Terms of sale
The terms of use outlined below apply to usage of the websites clausphotography.net and https://clausphotography.darkroom.com:
These websites are owned and operated by Claus Mitteregger. These Terms set forth the terms and conditions under which you may use our websites and services as offered by us. These websites give users the option to purchase Claus Mitteregger's artwork. By accessing or using the websites of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Article 1 - Scope of application
The products sold on the websites clausphotography.net and https://clausphotography.darkroom.com are subjected to the current terms of sale.
Orders are placed with :
Claus Mitteregger
3, Avenue Princesse Grace
MC 98000 Monte Carlo, Monaco
Telephone: +33 661 387 873
Email : info@clausphotography.net
Registered at Répertoire NIS, Monaco, under number 7420Z20547, Register Number AD 01375
Intracommunity VAT number: FR85000139575
Article 2 - Orders
Orders are placed on the website www.clausphotography.net or https://clausphotography.darkroom.com.
Claus Mitteregger reserves the right to refuse an order from a customer with whom there is a dispute concerning the payment of a previous order.
The terms and conditions of sale are fully accepted by placing your order.
Article 3 - Prices
Prices are quoted in euros, inclusive of all taxes and shipping costs (including preparation costs).
The prices of goods ordered and registered are not subject to change; they are invoiced on the basis of the current price, displayed at the time the order is registered.
In the event of an order for the product(s) concerned to a country other than a European Union country, the customer/purchaser is the importer of these products. Customs duties or other taxes may be required by the countries concerned. These duties are not the responsibility of the seller and are at full charge by the customer exclusively .
All orders are payable in euros (€). The products ordered are invoiced according to the rates in force at the time the order was recorded, subjected to the availability of the products ordered. Delivered and invoiced products remain the property of Claus Mitteregger until full payment has been received.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on our product pages.
Article 4 - Payment and security:
The payment of your purchases is made with the secured system of "Paypal".
We do not accept e-cards (virtual cards).
Your bank details are not communicated to clausphotography.net, or Claus Mitteregger . We do not keep your bank details, as all transactions are processed by Paypal.
Article 5 – Withdrawal from contract
The customer has a period of fourteen days in which to exercise his right of withdrawal without having to provide any justification or incur any penalties. The customer will then be reimbursed (with the exception of the cost of returning the product, which remains at the customer's expense).
Items must be returned in their original, undamaged packaging, together with the invoice.
The cost of returning the items are at charge of the customer. Reimbursement will be made by bank transfer once the goods have been recovered, subjected to being in good condition as discribed.
Article 6 - Delivery costs
Shipping, packaging and handling costs are included in the price displayed in the cart when the order is placed and do not need to be paid in addition.
The preparation and dispatch prices, as well as taxes may be updated at any time without notice, but will be displayed in the CONDITIONS OF USE as part of an update.
Article 7 - Availability
Claus Mitteregger cannot guarantee the availability of all products presented online. The information on this site is valid while stocks last.
Information on the availability of the artwork may be subjected to error. In this case, after checking availability, you will receive an email indicating the delivery time and, in the event of unavailability, your order will be cancelled immediately and reimbursed if necessary.
Any order that cannot be fullfilled by Claus Mitteregger will be refunded. In any case no compensation for any kind of damages can be claimed by the customer. The refund is limited in any case to the amount paid by the customer.
Available products are dispatched within 4 to 10 days upon receipt of your order. In the event of additional delays, Claus Mitteregger undertakes to inform the customer of the expected date of availability. Orders are delivered by the seller's choice of carrier.
The invoice corresponding to your order will be sent to you by email as soon as your payment has been validated.
Article 8 - Delivery
Orders are delivered by the carrier of Claus Mitteregger's choice.
Delivery will be made, during working hours, to the delivery address that you have indicated and validated on the order form. Claus Mitteregger, within the framework of the sales contract, is responsible for the delivery and transport of the goods to the address indicated in the order form.
In the event of a delay in shipment of more than ten days calculated from the confirmation of the order, you will be notified by email. In this case, and as long as the product has not been dispatched, you may cancel your order.
Orders not dispatched within 30 days will also be cancelled unless otherwise stated.
The purchaser is responsible for any risks of deterioration linked to transport during delivery. In case of damage to the parcel or a missing product, the purchaser must refuse delivery to the Post Office or the delivery service. Similarly, Claus Mitteregger cannot be held responsible for delivery times that are exceeded or for non-delivery due to the loss of the parcel by the carrier or postal service.
Certain countries restrict the entry of goods into their territory. It is the responsibility of the buyer to ensure the conditions of access to the items ordered in the country of destination.
The seller cannot be held responsible for any destruction or blockage of the parcel upon entry into the destination country.
Article 9 - Conformity
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us.
If you make a claim under the guarantee of conformity, you have a period of two weeks from delivery of the goods to do so. You can choose between the repair or replacement of the goods ordered, or the cancellation of the sale, or a reduction in the sale price.
The goods purchased from clausphotography.net or https://clausphotography.darkroom.com are considered to be conform to the sales contract if they are fit for the use usually expected of similar goods.
Article 10- Liability :
Claus Mittereggerne can not be held responsible for the non-execution of the sales contract in the event of stock shortage, unavailability of the product, force majeure, disruption or strike, total or partial, notably of the postal services or the transporter.
To the maximum extent permitted by applicable law, in no event shall Claus Mitteregger, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
The parties agree that all conditions of sale and use are subjected to Monegasque law. It is agreed that only the courts of Monaco have exclusive jurisdiction.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Monaco, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Monaco. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Indemnification
You agree to indemnify and hold Claus Mitteregger harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Article 11 - Return of products:
If an item does not suit you, you have 14 days after receipt to retract and 14 days to return it to the following address:
Claus Mitteregger, 3 Avenue Princesse Grace, MC 98000 Monte Carlo, Monaco.
You may request an exchange or refund. The product must be returned in perfect condition, unopened and with the corresponding invoice. The cost of returning the product is at charge of the purchaser/customer. Products returned in good condition will be reimbursed by Claus Mitteregger within 14 days. You may also opt for a credit note on future purchases rather than a refund.
Any return of an order due to an error in entering the address, or an error in general, when ordering will be charged to the customer. Upon receipt of the order, it is the customer's responsibility to check the condition of the products and not to accept them if they are damaged. No compensation may be claimed for late delivery or for a damaged artwork.
Article 12 - Data protection :
The private information that you provide to us via your order form will not be used beyond the strict framework of our customer file. You may object to being included in this file by sending us a letter to :
Claus Mitteregger, 3 Avenue Princesse Grace, MC 98000 Monte Carlo, Monaco, or by email to: info@clausphotography.net
Article 13 - Force majeure:
Claus Mitteregger cannot be held responsible for the execution of the order if any delay or failure is the result of force majeure.
Article 14 -Ownership of intellectual property, copyrights and logos, vector art
The Service and all materials sold trough clausphotography.net and / or https://clausphotography.darkroom.com including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs and all Intellectual Property Rights related thereto, are the exclusive property of Claus Mitteregger. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Article 15 – Right to modify and change the Terms and conditions of use
Claus Mitteregger reserves the right at his sole discretion to modify the conditions and / or terms of sale or use in whole or in part without prior notice at any time, this includes the prices of the Artist's works, but also the invoicing of the preparation and shipment of the goods, as well as the invoicing of taxes in the sale price.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or we can create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify here that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access ourwebsite or the service.
Current or past orders will not be affected by any change in the conditions of use or sale.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Do you have a question?
Please contact us here: info@clausphotography,net and we will get back to you as soon as possible.
Monaco, 8th September 2023