General Terms and Conditions
Below you will find the General Terms and Conditions for
A. newart-shop.de (online shop)
B. Subscription to Airbrush Step by Step magazine
C. Seminars by Roger Hassler
D. User agreement blog / download centre
A. General Terms and Conditions newart-shop
§ 1 Scope of application
The following General Terms and Conditions apply to the business relationship between newart medien & design, Katja + Roger Hassler GbR (hereinafter: Seller) and the Customer.
§ 2 Reservation of non-availability
We reserve the right to refrain from fulfilling your order if we do not have the ordered title in stock, the title not in stock is out of print at the publisher and the ordered goods are not available as a result. In this case we will inform you immediately of the unavailability and refund any purchase price already paid by you without delay. If partial or subsequent deliveries are made, the seller shall bear the additional postage costs.
§ 3 Retention of title
The delivered goods remain the property of the seller until the purchase price claim has been completely fulfilled by the purchaser.
§ 4 Warranty
The statutory liability for defects shall apply.
§ 5 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court responsible for our registered office in Büchen.
B. Subscription conditions Airbrush Step by Step magazine
1. confirmation and first delivery
The customer will receive a written subscription confirmation from the Airbrush Step by Step reader service within a few days of ordering (see point 8). For orders placed via the webshop, the subscription begins with the next issue following the date of the order, unless the customer informs us otherwise. Retroactive subscriptions are not possible.
2 Payment and delivery obligation
The magazine will be delivered at the earliest possible date. In the event of delivery disruptions due to force majeure, including strikes and lockouts, the statutory provisions shall apply. The customer is then released from the obligation to pay as well as the publisher from the obligation to deliver.
3. due date
Subscription fees are due for payment at the beginning of the respective subscription period for one year in advance. As part of the automatic subscription renewal, the customer will receive an annual invoice. If a direct debit mandate has been issued, the fee will be collected annually.
4. price increase
If the publisher announces a price increase, there will be no additional charge for the current subscription period. The price increase shall only become valid for the customer with the following subscription period. The original price shall apply for a subscription period that has already begun. A price increase does not entitle the customer to extraordinary cancellation.
5 Payment and default of payment for subscriptions
The general terms and conditions of the online shop and the statutory provisions apply to payment and late payment. In addition, the publisher reserves the right to suspend delivery to the customer after prior notice until full payment has been made.
6 Delivery address
Changes to the delivery address must be communicated to the reader service (see point 8) immediately by e-mail, fax or post, but under no circumstances only by means of a change of address in the customer account of the online shop. The publisher is not liable for issues that are lost due to incomplete or incorrect address details. Subsequent deliveries may only be made as a gesture of goodwill.
7 Subscription term and cancellation
The subscription term and cancellation conditions depend on the type of subscription and can be found in the product description of the respective subscription. The customer will also be informed of the relevant conditions in writing in the subscription confirmation. Cancellation must be made in writing (post, fax, e-mail) to the reader service (see point 8).
8 Airbrush Step by Step reader service
For all questions and information regarding your subscription, please contact:
Airbrush Step by Step Reader Service, P.O. Box 1331, 53335 Meckenheim, Germany, Tel. +49 (0)2225 7085364, Fax: +49 0)2225 7085399, e-mail: abo@airbrush-magazin.de, business hours: Mon.-Thurs. 8.00 to 18.00, Fri. 8.00-17.00
C. General Terms and Conditions for Airbrush Seminars with Roger Hassler
1 Subject matter of the contract
1.1 The following General Terms and Conditions govern participation in the airbrush seminars offered by Roger Hassler, newart medien & design gbr (hereinafter referred to as the "Organiser").
1.2 The seminars cover the content as described.
2 Registration and participation fee
2.1 Registration for the airbrush seminars must be made in writing using the registration form, by EMAIL or via the publisher's website www.newart-shop.de
2.2 The participation fee is 195 euros per person and includes the contents listed in the course description. Payment must be made to the organiser's bank account by the date stated on the invoice at the latest.
2.3 Participation is only binding once payment has been received in full.
3 Cancellation and refund
3.1 In the event of cancellation up to 14 days before the start of the seminar, the participation fee will be refunded minus 50%.
3.2 Cancellations thereafter will not result in a refund of the participation fee.
3.3 We recommend taking out seminar insurance.
3.4 Instead of a cancellation, we will check for you on request (by telephone or email) the rebooking to another course date. There is no entitlement to a rebooking. Please note that the rebooking option is only available if a rebooking request is received at least 7 days before the start of the course.
4 Changes and cancellation by the Organiser
4.1 The Organiser reserves the right to cancel or postpone seminars for organisational reasons. In this case, the participation fee will be refunded in full.
4.2 The organiser reserves the right to make changes to the seminar programme or location. Participants will be informed in good time.
5 Liability
5.1 The organiser's liability for damage, loss or injury is limited to gross negligence or intent.
5.2 Participants are responsible for their own personal belongings and equipment.
6 Copyright and use of seminar content
6.1 All seminar documents and content are protected by copyright and may not be reproduced or distributed without the prior written consent of the organiser.
7 Final provisions
7.1 Amendments or additions to these General Terms and Conditions must be made in writing.
7.2 The law of the Federal Republic of Germany shall apply.
7.3 The place of jurisdiction is Büchen.
D. User Agreement Blog / Download Centre
By using this website and/or downloading materials, you agree to all the terms of this agreement. This agreement applies to every user of the website. Airbrush Step by Step reserves the right to modify this Agreement at any time in its sole discretion; use of the Website will always be based on the most current version of the Agreement located on the Website. If you do not wish to be bound by this Agreement, do not accept this Agreement, do not use this Website or download and use any Images.
Authorised use of the website
This site is owned and operated by newart medien & design GbR, represented by Roger and Katja Hassler. All images and related information material made available under the conditions stated here, including related text, headings, captions or information (hereinafter summarised under the term "images") are the property of newart medien & design GbR or our image suppliers. All images are protected by copyright.
This website contains a freely accessible section as well as password-protected downloads in the Download Centre. In the free part of the website, newart medien & design GbR only grants you the authorisation to display images. Furthermore, the general legal information and disclaimers in the imprint apply. The Download Centre gives you access to images for whose use you are only granted the authorisations listed below. Copyright notices or other proprietary notices located on the images, in the captions or other materials on the website may not be removed. newart medien & design GbR reserves the right to revoke your authorisation to display, download and use the images and the information available on the website at any time; you hereby agree to cease using the images and information immediately if you are requested to do so in writing by newart medien & design GbR. All rights not expressly granted in this agreement are reserved by newart medien & design GbR. The use of software to automatically browse the Website and/or download images or related information is not permitted. newart medien & design GbR may revoke any rights of use granted without prior notice if you breach any of the terms of this Agreement or fail to comply with the applicable terms and conditions governing the use of Airbrush Step by Step Materials. If a right of use is revoked, you agree that you will (i) make no further use of the Images and the Website, and (ii) delete all Images and copies thereof that are on magnetic media or destroy the media; if requested to do so by newart medien & design GbR, you may be required to return all copies to newart medien & design GbR. The use of this website and the images must comply with all applicable laws of your country. newart medien & design GbR is entitled to restrict or terminate your access to the website or the use of the images at any time without giving reasons and to replace the images at its own discretion; you agree to stop using the images immediately if you are requested to do so by newart medien & design GbR. Our website may contain links to other sites that contain information on related topics; these sites are not under the control of newart medien & design GbR. These links do not imply endorsement by newart medien & design GbR, and newart medien & design GbR accepts no responsibility for the availability or content of the websites referred to by links.
Access to the Download Centre
The access data for the download in the Download Centre will be provided in the current print edition of Airbrush Step by Step. You hereby agree to use only the user name and password specified there to access the downloads provided in the Download Centre. You are solely responsible for the secure and confidential storage of the access data; this access data may not be passed on or used by third parties to access the website. You undertake to take the necessary measures to keep the access data confidential and to inform newart medien & design GbR of any unauthorised access or the need to change or block this data. You hereby recognise that you do not acquire any right of use, ownership or distribution through the use of the members area, the website or associated services.
Use of images in the Download Centre
The term "images" includes, without limitation, all digital images as well as audio and video documents and any type of text information associated with the images (including captions and manufacturer credits). As part of this agreement, you receive a limited licence from newart medien & design GbR to download images for the sole purpose of artistically reworking the images using the airbrush technique as part of a private hobby. The images may only be used for practice purposes. The images offered in the Download Centre may not be published, passed on or sold in digital, printed or artistically reworked or modified form. newart medien & design GbR does not grant you any rights beyond the limited private use for practice purposes; you may not use images and the resulting artworks for publication or sublicensing and may not make them available for publication or use.
Unauthorised use
Without limitation, the Images may not be used as a trademark or service mark, for pornographic purposes, unlawful purposes or uses, to defame any person or to violate any person's rights of privacy or publicity, or to infringe any copyright, trade name, trademark or service mark of any person or entity. Unauthorised use of these images constitutes copyright infringement and entitles newart medien & design GbR to pursue all rights and remedies under applicable copyright law against all users and beneficiaries of the use of such images, including injunctive relief to prevent further use and monetary damages. The foregoing statements do not limit in any way the rights or remedies of newart medien & design GbR in connection with unauthorised use.
Property releases/authorisations
The rights granted to you by newart medien & design GbR do not include any licence to persons, places, property or subjects depicted in an image that may be subject to copyrights, trademarks, the right of publicity, moral rights, proprietary rights or other rights of third parties. You must assume that no model or property releases, other releases or licences exist in connection with the Images unless expressly stated in a separate writing by newart medien & design GbR. newart medien & design GbR does not claim to own or license any rights to persons, places, property or subjects depicted in Images, nor does newart medien & design GbR grant you any rights, including copyright, trademark or publicity rights, in persons, places, property or subjects depicted in Images. Furthermore, newart medien & design GbR does not guarantee the accuracy of the information provided with the images and makes no warranty in this respect. You are solely responsible for deciding whether your use of an image requires third party consent or licence for additional rights; you should not rely solely on the information provided by newart medien & design GbR. If you are unsure whether additional authorisations are required for your use, you are responsible for seeking appropriate legal advice.
Compensation
You will indemnify, defend and hold newart medien & design GbR harmless from and against any claims, liabilities, damages, costs and expenses, including all reasonable legal fees and costs, arising in connection with (1) any breach of this Agreement, (2) any use of Images and the Website either alone or in combination with other material, (3) your failure to comply with any restrictions on the use of an Image, or (4) any claim by a third party in connection with the use of an Image, alone or in combination with other material.
Disclaimer
newart medien & design GbR makes no express or implied warranties with respect to images, the Airbrush Step by Step website, the accuracy of the information or rights under this agreement, including, without limitation, the warranties of merchantability, title and fitness for a particular purpose or non-infringement. Except for liability that cannot be excluded or limited by law, newart medien & design GbR shall have no liability to you or any third party claimant for any direct, indirect, incidental, special or consequential damages arising out of or in connection with the use of the images, whether arising from breach of any warranty of merchantability, breach of title, infringement of any other right, fitness for a particular purpose, tort, breach of contract, failure of essential purpose or otherwise. In no event shall newart medien & design GbR be liable for the use of images supplied under this agreement (1) in an amount exceeding the invoice amount for the use of such images or (2) €500.
Notification of Copyright Infringement
If you believe that your materials have been used or copied in a way that infringes copyright and the materials are on the Airbrush Step by Step website in their modified form, please notify us.
No waiver/assignability
No action of newart medien & design GbR, other than express written waivers or amendments, shall be construed as a waiver or amendment of this Website Use Agreement. If any provision of this agreement is found to be invalid or unenforceable, all other provisions shall remain in full force and effect.
newart medien & design GbR, July 2024