PRIVACY POLICY & TERMS AND CONDITIONS
In the following privacy policy, we inform you about the most important aspects of data processing on our website. We collect and process personal data only on the basis of the statutory provisions (General Data Protection Regulation, Telecommunications Act 2003).
As soon as you access or visit our website as a user, your IP address, the start and end of the session are recorded. This is necessary for technical reasons and therefore constitutes a legitimate interest within the meaning of Art. 6 (1) (f) GDPR.
Contacting us
If you contact us either via the contact form on our website or by email, the data you provide will be stored by us for six months for the purpose of processing your enquiry or in case of further follow-up questions. Your transmitted data will not be passed on without your consent.
Data storage
In order to facilitate the purchasing process and for subsequent contract processing, the web shop operator stores the IP address of the connection owner in cookies, as well as. We also store the following data for contract processing:
Title, name, address, telephone number, email.
The data you provide is necessary for the fulfillment of the contract and for the implementation of pre-contractual measures. It is not possible to conclude a contract without this data. The collected data will not be transferred to third parties, with the exception of the transfer of payment data (credit card data) to the processing banking institutions/payment service providers for the purpose of debiting the purchase price, to the shipping company (transport company) commissioned by us, which is responsible for the delivery of the goods, and to our tax advisor for the fulfillment of our tax obligations. payment service providers for the purpose of debiting the purchase price, to the shipping company (transport company) commissioned by us, which is responsible for delivering the goods, and to our tax advisor for the fulfillment of our tax obligations.
If you cancel the purchase process, the data stored by us will be deleted. If a contract is concluded, all data resulting from the contractual relationship will be stored until the expiry of the tax retention period (7 years). The name, address, purchased goods, and date of purchase provided will also be stored until the expiry of the product liability period (10 years). Data processing is carried out on the basis of the legal provisions of § 96 (3) TKG (Telecommunications Act) and Art. 6 (1) lit. a (consent) and/or lit. b (necessary for the performance of the contract) of the GDPR.
Cookies
Our website uses cookies. These are small text files that are stored on your device with the help of your browser. They do not cause any damage. We use cookies to make our website user-friendly. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser the next time you visit. If you do not want this, you can set your browser to notify you when cookies are set and only allow this in individual cases. If you deactivate cookies, the functionality of our website may be limited.
Cloudflare Turnstile (spam protection)
To protect our online forms against abusive automated access (spam bots), we use Cloudflare Turnstile, a service provided by Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA.
Turnstile is used exclusively to detect whether a request is made by a human or an automated program. Technical information such as IP address, browser and device information, and interaction data are processed. It is not used for advertising purposes, profiling, or storing cookies on the user’s device.
Processing is based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR to protect our website and forms from misuse and spam.
The transfer of data to the USA cannot be ruled out. Cloudflare processes personal data on the basis of the European Commission’s standard contractual clauses in accordance with Art. 46 GDPR.
Further information on data protection at Cloudflare can be found at:
https://www.cloudflare.com/privacypolicy/
Your rights as a data subject
As a data subject, you have the following rights with regard to your data stored by us:
Information
Deletion of data
Correction of data
Data portability
Revocation and objection to data processing
Restriction
If you suspect that violations of data protection law have occurred in the course of processing your data, you have the option of complaining to us (mail@pixure.at) or the data protection authority.
You can reach us at the following contact details:
Website operator: Melanie Timm
Phone number: +43 677 610 30 221
Email: mail@pixure.at
Source: GDPR Generator Austria in cooperation with Private Health Insurance Austria
Terms and Conditions
Copyright and rights of use
1.1 The drafts and final artwork, as well as the photographs, may not be altered, either in the original or in reproduction, without the express consent of the contractor. Any complete or partial imitation is prohibited. 1.2 In the event of a violation of point 1.1, the client shall pay the contractor a contractual penalty amounting to 100 percent of the remuneration owed for the service in addition to the remuneration owed for the service. 1.3 The contractor transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be transferred. In any case, even if the contractor has granted the exclusive right of use, the contractor shall remain entitled to use its designs and reproductions thereof for its own advertising in all media.
1.4 Any transfer of rights of use to third parties requires a written agreement between the contractor and the client. The rights of use shall only be transferred to the client after full payment of the remuneration. 1.5 The contractor shall be named as the author in the event of reproduction, distribution, exhibition, and/or public reproduction of the drafts, final artwork, and photographs. If the client violates the right to be named, they shall be obliged to pay the contractor a contractual penalty amounting to 100 percent of the remuneration owed for the service in addition to the remuneration owed for the service. This shall not affect the contractor’s right to claim higher damages in the event of a specific calculation of damages. 1.6 If the client wishes to register formal property rights in relation to the contractor’s designs, final artwork, or other work in an official register, they require the prior written consent of the contractor.
Remuneration
2.1 Remuneration is due upon delivery of the finished product. If the finished products are accepted in parts, partial remuneration must be paid upon acceptance of the first partial delivery. 2.2 Any further use of the drafts, final artwork, and images requires the prior written consent of the contractor. The same applies to uses that exceed the originally agreed or intended scope. For each renewed or additional use that takes place without the consent of the contractor, the client shall pay a contractual penalty of 100 percent of the remuneration appropriate for the use in question, in addition to the remuneration itself.
External services
3.1 The contractor is entitled to order the external services necessary for the fulfillment of the order in the name and on behalf of the client. The client is obliged to grant the contractor written power of attorney for this purpose. 3.2 Insofar as contracts for external services are concluded in individual cases in the name and on behalf of the contractor, the client is obliged to indemnify the contractor internally from all liabilities arising from the conclusion of the contract, in particular from the obligation to pay the price for the external service.
Ownership and obligation to return
4.1 Only rights of use are granted for drafts and final artwork; ownership rights are not transferred. The originals must be returned to the contractor undamaged no later than three months after delivery, unless otherwise agreed in writing. 4.2 In the event of damage to or loss of the drafts or final artwork, the client shall reimburse the costs necessary for their restoration. The client’s right to claim further damages remains unaffected.
Surrender of data
5.1 The contractor is not obliged to surrender data carriers, files, data, and images. If the client wishes the contractor to provide him with data carriers, files, data, and images, this must be agreed in writing and remunerated separately. 5.2 If the contractor has provided the client with data carriers, files, data, and images, these may only be changed with the contractor’s consent. 5.3 The contractor shall bear the risk and costs of transporting data carriers, files, data, and images online and offline. 5.4 The contractor shall not be liable for errors in data carriers, files, data, and images that occur during data import to the client’s system.
Correction, production monitoring, and sample copies
6.1 The client shall provide the contractor with correction samples prior to reproduction. 6.2 Reproduction of the products is only permitted after written approval from the client. 6.3 Upon acceptance of the work and/or approval of drafts and final artwork, the client shall assume responsibility for the accuracy of text and images, with the result that the contractor shall no longer be liable.
Liability and warranty
7.1 The contractor shall only be liable for damage caused by itself or its vicarious agents through intent or gross negligence. This does not include damages resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, limb, or health, for which the contractor is also liable in cases of slight negligence. 7.2 Claims by the client arising from a breach of duty by the contractor or its vicarious agents shall become time-barred one year after the start of the statutory limitation period. This does not apply to claims for damages based on intentional or grossly negligent breach of duty by the contractor or its vicarious agents, and claims for damages due to injury to life, limb, or health, even if they are based on a slightly negligent breach of duty by the contractor or its vicarious agents; the statutory limitation periods apply to these claims for damages. 7.3 The sending and return of work and templates is at the risk and expense of the client. 7.4 Upon acceptance of the work and/or approval of drafts and final artwork, the client assumes responsibility for the accuracy of text and images, with the result that the contractor’s liability ceases to apply. 7.5 The contractor shall not be liable for the copyright, design patent, or trademark protection or registrability of the drafts and other work that it provides to the client for use. The client shall carry out design patent, patent, or trademark searches itself and at its own expense.
7.6 Under no circumstances shall the contractor be liable for the legal admissibility of the intended use, in particular with regard to competition and trademark law. However, the contractor is obliged to inform the client of any legal risks that become known to him during the execution of the order. 7.7 The contractor shall not be liable for any defects, wear and tear, or warranty claims for which the customer is responsible or for which the customer has used the products incorrectly. (Textile prints, textiles of all kinds, stickers/films of all kinds, printed items of all kinds) 7.8 The client is obliged to inspect the work performed by the contractor immediately upon receipt and to notify the contractor of any defects and take pictures of the damage.
Design freedom and templates
8.1 The contractor has design freedom within the scope of the order. If the customer has communicated their wishes and ideas to the contractor prior to the project, these will be implemented as far as possible (up to the first draft). If the client requests changes during or after production, they shall bear the additional costs. A correction loop is understood to be a minor revision of an existing design/layout, such as text changes, image replacements, or color adjustments. A complete revision of the existing layout/design is not included in the correction loop and is therefore considered additional work. 8.2 We cannot provide any guarantee for textile prints produced by us. Once the customer receives the textile, they are responsible for its care. We create and produce the textiles according to the manufacturer’s specifications. The print on the textile may vary slightly and not be precisely positioned due to the fact that no cut is perfectly straight.
8.3 If the execution of the order is delayed for reasons for which the client is responsible, the contractor may demand a reasonable increase in remuneration. The contractor’s right to claim further damages remains unaffected. 8.4 The client assures that it is entitled to use all templates provided to the contractor and that these templates are free of third-party rights. If, contrary to this assurance, the client is not authorized to use the templates or if the templates are not free of third-party rights, the client shall indemnify the contractor internally against all claims for compensation by third parties. The indemnification obligation shall not apply if the client proves that it is not at fault.
Image rights | Photo shoots
9.1 The customer will receive the images in high-resolution JPG format. RAW | ARW files will not be provided unless this is specified in writing or the image is purchased with all rights. Pixure | Melanie Timm remains the copyright holder of the images taken. 9.2 The customer has the right, provided this is specified in the contract, to use the images on social media platforms and on their own website (for self-promotion), as well as for private purposes. Unless agreed otherwise, the images may not be used for advertising or other purposes. 9.3 When using images, the following attribution must be provided, if agreed: © Pixure Design & Photography | Melanie Timm. When posting on social media:
Instagram: Melanie.timm_fotografie and Facebook: Pixure Design & Photography
Pixure | Melanie Timm may use the images taken (if agreed with the customer) for self-promotion.
Final provisions
10.1 In the event that the client does not have a general place of jurisdiction in Austria, relocates their registered office or habitual residence abroad after conclusion of the contract, or both contracting parties are merchants, the designer’s place of residence shall be agreed as the place of jurisdiction. 9.2 If any of the above terms and conditions are invalid, this shall not affect the validity of the remaining terms and conditions. 9.3 All answers and additions are listed correctly in the briefings so that the employee can work according to this information. For further information required during the assignment, a contact person is needed who is available to provide quick answers. Otherwise, the assignment will be stopped (in which case the employee assumes no responsibility if the assignment is not completed on time) and will only continue once everything has been clarified.
