ARTICLE 1. SCOPE
The general terms and conditions of sale set out below (hereafter designated “General
Conditions”), govern the contractual relationship between each user of the website
Ospacemag.com (hereafter designated the “User” or “You”) and the company OStudio,
Christian-Pleß-Str. 11-13, 63069 Offenbach am Main, Reg.Nr.: 06413000 (hereafter
designated “OStudio”).
These general conditions shall apply exclusively and replace all other conditions, explicit
and written. OStudio reserves the right to punctually modify certain of the dispositions of
its general conditions from time to time, so the User must read them at each visit to the
website Ospacemag.com (hereafter designated “Site”). These modifications are
opposable starting from the date of their instatement online (the date of their instatement
online figuring at the end of the present conditions) and cannot be applied to contracts
concluded anteriorly. Each purchase on the Site is governed by the general conditions
applicable at the date of the order. In validating your command, you accept without
reserve the General Conditions after having read them. In accessing the Site, you commit
yourself to respect the present conditions. It is specified that the present conditions govern
the sales of any products available at the shop, including but not limited to the
photographs and frames of OStudio on the Site.
ARTICLE 2. USE OF SITE
To use the Site, You must be at least of the age of 18, be juridically capable of contracting
in accordance with local applicable laws and using the Site conformingly with the present
General Conditions. You guarantee the truth and accuracy of the information provided by
Yourself on this Site. OStudio reserves the right to annul or to refuse the order of a client
with whom there would exist a litigation relative to the payment of an anterior order.
The Site is available in English.
1) Essential characteristics of the products
The products sold on the Site are art photographs numbered and in limited edition. The
photographs are offered in one or several formats and mountings, according to the
agreements made between the photographer or his or her representatives and OStudio.
The photographs are accompanied by a biography of the artist and a certificate of
authenticity in English.
Only one gift certificate is accepted per order. The gift certificate cannot serve for different
orders: it must be used only once. Any remaining balance cannot be recovered. The gift
certificates are non exchangeable and non reimbursable.
The prices are indicated excluding taxes and shipping fees within Germany/EU. The
currency in which the prices are indicated varies is Euro. For all the works expedited to
destinations outside of the EU, the customs duties or other local taxes of importation or
taxes of the State are susceptible to be demanded.
These duties and sums do not result from the jurisdiction of OStudio. They will be at your
charge and result in your entire responsibility as much in terms of declarations as in the
payments to the authorities and the competent organizations of your country. We advise
you to inform yourself about this according to your local authorities.
OStudio reserves the right to modify its prices at all moments. The works will be billed on
the basis of the price list in vigor at the moment of the registration of orders, under the
reserve of availability. The products remain in OStudio’s property until the complete
payment of the indicated prices is done and transferred.
2) To effect an order
To effect an order, You should at the minimum pass through the following steps:
- Consultation of the information page presenting the product, e.g. photograph. On this
screen You can choose the format and the support among those offer for this photograph.
The state of stock is indicated (in stock / available in a few days / in preorder available for
1 month / out of stock). You must click on «Add to shopping cart» in order to add this
article to your shopping cart. - Screen «Shopping cart» you have the possibility to delete an article or to modify the
quantities ordered. - Screens of identification or of the creation of a client account
- Screen of the choice of the mode of delivery. On this screen a link is offered to you to
modify the articles of your order. - Screen of summary and choice of payment. This screen allows you to choose your mode
of payment and to verify the different elements constituting your order (articles, quantity,
mode of delivery, total price). You must ensure that all these elements are in conformity
with your order. Because of the links on this screen, You have the possibility to modify
your order. - You must accept the general conditions in order to pass to the payment step. The
conditions are available for reading and for printing from the link «general conditions of
sale». Their acceptance is effective by checking the box attached to the link to these
conditions. The general conditions must be accepted at each order.
- You pay for your order by the method of payment chosen.
- The contract is concluded upon the confirmation of the payment by the bank.
- The Site sends you a confirmation of your order by email in the minutes that follow to the
e-mail address you entered within your registration process.
3) Methods of payment
Several methods of payment are offered to you to pay for your order on the Site:
- Credit Card, Visa and Mastercard.
- Paypal
- Bank Transfer
4) Security of payments
For the payments by credit card, the transaction is effected by Woo Payments. The bank
information of the User is encrypted (SSL technology, Secure Socket Layer). It does not
circulate freely on the Internet and cannot be intercepted. Your bank information (number
of card, expiration date….) is not communicated to OStudio.
5) Proof
The information registered by the Site constitutes the proof of the entirety of transactions
effected between the Site and its clients. The information registered by the system of
payment Woo Payments constitutes the proof of financial transactions.
6) Delivery
Processing of orders
Orders effected before 11 AM (GMT+1h), from Monday to Friday, outside of holidays, are
expedited the same evening (for photographs indicated «in stock»). In other cases, the
orders are expedited on the evening of the following workday. The entirety of the works
ordered is sent in one single order.
The works noted «available under 30 days» will be expedited in an average of 30 days.
The works noted «out of print» can no longer be ordered.
Shipping address
OStudio delivers in the EU with the Deutsche Post Service. Delivery to another country:
on request.
The delivery will be effected to the shipping address that you will validate at the moment
of the order as being the «shipping address», this address being able to be different from
the «billing address».
Change of shipping address after the effectuation of the order is not possible for logistical
reasons. You can always contact us, if you wish to change the shipping address, we will
access the possibilities in function of your order.
Modes of deliver and transit times
The possible modes of delivery depend on the quantity, the size of the article(s) ordered
and the destination country. If your order comports articles of different sizes, it is the size
of the largest article that is taken into account. OStudio reserves the right of the choice of
the transporting company.
The delivery date depends on the state of the stock, the date of expedition of the order
and the transit time for delivery established by the mode of delivery.
The delivery of items «in stock» will be effected in the indicative transit times mentioned,
and at the latest 14 days following the ordering, except in the case of a force majeure or
reasons with the transporting company that OStudio is not responsible for.
The respect of the transit times depends on our transporter. In consequence, no request
for indemnification, whatever nature it may be, will be able to be claimed by the client.
Shipping fees
The shipping fees vary according to the destination and the mode of delivery as well as
the number and the format of the works ordered.
For deliveries inside the EU, OStudio applies the following shipping rates, which apply to
work of Deutsche Post Service.
2 kg – Päckchen XS (max. 35 x 25 x 3 cm) 6,49 € 3) 2 kg – Päckchen M (max. L + B + H = 90 cm) 10,49 € 3) 2 kg – Paket (max. 60 x 30 x 15 cm) 14,49 € 3) 5 kg – Paket (max. 120 x 60 x 60 cm) 16,49 € 3) 10 kg – Paket (max. 120 x 60 x 60 cm) 21,49 € 3) 20 kg – Paket (max. 120 x 60 x 60 cm) 32,49 € 4) 31,5 kg – Paket (max. 120 x 60 x 60 cm) 45,49 € 4) |
3) Endpreis und nach UStG umsatzsteuerfrei.
4) Endpreis inkl. gesetzl. Umsatzsteuer
Priority transportation always included!
Your consignment is handed over to the recipient against signature. Including transport insurance up to EUR 50 and shipment tracking in over 60 countries.
The delivery of an international parcel with proof of service will be confirmed when you hand it in at your branch or when you collect it.
When ordering online, please select the country of the desired shipping destination; the correct shipping costs will then be shown.
Orders with items of of different sizes will be shipped at the rate of the largest picture in
the order. Books are shipped free of charge. If, for logistics reasons, OStudio splits the
order across multiple shipments, you shall not incur additional costs for this.
Conditions of our offers:
Import fees outside the European Union
Items for shipment to countries outside of the European Union may be subject to taxes,
customs duties and fees levied by the destination country (“Import Fees”). The recipient of
the shipment is the importer of record in the destination country and is responsible for all
Import Fees. With respect to each item for which Import Fees have been calculated, you
authorize OStudio to designate a carrier to act as your agent with the relevant customs
and tax authorities in the destination country, to clear your merchandise, process and
remit your actual Import Fees for such item. You further agree that the Designated
Carriers may disclose to OStudio the amount of actual Import Fees levied on the item you
have purchased from OStudio. In the case of gifts or other purchases made on behalf of
another recipient, you also agree to grant the foregoing authorizations on behalf of the
recipient designated in your order. To obtain details regarding the Actual Import Fees, or
to obtain documentation or receipts in connection with customs clearance, you may
contact the Designated Carrier specified in your shipment confirmation.
Reception of the delivery
At the time of reception of your order, it is your responsibility to: – Ensure that if the
packaging is damaged you refuse the package or note your reservations on the delivery
slip prior to signing it – Open the package to check the state of the photographs or frames.
In the event of a problem, please contact our customer service department within 24
hours, with photographic proof of the incident. No complaint will be admissible if the
delivery slip was signed without making note of your doubts or reservations. If you do not
personally receive the package, ask the person in charge of receiving the package to
verify it.
Order Form: When you receive your order, it is your responsibility to verify the state of the
packaging as well as the item(s) and to note any reservations you may have on the
delivery slip, or simply sign it in the absence of any reservations. In the event of a
problem, please contact our customer service department immediately (within 24 hours).
Delivery of the Certificate-of-Authenticity with signature
For organisational reasons, OStudio may also send the ordered print and the Certificate-
of-Authenticity with the artist’s and OStudio signatures and the print details separately. In
this case, the cancellation period shall only start after receipt of the Certificate-of-
Authenticity with signature. If you exercise your right of cancellation, you must also
immediately return the unused Certificate-of-Authenticity. The purchase price shall not be
refunded without receipt of Certificate-of-Authenticity. The right of cancellation shall lapse
if the Certificate-of-Authenticity is used on the work of art, the frame, the lamination or
elsewhere.
7) Right of revocation
In conformity with the article 312 g of the Code Civil, you dispose of a right of revocation
for the return of a work that does not suit you. Return shipping costs will be paid
exclusively by the Customer.This right is not applied to gift card orders, orders placed by
companies, or personalised orders produced especially for the customer.
For the “Large”, “Giant”, “Collector” and “Exception” formats, each photograph is specially
produced for each customer by the laboratory after confirmation of the order. In the case
of orders for products whose manufacture is carried out specifically, the Customer cannot
request the cancellation of his order in conformity with article, which excludes the
possibility of the Customer exercising his right of withdrawal.
For all orders on the Site, you dispose of a period of 14 calendar days to notify us of your
request for a return regarding non-customized photographs. For this, please contact our
customer service that will indicate to you the return address and then you will dispose of a
period of 10 days to return to us your order. No “shipment for reimbursement” will be
accepted, for any reason. Articles returned without their original packaging or incomplete,
spoiled, damaged, or dirtied by the client are not reaccepted OStudio will reimburse you
the price of the photographs as well as the original shipping fees (the return shipping fees
resting your responsibility) in a period of 14 days following the reception of the order by
OStudio, by credit in the bank account having served for payment, by check or by gift
certificate, according to the mode of payment used at the time of the order.
8) Right to return
In the case that the works received do not conform to the order, you dispose of a right to
return. In this case, please contact our customer service which will indicate to you the
return address and the procedures of return.
OStudio will effect the exchange of the damaged article, within the limitation that the stock
is available. In the case that an article is no longer available, OStudio will offer you
another article of an equivalent sum.
In the case of the exercise of the right to return, and only in this case, the shipping fees of
the return and of the new shipment will be assumed by OStudio.
9) Customer service and claims
For any information or question, you can contact our customer service by email.
10) Gift cards
Please note that the gift cards can only be used in our Studio. They can not be used on
the website.
ARTICLE 3. FORCE MAJEURE
OStudio cannot predict delays or failures in performance resulting from events beyond
their reasonable control. This, for example, includes ‘acts of God’, fire, flood, riots,
pandemics, new laws which prevent the carrying out of the services, the results of terrorist
activity, failures of third party suppliers, and electronic and other power failures. Should
such circumstances arise, OStudio will use its reasonable endeavours to continue to
provide services but recognises that you may not be able to wait while the matter is
remedied. In such a case, either party may terminate the order with immediate effect by
giving written notice to the other.
ARTICLE 4. PROTECTION OF PERSONNAL INFORMATION
4.1.1 Treatment
The subscription, access and/or use of certain Services involve the processing of personal
data, which you hereby accept. The director for the processing of users’ personal data is
contained in section 1.1 of these general terms and conditions of use.
In charge of this treatment, OStudio whose head office is located at Chistian-Pless-Str.
11-13, 63069 Offenbach am Main, is aware of the trust that you have accorded us by
confiding your personal information for the use of its services. OStudio believes the
confidentiality and security of your personal information to be of the utmost importance.
OStudio thus agrees to respect the present confidentiality policy that you tacitly accept by
using its services.
4.1.2 Declaration of the Treatment of Nominative Information
By creating your account, you accept the GT&C of the ospacemag.com account, you
become a OStudio Customer and you will enjoy ospacemag.com services and
advantages. If you did not oppose the registration confirmation, you will receive
information and commercial offers concerning OStudio via email. If you do not wish to,
you may modify these choices in your Customer Account on the Website or by writing to
us at the address below.
OStudio, Christian-Pless-Str. 11-13, 63069 Offenbach am Main, Email:
info@ostudio.space
You may also consult or modify your personal data in your customer account on
ospacemag.com
4.1.3 Nature and Purpose of the Personal Data
By using our platform or services, users disclose information or data to OStudio, some of
which may directly or indirectly identify them.
This data is sourced from users’ voluntary provision of information to access or utilize a
service requiring such processing, from digital traces left during their website navigation,
or from data transmitted by partners to OStudio.
OStudio may use this data for managing operations conducted on the website and for
commercial activities. Additionally, this data is utilized for:
Creating and managing user accounts
Providing ospacemag.com services
Following up with users
Communicating user information requests to freight carriers
Personal data collected by OStudio may include:
First and last names
Email addresses
Telephone numbers
Postal addresses
Internet Protocol (IP) addresses
Usernames and passwords
Copies of exchanges between OStudio and the user
Information regarding user navigation and activity
Geolocation information
Monitoring Tools and Applications
OStudio uses the following tools:
- Facebook Analytics: (Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal
Harbour, Dublin 2, Ireland) tool for traffic analysis and actions undertaken on the Website; - Google Analytics: (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA)
monitoring and quantitative and qualitative analysis of traffic;
-Paypal (PayPal (Europe) S.a.r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), L-2449
Luxembourg): tool for managing Paypal payments
You accept that these be used and/or communicated according to the terms and
conditions herein specified.
If you contact us by telephone, the conversations may be heard and recorded for the
purposes of security and training. These recordings will be conserved for a 6-month
period.
Targeted Advertising, Emails and SMS
With your consent, when required, OStudio may use the data that you provide for the
purposes of commercial prospection (for instance, to address newsletters to you, send
you invitations to our events, or any other communication likely to be of interest to you,
and present targeted advertising on social networks or third-party websites).
Concerning promotional emails or newsletters: you many withdraw your consent to
receive these at any time by clicking on the Unsubscribe link provided in each of our
mailings or by contacting us as per the terms and conditions provided in section 4.3
below.
As for targeted advertising: on social networks (for instance Facebook, LinkedIn) you may
oppose this processing at any time by configuring the parameters relative to the
advertising of your account;
On third-party websites: you may refer to section 4.4 below to understand how to withdraw
your consent.
4.1.4 Legal Basis of the Processing
The User has accepted, s/he is informed that the various data processing operations are
required for the performance and fulfilment of the contractual obligations arising from the
services offered by the company. The submission of personal information through the
store is governed by our Privacy Policy.
4.1.5 Duration of the Conservation of Data
Personal data is deleted or archived five years after your last use of our portal or our
services.
This data may also be conserved for an additional 10-year period in the archival database,
with restricted access, in order to respect the legal and statutory obligations incumbent on
OStudio.
4.1.6 Recipients of the Data
OStudio is also likely to share information pertaining to you, notably personal data, with
OStudio’s freight carrier partners within the framework herein provided.
OStudio only shares your data with the third parties mentioned in the present section in
the following cases:
When we call on a service provider within the framework of the performance of any
agreement signed between you and us or in order to provide or improve our services;
-When OStudio has the legal obligation to do so or if OStudio believes in good faith that it
is necessary to respond to any claim made against it, comply with any legal request, or in
order to guarantee the rights, assets, and security of OStudio, its members and, broadly,
any third party.
In the event that OStudio sells or acquires a company or its assets, in which case it
reserves the right to share your personal data with the potential vendor or purchaser of
said company or assets.
Pursuant to the applicable legislation and with your consent as required, OStudio may
aggregate personal data that OStudio has received, notably all or part of your personal
data and the information collected via cookies. This aggregate data shall only be used for
the outcomes described above.
4.2 Transfer of Data
As a general rule, OStudio conserves personal data within the European Union.
Nevertheless, insofar as, for instance, some of our Service Providers are located in
countries outside of the European Union (“Third Countries”), OStudio transfers certain
personal data to Third Countries. They may notably be transferred to Third Countries for
which the European Commission has not ruled on “adequate protection”. In this event,
OStudio shall ensure that this transfer is performed in compliance with the relevant
regulations and guarantees a sufficient level of protection for the private life and
fundamental rights of the persons concerned (notably via the standard contractual clauses of the European Commission).
4.3 User’s Rights
You are entitled to the following rights:
Right of access: You have the right to obtain a copy of your personal data held by
OStudio.
Right of erasure or deletion: You have the right to request the erasure of your
personal data held by OStudio, except where legal obligations require data
retention or when OStudio has legitimate reasons for retaining the data.
Right of rectification: You have the right to request the correction of any inaccurate
or outdated personal data held by OStudio.
Right of objection: You may object to the processing of your personal data for
direct marketing purposes at any time, unless OStudio has compelling legitimate
grounds for the processing that override your interests, rights, and freedoms, or for
legal purposes such as the exercise or defense of legal claims.
Right of restriction: You have the right to request a restriction on the processing of
your personal data in certain circumstances, including during the verification of
data accuracy, during the assessment of legitimate grounds for processing, in
case of unlawful processing, or when data is needed for legal purposes.
Right of data portability: You have the right to receive the personal data you
provided to OStudio in a structured, commonly used, and machine-readable
format, and to transfer this data to another data controller.
Additionally, you have the right to establish directives regarding the handling of your
personal data after your death.
To exercise these rights, you can contact OStudio at info@ostudio.space, providing proof
of identity along with your first name, last name, and email address.
In case of a dispute regarding data processing, you may address your complaint to
OStudio.
If no satisfying solution for the user is found by the company or if the dispute persists, the
user shall have the possibility of presenting a complaint to the supervisory authority of the
European Union Member State where the user habitually resides.
Contact
For any questions pertaining to this confidentiality policy or for any request relative to your
personal data, you may contact us by writing to the following address: OStudio, Christian-
Pless-Str. 11-13, 63069 Offenbach am Main.
4.4 Technical Data Processing – Cookies
OStudio performs automatic recording of certain technical data with Cookie compliance.
During visit of the Site, the technical data likely to be recorded, through the access or use
of the Site are the user’s Internet Protocol (IP) address and the information relative to the
user’s configuration (type of machine, browser, etc.) and navigation (date, time, pages
consulted, any error notices, etc.).
The latter set of data may be stored, via your browsing software, in short textual files
(cookies), subject to your choices, in a dedicated space on the disk. Ospacemag.com
and/or its partners process this technical data in a completely anonymous manner,
connecting them to no information allowing the user to be identified, and it does not and/or
they do not transfer them to third parties.
Each cookie is attributed an anonymous identifier. The cookie file enables its emitter to
identify the device in which it is recorded during the period of validity or recording of the
cookie in question.
Cookies, depending on their category, are used for the following outcomes:
An initial category of cookies involves those that are strictly necessary in order to use the
Website. They are indispensable for navigating on the Website and enjoying all of its
functions (compatibility with the user’s operating system, display, etc.). They allow certain
functions of the Website to be adapted and presented to your browser and hardware.
They are essentially technical cookies that do not identify you as an individual.
Another category of cookies concerns those that enable the measurement of
performance. These cookies allow statistics on usage and traffic volumes of the various
services of the Website to be established. They aim to enable Ospacemag.com to
improve users’ comfort. These cookies do not identify you as an individual.
These two categories of cookies are only used for the purposes of establishing statistics
of use, prevention of errors, prevention of violations and piracy of the website, or
improvement of the Website’s conditions of use or access.
A third category of cookies concerns functionality. They will help to simplify your
navigation. They allow some of your choices to be recorded (language, username,
country, information pertaining to a previously entered form, etc.).
Some audience measurement cookies will allow OStudio to measure the visits of certain
spaces dedicated to their partners and analyse these visits, notably:
- Google Analytics: (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043,
USA) in order to analyse the traffic and actions performed on the Website; – Facebook:
(Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2,
Ireland) in order to analyse traffic and actions performed on the Website; – Google
Adwords (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in
order to analyse the traffic and actions performed on the Website; – Vimeo (Vimeo, Inc.
555 West 18th Street New York, New York 10011, USA): tool for monitoring and analysis
of the videos proposed on the website
One last category of cookies is derived from social networks: these cookies, emanating
from third parties, enable the user to share the content of the Website with other people.
This is the case for instance with the application buttons “Share” or “Like” from social
networks such as “Facebook”, “Twitter”, or “LinkedIn”).
We draw your attention to the identification that such a button enables. The social network
that provides this kind of application button is likely to identity you through this button,
even if you have not clicked on it during your consultation of the Website. Some cookies
effectively allow the social network in question to follow your navigation on the Website,
as soon as your account with this social network is activated on your device during your
navigation on the Website.
Ospacemag.com has no control over the process used by the social networks to collect
information pertaining to your navigation on the Website.
We therefore advise you to disconnect from these social networks prior to browsing on the
Website or its Applications, if you do not want the social networks to collect your personal
information while you are browsing the Site.
also invites you to consult the personal data protection policies of these social networks.
They will enable you to exercise certain confidentiality choices via these social networks,
notably through the settings of your user accounts for each of these networks.
Finally, one last category of cookies concerns advertising. These are targeted advertising
cookies.
These cookies allow targeted advertising content to be presented to the user in relation to
his or her interests. These cookies are applied by Ospacemag.com’s partners.
Ospacemag.com does not manage its partners’ cookies and has strictly no control over
these cookies.
Warning: Ospacemag.com may present advertising on the Website or links to other third-
party sites that may collect your personal data when you click on the links in question.
These Terms and Conditions do not concern the visit to third-party websites,
Ospacemag.com cannot be held responsible for their policy regarding personal data and
its use.
Notwithstanding the above, Ospacemag.com and/or its partners may nevertheless be
obliged to use this information in cooperation with the user’s Internet access provider to
identify the user for the purposes of satisfying all or part of these general terms and
conditions or additional contractual conditions or at the request of the relevant legal or
administrative authorities.
How Do You Exercise Your Rights?
We inform you that, at any time, you may set your browser to modify your choices with
respect to cookies. Web browser settings are an efficient and free way of determining, in
advance, how you handle cookies. You may decide:
- to accept the recording of all cookies integrated within the pages and content that you
are consulting. Note that, firstly, only the emitters from these cookies will be legible.
Secondly, this procedure is not definitive and it will still be possible a posteriori to erase
these cookies;
-to refuse the recording of cookies on your device. In this case, your visit of the Website
will no longer be counted in the tools for measuring site visits, but you may no longer
enjoy the same comfort of navigation since certain functions require the use of cookies.
Consequently, Ospacemag.com declines all liability for any problems connected to
possible malfunctions of our services resulting from the impossibility of consulting the
necessary cookies; - to be invited by our browser to give your consent or refusal prior to the installation of a
new cookie on your device
The period of validity of the consent to the deposit of cookies is 12 months. Upon expiry of
this period, the user’s consent is requested again.
The setting regarding the management of cookies depends on your browser
(http://www.youronlinechoices.com/fr/controler-ses-
cookies/ and http://www.allaboutcookies.org/fr/).
For your information, you may oppose the recording of cookies by configuring your
browser in the following way:
For Internet Explorer:
Go to Tools > Internet Options.
Click on the Confidentiality tab.
Click on the Advanced button, tick the box “Ignore the automatic management of cookies”.
For further information: http://windows.microsoft.com/fr-FR/windows7/Block-enable-or-
allow-cookies
For Firefox:
At the top of the Firefox window, click on the Firefox button (menu Tools in Windows XP),
then select Options.
Select the panel “Privacy”.
Set the Conservation Rules: to use personalised settings for your history.
Untick the box Accept Cookies.
For further information: http://support.mozilla.org/fr/kb/activer-desactiver-
cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
For Chrome:
Click on the icon representing a spanner that is located in the browser’s toolbar.
Click on Show Advanced Settings.
In the “Confidentiality” section, click on the Content Settings button.
In the “Cookies” section, you can choose to block the cookies and data from third-party
websites. EFor further
information: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=956
47
For Safari:
Go to Settings > Preferences
Click on the Confidentiality tab.
In the zone “Block Cookies”, tick the box “Always”.
For further information:http://support.apple.com/kb/HT1677?viewlocale=fr_FR
For Opéra:
Go to Settings > Preferences
Click on the Advanced tab.
In the “Cookies” zone, tick the box “Never Accept Cookies”.
For further information:http://help.opera.com/Windows/10.20/fr/cookies.html
ARTICLE 5. RESPONSIBILITIES AND GUARANTEES
Unless expressly agreed otherwise, statutory warranty rights shall apply.
In consequence, the company OStudio declines all responsibility for all interruption of the
site, all incidence of bugs, all inexactitude or omission concerning the information
available on the site, all damages resulting from a fraudulent intrusion of a third party
having brought about a modification of the information put at disposition on the site.
This site can contain links to other sites. The company OStudio cannot be held
responsible for the problems of access or for the contents of these sites.
OStudio will not be responsible for damages resulting from the utilisation or of the
impossibility of the utilisation of the Site. OStudio will not be in any case responsible for
dysfunction imputable to software programs, which may or may not be incorporated into
the Site or provided with it.
OStudio commits itself to respect all the legal guarantees over which You could prevail.
The works presented on our site being in conformity with the prescriptions of German law,
we will not be held responsible for the violation of legislation proper to the country of
delivery. In consequence, we invite You to consult the law in vigor in the country of
delivery.
The statutory warranty period of one year shall apply. This shall start upon handover of
the goods. During this period, all defects subject to statutory warranty obligations shall be
corrected free of charge.
If you as orderer are a company according to Section 14 of the German Civil Code, your
claims due to defects require you to have fulfilled your statutory duties of inspection and
complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered
during the inspection or subsequently, we must be advised of this immediately. Immediate
in this case is if you advise us within two weeks, with the timely sending of the notification
being sufficient for meeting the deadline. Irrespective of this duty of inspection and
complaint, you must report obvious defects (including incorrect or short deliveries) in
writing within two weeks of delivery, with the timely sending of the notification being
sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us
of the defect, our liability for the unreported defect is excluded.
ARTICLE 6. INTELLECTUAL PROPERTY
1) Rights concerning the work
The artist, because of having taken the initiative of his creation, remains the bearer of the
rights of author of his or her work, as defined by German law. The rights of representation
and of reproduction of the works presented on the Ospacemag.com belong to their
authors and to OStudio. Their conjoint authorisation is necessary for all exploitation of
these rights. Your rights to the purchased work are therefore limited to a right to private
use, excluding any right of representation and of reproduction.
2) Intellectual property right
All the elements present on the site and the site in itself are protected by the right of the
author, right of trademarks, of designs, and models and/or all other intellectual property
rights. By item, which we understand to be non-exhaustive: the photographs, images,
designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks,
models, software programs…These articles belong to the company OStudio or are utilised
with the permission of their owners. Therefore, all reproduction, representation, utilisation,
adaptation, modification, incorporation, translation, commercialisation, partial or integral
by whatever procedure or on whatever medium that may be (paper, digital…) are
forbidden.
ARTICLE 7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Service and our Products is at
your sole risk. All products delivered to you are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall OStudio, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the products, or for
any other claim related in any way to your use of the any product, including, but not limited
to, any errors or omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the product posted, transmitted, or otherwise made available via the
Service, even if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
ARTICLE 8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless OStudio and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, Service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
ARTICLE 9. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
ARTICLE 10. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These Terms of Service are
effective unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our Services, or when
you cease using our site. If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
ARTICLE 11. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to the Service constitutes
the entire agreement and understanding between you and us and governs your use of the
Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service). Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting party.
ARTICLE 12. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility
to check our website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
ARTICLE 13. JURISDICTION
These general conditions are governed by German law. In the hypothesis that litigation
would be borne out of the present contractual relation, the User and OStudio commit
before any judiciary action to search an amicable solution. In the case of litigation, only
German court at OStudio’s registration place shall be competent.
Updated April 16th 2024