Terms of Trade

Wildlife Illustrated

» Legal Notice
I. Validity
For business relations between Wildlife Illustrated and the customer the following conditions apply. Wildlife Illustrated does not approve deviating business terms of the customer except where Wildlife Illustrated has expressly agreed in writing to their validity.

II. Sales Contract
1. Producing of Drawings / Illustrations
All offers from Wildlife Illustrated are subject to alteration.
Only by written acknowledgement of an order is that order accepted.
The customer has to take into account that during the detailed clarification of an order there may arise changes in delivery date and/or prices - especially where changes are requested by the customer.
All sketches, drawings and texts produced by Wildlife Illustrated remain its property. Further use by the customer without written agreement is not permitted, not even if the customer himself has been developing concepts or has placed draft illustrations at the disposal of Wildlife Illustrated for revising.
If the customer withdraws from the contract for reasons not caused by Wildlife Illustrated, Wildlife Illustrated will charge the customer expenses incurred up to this point in time, the minimum charge, however, being 30% of the order amount - as claims settlement.

2. Use of Drawings / Illustrations
The customer acquires in principle the simple right for the one-off use of a drawing.
The drawings of H.C. Kappel / Wildlife Illustrated are offered for reproduction in books, pamphlets and magazines - or elsewhere where written agreement exists - whereby H.C. Kappel's name must appear as author. Use of these drawings for producing other ecological information boards by the customer or a third party (commissioned by the customer) without the cooperation with Wildlife Illustrated is not permitted. When ordering drawings their use must be specified - this is part of the sales contract. After publication of Wildlife Illustrated material, an unsolicited author's copy is to be sent to the author.
Where the author's name is not mentioned the customer has to pay double the agreed price. For every further unauthorized use of a drawing, double the price will be charged to the customer as contractual penalty.
Where spelling mistakes, misprints and miscalculations occur on the website, Wildlife Illustrated has the right of rescission.

3. Art Prints
Only by written confirmation of an order (per e-mail) is the order accepted. For the printing of photographs in publications the customer should refer to the NATURE PICTURE LIBRARY (Bristol, England).

III. Right of Revocation
The customer is authorized to revoke the contract within two weeks of receiving the goods and to return them. This only applies, however, to goods which have not been especially produced or modified in accordance with the customer's specifications. Where handling of the article results in depreciation, Wildlife Illustrated is entitled to deduct an appropriate sum. Articles should not be returned without previously contacting Wildlife Illustrated.
In the case of downloads the customer has no right of revocation.

IV. Delivery

The customer has to carry the costs of delivery.
Delivery dates for producing of illustrations are based on experience. The time spent on developing or altering illustrations, however, may not always be predicted exactly. If Wildlife Illustrated defaults, an adequate period of grace is to be warranted. Late requests for modifications by the customer may also extend the delivery date. The customer will be informed if the delivery deadline cannot be met. Contracts where binding delivery dates are an essential condition should be concluded well in advance.
Drawings on CD and art prints are normally delivered within 2 weeks.

Drawings as downloads: If not otherwise agreed, the delivery is made following payment by PayPal by sending an e-mail with a link for downloading the drawings to the customer's e-mail address which is registered by Wildlife Illustrated.

V. Prices
The prices for producing of illustrations on offer by Wildlife Illustrated are valid only where there have been no changes in the details after making the sales contract.
The prices for using the drawings are oriented on those of "VG Bild-Kunst" (net prices plus VAT).
The prices stated for Art Prints are gross prices. Forwarding costs have to be added.

VI. Payment

Payment may be made by PayPal or advance payment. In Germany may also be made payment by invoice payable within two weeks of the date of the invoice (except in the case of new private customers) and by cash-on-delivery. If the customer defaults on payment, Wildlife Illustrated is entitled to demand interest on arrears at a rate of 5% above that of the annual base lending rate charged by the Deutsche Bundesbank.
For orders in excess of 3000 EURO it is agreed that one third be paid in advance after receiving the order acknowledgement, a further third to follow when work is well advanced, and the remaining third after delivery.

Where work which has been ordered online, only payment by PayPal is possible.

VII. Reservation of proprietary rights

Delivered goods remain the property of Wildlife Illustrated until complete payment has been made by the customer.

CDs as data media remain fundamentally in the ownership of Wildlife Illustrated. The customer must return them unsolicited after using them a single time as agreed. The files transmitted on CD or online must be deleted on all data media.

VIII. Responsibility for defects
The deliveries of Wildlife Illustrated should be inspected by the customer immediately. Claims will only be considered if raised within two weeks of receiving deliveries. If claims are justified, Wildlife Illustrated is bound to make improvement to and/or replace the delivered goods at the own discretion of Wildlife Illustrated, further claims being excluded. Slight deviations in measurements, form, colour, material and surface structure do not justify claims. Wildlife Illustrated reserves the right to make changes which are necessitated by technology or technical progress.
Wildlife Illustrated is not obliged to examine supplies given by the customer or by any third party commissioned by the customer. If obvious faults are noticed, Wildlife Illustrated is committed to indicating this to the customer. Wildlife Illustrated is not deemed liable for defects where the customer has supplied inadequate, incomplete and/or incorrect information.

IX. Copyright
All drawings, paintings and photographs offered by Wildlife Illustrated are created by H.C. Kappel and are protected by copyright.

X. Data Protection
The customer's data are used exclusively for the transaction of the order in accordance with the relevant regulations of the BDSG (German Data Protection Act) and the TDDSG (Telecommunications Services Data Protection Act).Without the customers consent Wildlife Illustrated does not pass on personal data including postal and e-mail addresses to a third party except for those data absolutely necessary for dispatching the order and handling the payment.

XI. Place of jurisdiction, applicable law
Place of jurisdiction is Kassel (Germany). In case of litigation, German law is valid.
If parts or individual formulations of this text are not, or no longer, or not completely in compliance with the effective legal position, this does not affect the contents and validity of the other parts of this document.

01 Sep 2015

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Copyright by H.C. Kappel. All rights reserved.