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Funky Taurus Media - Music Photo Agency & Products - Conditions of Use
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Conditions of Use

General  Conditions of Use for the Company Funky Taurus Media


By accessing the website(s)  http://www.FunkyTaurusMedia.info  or  http://www.FunkyTaurusMedia.com  , you ( Customer or Material Deliverer )  agree to being bound by these website Terms and Conditions of Use and Paragraph 8 and all applicable laws and regulations. You agree to that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

§1 Validity for companies and users and definitions of terms

(1) The following terms of Conditions are valid for all deliveries and downloads
between us and any consumer ( general consumer, a company or any media in general ) in the valid copy at the time of the order.

(2) Consumer in the sense of these Condtions of Use is any person conducting a
business without being a trader, freelancer or company owner. Also any person, end-user, company or media conducting business for trading or freelance purposes.

§2  Conclusion of Contract, Storing of Contract Content

(1) The following regulations are valid for orders via this internet shop

(2) A conclusion of a contract is effected with

Funky Taurus Media
D-30165 Hannover

(3)  Presenting the goods in our internet shop does not implement signing a binding contract with  us ( unless you are a material deliverer under paragraph 8 of these Conditions of Use )  but is an invitation for the consumer to order items shown. By placing an order the consumer sends a binding conclusion of a contract

(4) Upon receiving an order in our shop the following reguations are valid: The
consumer sends a binding conclusion of a contract when the consumer order runs through the following internetshop procedure.

The order is proceeded by the following steps:

(1)     Registering to the shop with data ( email address & password) as a customer or guest
(2)     Selection of the wished goods, eventually with specifications ( size, number, colour )
(3)     Verifying information and order at shopping cart
(4)     Confirming by Cickng the button “Add to cart”
(5)     Announcing Billing – and Delivery Address
(6)     Selection of Payment Method
(7)     Checking and adjusting of all order & data. Second verification including possible correction of order or given 
(8)     Use of Button “Check Out”  which means a legal order is placed. Sending an Order is a Binding Order
(9)     Sending the legally valid order
(10)   Confirmation will be sent that order is placed and received

Bevor sending the legally binding order the consumer can use this browsers return button to go back to the internet website after having changed or reviewed his data input  or can just cancel the order by closing the browser window.
The boxes: I accept your right of withdrawal conditions and  I accept your general business conditions show your acceptance of the conditions of use.

Upon sending of the order and its confirmation the order is legally placed and binding. The Use of Wistdrawal (§ 312g Abs. 1 i.V.m. § 355 Abs. 1 BGB n.F.  German LAW Regulations) can be made within 14 days , upon the order has reached the person who has placed the order, or the person who is entitled to picking up the product. A reason must not be announced. But the seller has to be informed in any form.

(5) Storing the contracts content when ordering via our internet shop: We send you ordering data and again rights of withdrawal via email. You can read the Terms of Use any time at   www.funkytaurusmedia.com
and you have to check the boxes which means you confirm you read and accept .
The boxes: I accept your right of withdrawal conditions and  I accept your general business conditions show your acceptance of the conditions of use.

The conditons of use can be seen by you any time on the website http://www.FunkyTaurusMedia.com
Your ordering data are no longer viewable on the open internet based on security reasons.

§3  Prices, Shipping & Return Costs, Payment, Due Dates

(1) All prices are inclusive VAT and include any other possible costs but
exclude shipping costs.

(2) Consumer has the option to pay  Upfront or via Paypal.Customers outside Germany are to pay via Paypal in general and if they have a valid VAT-ID
we will deduct the VAT amount valid in Germany from the amount payable.

(3) If consumer chose Upfront payment consumer has to effect payment
immediately after conclusion of contract

(4) Shipping prices are as follows: 
Shipping inside Germany
shipping fee for parcels 3.99 €  via German Post
DHL Express Parcel - 2kg   6,99€

Shipping inside EU
general shipping fee                          7.99€
DHL Express Päckchen  - 2kg          9.99€

Shipping outside EU
shipping fee for outside Europe 13,00 €
DHL Express Parcels  - 2kg        Packages   13.90€

Photographs via eMail  or FTP
general service fee  5.00 €

There are no other shipping costs.   

(5) The consumer has the option of paying in advance-bank transfer, direct debit, payment service (PayPal). Generally for customers outside of Germany the payment shall only apply through PayPal. If  you as a foreign company have a valid VAT number, we will deduct the applicable VAT rate in Germany from your payment amount.
Other payment methods are not available and will be rejected.
The amount of the invoice, which is sent by mail, is to be paid in advance to the account announced and used in the invoice.
The invoice amount is drawn from suppliers by direct debit on the basis of the debit authorization by the customer of the specified account, if that payment option was selected.
Bei Verwendung eines When using an escrow service / payment service enables the seller and the customer to handle the payment among themselves . Here, the escrow / payment service provider forwards the payment from the customer to the provider on. Further information is available on the website of the relevant Trust Services / payment service provider . The customer is required within 7 days of receipt of the invoice paid the amount stated on the account indicated on the invoice or to remit . The payment is due from the date of invoice . The client comes only after a reminder in default .

(4) If the consumer has elected to pay in advance payment bank transfer , so he agrees to pay the purchase price immediately after the conclusion .

§4  Delivery

(1) In case nothing else was stated along the items shown on the internetshop website, the delivery of the ordered item(s) will be effected promtly after confirmed receipt of payment. The shipment takes an average of the latest as 2 days . The contractor undertakes to supply up to a maximum of 14 days from receipt of order and payment. The standard delivery time is 5 days , if the item description does state other.

(2)  The consumer is obliged to pay immediately after having placed a binding order

(3) If consumer chose upfront payment we will deliver not before having  received the amount
The seller ships the order from its own warehouse when the entire order is there available . The customer
will be informed promptly of delays .

(4) If the consumer has elected to pay in advance or Paypal , we will not ship the goods before receiving

(5) Warranty
      For entrepreneurs, the warranty period is limited to one year for new goods. The seller is granted that he 
      himself can choose between repair or replacement at a subsequent performance if it is the product is virgin
      and the customer is an entrepreneur. For entrepreneurs, the warranty is excluded for used goods. If the
      customer is a consumer, the warranty period is limited to one year for used goods. This does not apply to
      claims for damages by the customer due to injury to life, limb, health or essential contractual obligations,
      which must necessarily be met to achieve the Treaty's objectives. Likewise, this does not apply to claims for
      amages for gross negligence or intentional breach of duty of the provider or his legal representative or his
      assistants. Otherwise, the statutory provisions apply.

(5) Contracts
The customer has no way even directly access the stored text of the contract. The customer can correct
errors in the input during the ordering process. To that end, proceed by the Back button is pressed, or re-
ordered to cancel the first order process as follows.

§5  Reservation of  Proprietary Rights

We reservate the right of proprietary for us untill payment of the full purchasing price is received and complete.

§6   Right of Withdrawal

Instructions for the Rights of Withdrawal

You can cancel your contract within 14 days without giving reasons in writing (eg letter, e-mail.) You can use this download withdrawal form  Or - if the goods arrive before the deadline - also by returning the item. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 . 1 and 2 EGBGB and our obligations according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. This form Withdrawal Form can be used

The revocation must be sent to:
Funky Taurus Media
D-30165 Hannover
Email contact@FunkyTaurusMedia.com

Consequences of Withdrawal

If you revoke this contract/order, we give you all the payments that we have received from you, including the costs of supply (with exceptions of the additional costs arising from the fact that you have chosen a type of delivery other than the offered by us, favorable Ground Shipping have), and repay immediately latest within fourteen days from the date on which the notification has been received of its cancellation of this contract with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in that case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return  the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract, to us:  Funky Taurus Media, Heinrich, Halkettstr.12
D-30165 Hannover, email contact@FunkyTaurusMedia.com
return or pass.
The deadline is met if you send the goods before the deadline of a fortnight.

You bear the direct cost of returning the goods.

You have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

End of Instructions for the Rights of Withdrawal

§7   Photographers, Graphic Designer, Iustrators ( here named:  photographers )

Under the Conditions of Use of this internetshop website & shop  Photographers and/or  Photo-Designers, Photo-Artists, Graphic-Designer,  Graphic or Photography Product Developper belong to this §7 and are named MD. Their products they are originator of  ( here: material ) eg.: photographs, pictures, illustrations, designs, logos, cartoons, graphics will be uploaded to the shop website after having been approved upon delivery via eMail to contact@FunkyTaurusMedia.com . If author's name is not to be mentioned, it should be stated upon first delivery.

Upon delivery of any material  all rights of and to the delivered material are transferred to Funky Taurus Media to be licensed to third parties and administrated worldwide exclusively. It is also agreed upon delivery of any material that possible customers of this shop can buy licenses for the material as well. Eg.: licenses to get a period of time to use the  material as wall paper,  poster or photograph based on the license contracts for customers or any order. The material originator  will get 50% of the net income the material makes( licensing, product development, product creation ). Payment is effected after 100 Euro ( onehundred) are conducted, but not later than in March for the previous year. Payment is effected cash or via paypal.  A notice about the income will be send to the email the material was delivered by every 6 months. A separate contract can be signed as well. Download here: http://www.FunkyTaurusMedia.com/contracts or get a specialized one upon request.  Upon delivery of any material it is agreed that all rights ( incl. rights of use and exploitation)  of the delivered material are transferred to Funky Taurus Media  to administrate and license the rights. The right of withdrawal can be used within 14 days upon deliverance. Otherwise  a termination notice 3 months prior to the end of the running year has to be made to terminate this agreement based on §8.

State of Law is Germany. In case of any lawsuit the legal language is German and all documents have to be provided in the German  language or in legally certified translated. Paragraph 8 is also a photographer agreement saying that delivered photographs and their rights are transferred to be administrated and licensed and presented in all forms and media and can be used to create products .Creation of products with sent material is settled with 50% of the share the photograph has on the product . TV stations can broadcast photographs for free during the first 4 years of agency existence since 2009 the first 200 pictures are free of charge for print media during the first 4 years as well, but products created by sent material areto be paid right from the beginning
Sent material can be stressed for promotional purposses free of charge by and on any  website of  Funky Taurus Agency  independantly from the shop website as well.

If material is sent without having a separate contract §8 is valid and the name of the material deliverer is published unless he send a notice not to do so before first publication. Untill the Right of Withdrawal is used or a Termination note for the running year is made 3 months prior to the end of the year.

§8 Royalty Free Photo Order via Shop

Photographs ordered and paid directly in our shop are Royalty Free and can be used privately as Poster or Wallpaper non-exclusive unlimited in time for non-commercial purposes. All rights remain inclusive copyright remain at Funky Taurus Media

§ 9 Liability

Customer claims for damages are excluded, unless something else can be stated out of the following reasons below. This also applies to the representatives and agents of the provider , if the customer does claim(s) for damages against them. Excluded are claims for damages for breach of the customer's life, body , health or essential contractual obligations , which must necessarily be met to achieve the Treaty's objectives . Likewise, this does not apply to claims for damages for gross negligence or intentional breach of duty of the provider or his legal representative or his assistants.

§10 Language , Jurisdiction and Applicable Law

The contract will be set up in German. The further conduction or fullfillment  of the contractual relationship takes place in German . There is only the law of the Federal Republic of Germany. For consumers , this only applies to the extent that no legal provisions be restricted in the State in which the customer has his domicile or habitual residence . Jurisdiction for disputes with customers who are not consumers , legal entity under public law or public special assets , is the location of the provider .
The contract language is exclusively German. The place of jurisdiction is Hannover

§11 Privacy

In connection with the development, conclusion, execution and termination of a purchase agreement on the basis of these terms and conditions data will be collected by the provider, stored and processed. This is done in accordance with legal regulations. The provider will not share personal data of customers to third parties, unless that he was legally obliged to do, or that the customer has expressly consented. If a third party for services used in connection with the handling processing procedures, the provisions of the Federal Data Protection Act are complied with. The information provided by the customer by way of order data are processed exclusively for contact within the framework of the contract and only for the purpose for which the customer has made the data available. The data is only to the extent necessary forwarded to the shipping company that handles the delivery of the goods as ordered. The payment data is forwarded to the agency responsible for paying the bank. Unless the seller commercial retention periods or take control of a legal nature, storing some data can take up to ten years. During the visit, the internet shop of the provider be anonymous data which do not allow inferences to personal data and do not intend, in particular IP address, date, time, browser type, operating system and pages visited, logged. The personal data will be requested by the customer in accordance with legal provisions deleted, corrected or blocked. A free information about all personal data of the customer is possible. For questions and requests for cancellation, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Funky Taurus Media, Heinrich, Halkettstr.12, D-30165 Hannover
Email contact@FunkyTaurusMedia.com

§12 Severability

The invalidity of any provision of these Terms will not affect the validity of the remaining provisions .

Latest Terms of Use up-date  Jan 2018

(c)  2012-2018  Funky Taurus Media 
Prices incl. VAT with separate Shipping costs