Agreement to Terms of Use
These Terms and Conditions of Use (the ‘Terms of Use’) apply to the website located at giuliahartz.com. The site is the property of Giulia Hartz.
By using the site, you agree to these terms of use. If you do not agree, do not use the site.
Giulia Hartz reserves the right, at it’s sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Giulia Hartz grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such content, contained on the site is owned, controlled or licensed by Giulia Hartz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Giulia Hartz’s express prior written consent.
Shop’s Shipping & Delivery
Packages typically arrive within 10-30 days from the date we receive the payment of the order. Depending on the products, the packages are shipped directly from Berlin, Germany or any warehouse closest to the buyer location supporting Giulia Hartz.
Shop’s Returns & Exchange Policy
Due to the small nature of the shop and and the limited quantities of each product, Giulia Hartz currently does not accept returns on any products sold. Please carefully review the product description, sizes and colors and email any questions before making a final purchase.
IMPORTANT – If a package is returned to Germany because the buyer did not claim the package, Giulia Hartz will not send a replacement. It is not Giulia Hartz’s responsibility if the Buyer does not pick up the package from the post office and the package is sent back. The Buyer is responsible to keep their package tracking checked so that they can receive it smoothly. Due to the small nature of the shop, the package will be reshipped once it arrives back to Giulia Hartz and the shipping cost needs to be covered by the Buyer.
Only in case the package is lost (visible from the tracking), damaged, shows factory defects or has been shipped in the wrong design, color or size (needs to be proven with pictures), the Buyer will receive a replacement. Any claims must be submitted through the Contact page or emailing giuliahartz.shop@gmail.com within 30 days from the order date.
Giulia Hartz is not responsible for any actions taken by customs on your package during delivery. Giulia Hartz has no control over this. The Buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, and Giulia Hartz has no way of knowing what these charges may be.
Shipping cost
National Shipping (Germany) – € 4,-
Europe: €6,-
Rest of the world: €9,-
Freelancer Remuneration
1.1 The amount of the remuneration claim is shown in the cost estimate or the agreed hourly rates. According to § 19 UStG no sales tax is calculated. If the designs are used to a greater extent than originally intended, the contractor is entitled to subsequently request the difference between the higher remuneration for the actual use and the remuneration received. The remuneration may not be refused for design-artistic reasons.
1.2 If an order is placed without a remuneration being agreed, Giulia Hartz is entitled to apply the fee recommendations of the Professional Association of German Communication Designers (BDG) when billing. This applies accordingly to changes or additions initiated by the client after placing the order. An activity free of charge, in particular the creation of drafts free of charge, is not standard practice.
1.3 If an order extends over a longer period of time or requires high financial advance payments from the contractor, appropriate installments are to be made.
1.4 All services that Giulia Hartz provides for the client are subject to a charge, unless expressly agreed otherwise. If the client requests special and / or additional services during or after the service of the communication designer, this results in an additional obligation to pay.
Participation of Client
2.1 The client has to provide the data and information necessary for the execution of the order in a suitable form.
2.2 The client is obliged to only provide the contractor with templates such as photos, models or other working documents that have been released for publication or reproduction. Under no circumstances is Giulia Hartz liable for the factual statements it contains about the client's products and services.
2.3 Giulia Hartz has freedom of design within the scope of the order.
Copyrights
3.1 Every order placed with Giulia Hartz, which includes the creation of drafts, is a copyright contract, which is aimed at granting rights of use to the work. The work may only be used for the agreed type of use and the agreed purpose to the agreed extent. A transfer of the rights of use by the client to third parties requires the prior written agreement between client and contractor. The provisions of the Copyright Act and those of the Work Contract Law apply. The provisions of the Copyright Act also apply if the amount of creation required by Section 2 of the Copyright Act has not been reached.
3.2 The designs may not be changed either in the original or in the reproduction without the consent of the contractor. Any imitation - even of parts or details - is prohibited. A violation of this provision entitles the contractor to demand a contractual penalty in the amount of double the remuneration. If such remuneration has not been agreed, the BDG's fee recommendations (latest version) apply.
3.3 Suggestions by the client or his other participation do not constitute a co-copyright unless this has been expressly agreed.
External Services
4.1 Expenses for additional technical costs (e.g. materials, photos, printing) as well as travel and shipping costs are to be reimbursed by the client, unless otherwise agreed.
4.2 The client authorizes Giulia Hartz, as an agent, to award the external services necessary to fulfill the order to suppliers on behalf and for the account of the client. Insofar as Giulia Hartz provides third-party services in its own name and on its own account, the client releases Giulia Hartz from the resulting liabilities.
Project Delivery
5.1 Delivery dates are only valid if they have been expressly confirmed by Giulia Hartz in writing. If Giulia Hartz defaults on its services, Giulia Hartz must first be granted a reasonable grace period. After the grace period has expired to no avail, the client can withdraw from the contract. § 361 BGB remains unaffected. Compensation for damage caused by delay can only be claimed up to the amount of the order value (own contribution excluding expenses for additional technical costs).
5.2 If the provision of information or material required by the customer is delayed, the promised delivery dates are also postponed accordingly.
Complaints
6.1 The client must check the products delivered by Giulia Hartz or by third parties as well as the preliminary and interim results sent for correction. Complaints of any kind must be reported to Giulia Hartz immediately, at the latest within seven days. If this is not done, the delivered products or the preliminary and interim results sent for correction are considered accepted and the risk of any errors in further processing passes to the customer.
6.2 In the event of uncontrolled release, transfer or processing of the templates, Giulia Hartz is not liable for damage that occurs during further processing, unless the errors could not have been discovered by the client even if the preliminary and intermediate results were properly checked. As far as errors have arisen or could only be recognized after approval in the subsequent production process, the liability of Giulia Hartz remains limited to the order value of the print template.
6.3 Giulia Hartz is only liable for intent and gross negligence. Liability for indirect damage, consequential damage and loss of profit is excluded. Liability is limited to the replacement of typical, foreseeable damage.
6.4 Giulia Hartz is not liable for the patent, model, copyright and trademark protection and registration capability or legal harmlessness of the created design services.
6.5 Giulia Hartz assumes no liability or guarantee for orders placed in the name and for the account of the client.
Digital Data
7.1 The contractor is not obliged to hand over files or layouts that were created on the computer to the client. If the client requests the delivery of digital data, this must be agreed and paid for separately.
Payment
8.1 Payment is due immediately after receipt of the invoice without any deductions. In the event of a delay in payment, the contractor may demand default interest in the amount defined in § 288 BGB. This does not exclude the assertion of further damage caused by delay.
8.2 The granting of rights of use depends on the full payment of the claims. Giulia Hartz has a right of retention on all work materials, manuscripts and other items supplied by the client until all claims have been fully met.
8.3 The client cannot assert any right of retention against other orders from Giulia Hartz. Offsetting is only permitted with legally established or recognized claims.
8.4 If the fulfillment of a payment claim is jeopardized, Giulia Hartz can demand advance payment and immediate payment of all open invoices, withhold goods or other services that have not yet been delivered, and stop working on ongoing orders. Giulia Hartz is also entitled to these rights if the client does not make any payment despite the reminder of the default.
Specimen Copies
9.1 The client is obliged to provide the Giulia Hartz of reproduced works with at least 15 specimen copies free of charge, which Giulia Hartz may also use in the context of its own advertising.
Security
Giulia Hartz reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason (2) to modify or change the site, or any portion of the site, and any applicable policies or terms and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Giulia Hartz shop be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Giulia Hartz has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Giulia Hartz, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Giulia Hartz by any third party due to or arising out of or in connection with your use of the site.
Violation of these Terms of Use
Giulia Hartz may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Giulia Hartz rights or property, or the rights or property of visitors to or users of the site, including Giulia Hartz’s customers. Giulia Hartz reserves the right at all times to disclose any information that Giulia Hartz deems necessary to comply with any applicable law, regulation, legal process or governmental request. Giulia Hartz also may disclose your information when Giulia Hartz determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Giulia Hartz may preserve any transmittal or communication by you with Giulia Hartz through the site or any service offered on or through the site, and may also disclose such data if required to do so by law or Giulia Hartz determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Giulia Hartz, its employees, users of or visitors to the site, and the public.
You agree that Giulia Hartz may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Giulia Hartz, for which monetary damages would be inadequate, and you consent to Giulia Hartz obtaining any injunctive or equitable relief that Giulia Hartz deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Giulia Hartz may have at law or in equity.
You agree that Giulia Hartz may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.
If Giulia Hartz does take any legal action against you as a result of your violation of these Terms of Use, Giulia Hartz will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Giulia Hartz. You agree that Giulia Hartz will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.
Governing Law Dispute Resolution
You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of Germany. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Giulia Hartz shop and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Giulia Hartz administers and operates the Giulia Hartz site from its location in Berlin, Germany. Although the site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations.
Giulia Hartz reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited.
AI
The Client shall not make use of the design outcome and deliverables to train Artificial Intelligence (AI).
Privacy Prevention
Giulia Hartz actively and aggressively enforces its intellectual property rights to the fullest extent of the law.