commissioned by the agency. The storage of the negatives is without guarantee. The copyright to the photographs is also reserved, unless other agreements are made. Agency Braun Ltd. assumes no liability for deficiencies in the formal legal requirements, the fulfillment of which is the responsibility of the client. Rejected work designs and services such as sketches, drafts as well as photos and media remain reserved to the Agency for further use and exploitation. Designs rejected by the client may be reserved by separate agreement. The Agency Braun Ltd. may publish the work results of a placed order for the purpose of self-promotion. This promotional use can be excluded by a separate agreement between the client and the agency. - Third party suppliers
In the case of services provided by third parties to Agency Braun Ltd., the Agency shall guarantee free availability for the Client. The Agency shall not be liable for the work usually contracted out by the Agency to third parties. - Claims for defects
Complaints about the services provided must be submitted to the agency in writing within two weeks of the date of dispatch. A reduction in price or rectification of defects may be claimed, but not withdrawal or compensation for damages. Print-ready templates and proofs must be checked immediately at the client’s and communicated to the agency in written or verbal form within one day. The agency does not assume liability for existing text and printing errors. If the client commissions a print shop directly, which requires print documents for its reproduction work, which are designed and produced by the Agency Braun Ltd., the agency is exempt from any liability towards defects in the finished print object. - Right of withdrawal of Agency Braun Ltd.
If the payment obligation of the client is in question (e.g. in case of bankruptcy, insolvency proceedings or foreclosures, etc.), the agency has the right to dissolve the contract. Open invoices are thus due with immediate effect. Advance payments may be assessed for services not yet rendered. The agreed remuneration is to be paid in any case, plus any incidental or third-party costs incurred. Services not yet rendered will be charged with up to 50%. If an order is cancelled by the customer, the services rendered are due immediately. The stipulated regulation applies: Claims for damages against the client due to breach of contract are expressly reserved. Set-offs against the claims of Agency Braun Ltd. are excluded. - Settlement
With the provision of the services and the end of the contract, Agency Braun Ltd. shall return to the client all documents provided, such as photos, media, documents, etc.. In the event of outstanding invoices, the Agency shall have a right of retention. Agency Braun Ltd. retains documents and other materials as well as media and products if it has been made clear by the client that they are no longer needed by the client. - Confidentiality and data protection
Agency Braun Ltd. considers the entire cooperation with the customer and related information and provision as a trade secret. The employees of the Agency Braun Ltd. and the third party service providers are bound to secrecy. The Agency shall not be liable for any damage caused by third parties.
All personal data provided by the Client shall be collected, processed and stored by the Agency in accordance with the provisions of German data protection law. The information and documents transmitted by the client, which contain personal information of third parties, are the responsibility of the client with regard to the collection, processing and use of this data by the Agency Braun Ltd.. - Markings and receipts
Agency Braun Ltd. is entitled to place a company text and/or logo on all advertising measures designed by it, whereby placement and font size can be coordinated with the client. The Agency Braun Ltd. may waive this right at its own discretion. The Agency is entitled to at least five copies of all design media and products. - Jurisdiction
The place of performance and jurisdiction for all claims arising from this contract shall be Burgas in Bulgaria. The law of the Federal Republic of Germany is considered to be legally binding, unless otherwise considered by the agency. If a contracting party is not a registered trader, the general jurisdiction regulation applies. - Sweepstakes – terms and conditions
Organizer and competition organizer: Agency Braun Ltd.
Conditions of participation:
a) The Contest is open to all natural persons 21 years of age or older, with the exception of the Company’s employees and their close relatives, and all persons otherwise connected with the organization or judging of the Contest.
b) No entry fee or purchase is required to enter this contest.
c) By entering this contest, a participant agrees to be bound by these terms and conditions.
d) Only one email address per person will be accepted. Multiple entries from the same person will be disqualified.
e) Automatically generated entries and participants who engage in technical manipulation will be disqualified from the contest. Legal action will also be taken.
f) The contest organizer and/or the companies involved in the implementation of the contest reserve the right to verify the accuracy of participant data at any time during the awarding of prizes.
Course of the competition:
g) The closing date for entries is 22.06.2023 at 23:59 (CET).
h) No responsibility can be taken for entries that are not received for any reason.
i) By submitting the “Pixel Contest” form you enter the contest.
j) The Promoter reserves the right to cancel or modify the Contest and these Terms and Conditions without notice in the event of a disaster, war, civil or military disturbance, act of God, or actual or anticipated violation of any applicable law or regulation. The Promoter also reserves the right to cancel the Contest if circumstances beyond its control arise. Participants will be notified of any changes to the Contest as soon as possible by the Organizer.
Prizes:
k) The Organizer is not responsible for any inaccurate price information provided to participants by third parties in connection with this Contest.
l) The prize is as stated and no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and the Promoter reserves the right to substitute any prize for another of equal value without prior notice.
m) The winner will be notified by email and/or direct message on Instagram/Facebook and/or by letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and select a replacement winner.
n) The Promoter will notify the winner when and where the prize can be collected or will be delivered.
o) Any liability of the game manufacturer, the contest organizer and the partner companies for incorrect information provided by the participants or technically related errors in connection with the winning decision is excluded.
p) Winners assume responsibility for accepting the prize and bear all consequences of such acceptance. All costs, taxes or other information incurred in connection with winning a prize shall be borne by the winners.
q) If the prize cannot be delivered to the winners within 14 days of notification, the prize will be forfeited without compensation.
r) The prizes will be awarded by Agency Braun Ltd.. The prize will be awarded after the closing date. The contest organizer may replace the prizes with other equivalent prizes at any time. The prizes will not be paid in cash and cannot be exchanged. A waiver is possible. If an entrant fails to provide their address information when requested by Agency Braun Ltd., thereby preventing shipment, they will automatically forfeit the prize.
Use of the data:
s) The winner agrees to the use of his/her data in any promotional material as well as participation. All personal data of the winner or other participants will be used exclusively in accordance with the applicable data protection laws (see our Privacy Policy).
Liability:
t) The contest organizer reserves the right to shorten, extend, modify or cancel the contest or parts thereof without prior notice. He cannot be held liable for this and no compensation can be claimed from him.
u) The contest organizer cannot be held liable if participants are unable to access the game and/or participate in the contest due to technical or other problems.
v) The Contest Organizer and the companies involved in the implementation of the Contest draw the participants’ attention to the peculiarities and limitations of the Internet and disclaim any liability for any consequences that may occur to the participants as a result of connecting to the Internet through partner websites.
Final provisions:
w) The contest organizer expressly reserves the right to adjust these conditions of participation at any time. No correspondence will be entered into regarding the contest. The legal process is excluded. Only Bulgarian law is applicable.
x) In case of disputes concerning the interpretation and application of these conditions of participation, an amicable settlement will be sought. The place of jurisdiction for cases that cannot be settled amicably is (Burgas, Bulgaria.), December 2022. - Special regulation
Agency Braun Ltd. reserves the right to renegotiate prices, services and/or deadlines with the client. This is with the consent of the agency also verbally legally binding. Already bought and or used blocks can be cancelled without money returning, if the terms and conditions are violated. The Agency Braun Ltd. is free to cancel, exchange or change purchased blocks without prior agreement or warnings. Please keep the advertising blocks free of advertising violating the guidelines, so the special regulation don’t have to come into effect. Thank you.
These terms and conditions were last updated on 30.12.2022.