Terms

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.maerzART.com (the/our site).  Use of our site includes accessing, browsing, downloading or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you store or print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Acceptable Use Policy (which forms part of these terms of use and is set out in detail below), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

  • Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

www.maerzART.com is a site operated by maerzART, owner Ilona Maerz (we or us). We are registered in Germany and having our office at Adelheidstrasse 31, 80796 Munich, Germany.

We are a private business.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on them, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge other than where you are required to pay for any services on our site.

We do not guarantee that our site, or any content on them, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in and used on our site, and in the material published on or in them.  Those works are protected by various intellectual property laws, including copyright and trade mark laws, and treaties around the world. All such rights are reserved.

You may not download extracts or copies of any page(s) from our site.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for any purposes including any commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by German law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our site. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (please see below for more details).

If you wish to make any use of content on our site other than that set out above, please contact us on email address contact@maerzART.com

Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and us under which you may access our site and applies to all users of, and visitors to, our site.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • For the purpose of harming or attempting to harm minors in any way.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.

  • Not to access without authority, interfere with, damage or disrupt:

  • any part of our site;

  • any equipment or network on which our site is stored;

  • any software used in the provision of our site; or

  • any equipment or network or software owned or used by any third party.

Content standards

Where applicable, you must comply with the spirit and the letter of the following standards.

Links to our site and content must:

  • Comply with applicable law in Germany and in any country from which they are posted.

And must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence

  • Promote any illegal activity.

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by German law. You and we both agree to that the courts of Germany will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by German law. We both agree to the exclusive jurisdiction of the courts of Germany.

Changes to the terms of this site’s terms of use policy

We may revise this terms of our site’s terms use policy including our Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this terms of use policy including our Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

Contact us

To contact us, please email address contact@maerzART.com

Thank you for visiting our site.

Our Terms of Sale

1.  THESE TERMS

    1.1  What these terms cover. These are the terms and conditions on which we sell and supply our products to you, being limited edition artworks and one-off artworks in the region of €50 to €15000.

    1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end our contract, and other important information.

2.  INFORMATION ABOUT US AND HOW TO CONTACT US

    2.1  Who we are. We are maerzART, owner Ilona Maerz (we or us). We are registered in Germany and having our office at Adelheidstrasse 31, 80796 Munich, Germany.

    2.2  How to contact us. You can contact us by writing to us at email address: contact@ilomae.com.

    2.3  How we may contact you. If we have to contact you we will do so by [telephone or by writing to you at the email address or postal address you provided to us in your order].

    2.4  „Writing“ includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.  OUR CONTRACT WITH YOU

    3.1  How we will accept your order. Our acceptance of your order will take place when we email you your invoice together with your order number, at which point a contract has come into existence between you and us.

    3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this by writing to you at the email address or postal address you provided to us in your order and will not charge you for the product. The reason for not accepting your order may be because the artist is no longer engaged by us, the product is not available, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

    3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

    3.4  We sell to Germany and the EU and certain other countries. Our website is for the promotion of our products in Germany and the European Union and certain other countries.  Please visit our website to see to which countries we deliver our products. Unfortunately, we do not accept orders from countries outside these territories.

4.  OUR PRODUCTS

We offer the following products:

Editions which are artworks that have multiple versions of the same design, but that are limited to a specific print-run. The overall print-run of each edition, as well as the specific number of the individual artwork, are specified in the description as well as being physically labelled on each artwork. Once an Edition has sold out it will never be reproduced or re-printed by the artist unless it is an Artist’s Proof. An Artist’s Proof is a test print, often the first print through the press, produced by the artist, which can be sold at their discretion and will run outside of the numbered print run for that edition. They are usually indicated by the label „A/P“ and will be specified in the cataloguing. All Editions are physically signed by the artist to ensure authenticity. We can also provide certificates of authenticity to support this on request. To request a certificate of authenticity please email contact@maerzART.com.

One-offs which are unique artworks which are never reproduced or copied on our website. They are all made by the hand of the artist and are signed by the artist. Certificates of authenticity can also be provided on request.To request a certificate of authenticity please email contact@maerzART.com

  4.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a [2]% tolerance.

  4.2  Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5.  YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end our contract as provided for under these terms.

6.  PROVIDING THE PRODUCTS

   6.1  Delivery costs. The costs of delivery are as displayed to you on our website, being in any event the following:

For unframed artworks, shipping and packaging within Germany is an added flat fee of €19 and is sent via a tracked and signed for service. Once payment has been received, we will be in touch with you to arrange a shipping date – most shipments are despatched every Tuesday to arrive Wednesday unless requested to delay.

Artworks purchased by buyers outside of Germany can take up to 2 weeks to arrive, depending on their final destination. Shipping is an additional cost for such buyers and will be calculated once you enter your shipping address in the checkout process. Please note that additional import taxes and duties may also apply.

For Framed artworks, shipping and packaging within Germany is an added flat fee of €35 due to the fragile nature of the artwork. For international shipments, your shipping cost will be calculated at check-out once you have entered your address.

We charge a flat fee of €5 for collections, which covers administrative costs and packaging. Collections are possible from our Munich address (Adelheidstrasse 31, 80796 Munich). If you select “Collect” at check-out, we will be in touch by email to arrange a time that suits you.

   6.2  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end our contract and receive a refund for any products you have paid for but not received.

   6.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery, you should contact the shipper (via the slip left) with your tracking number so that you can rearrange delivery. We are not responsible for any costs incurred or damage to the product as a result of your not being at home when the product is delivered and for delivery having to be rearranged.

   6.4  If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract with you.

  6.5  When you become responsible for the products. A product will be your responsibility from the time the product is dispatched to the address you gave us.

   6.6  When you own the products. You own the product you have ordered with us once we have received payment in full.

   6.7  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your email address, postal address, your name and telephone number, as stated on our website. We may also contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end our contract with you or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

   6.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to make changes to the product or your order as requested by you.

   6.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end our contract for a product if we suspend it and we will refund any sums you have paid in advance for the product.

   6.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.

7.  YOUR RIGHTS TO END THE CONTRACT

   7.1  You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end it.

   7.2  Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (c) below it will end immediately and we will refund you in full for any products which have not been provided, namely if:

(a)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c)  you have a legal right to end it because of something we have done wrong

   7.3  Exercising your right to change your mind Once you have received your artwork, you have 14 days to return it to us for a full refund if you are not happy with it. Please note that the artwork must be returned in its original condition and in its original packaging. If your artwork has been damaged during transit then please contact us via the contact page and we will help get to the bottom of it with you. Please be aware that any damage to your artwork that has occurred in transit or during shipping is the liability of the shipping and /or transportation company and we are not responsible and will not be liable to you for any such damage caused.

  7.4  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract after you have received the artwork, but you will have to pay us compensation for all reasonable costs and expenses we will incur as a result of your ending the contract.

8.  HOW TO END THE CONTRACT WITH US

  8.1  Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at contact@maerzART.com. Please provide your reason for ending and your name, home address, details of the order, your phone number and email address.

  8.2  Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

   8.3  When we will pay the costs of return. We will pay the costs of return:

(a)  if the products are misdescribed;

(b)  if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

   8.4  How we will refund you. We will refund you the price you paid for the products, but not including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

   8.5  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

   8.6  When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.

9.  OUR RIGHTS TO END THE CONTRACT

    9.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due;

(b)  you do not provide us with information that is necessary for us to provide the products.

    9.2  You must compensate us if you break the contract If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we have incurred as a result of your breaking the contract.

10.  IF THERE IS A PROBLEM WITH THE PRODUCT

   10.1  How to tell us about problems. If you have any questions or complaints about the product, please contact us at contact@maerzART.com

    10.2  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them in their original condition and in its original packaging. If your product has been damaged during transit then please contact us via the contact page and we will help get to the bottom of it with you.

11.  PRICE AND PAYMENT

  11.1  Where to find the price for the product. Purchase prices are listed next to each artwork and are inclusive of VAT. Pricing is for unframed artworks and does not include import / export duties or shipping. Due to the nature of selling Editions, prices may be subject to change or to dynamic pricing (when prices increase as the Edition nears selling out). We may also offer special offers or discounts at our discretion.

Please note: that import duties into the country of the buyer are an added cost to you and it is the responsibility of the buyer to make sure that these are paid in a timely and correct manner to the appropriate company. maerzART does not accept liability for importation of artworks bought on the website – it is the responsibility of the buyer to ensure that artworks are imported legally into their own country and that the correct duties are paid.

Shipping:

For Unframed Artworks: Shipping in Germany is an added €19 per item on top of your purchase. This includes packaging (a cardboard tube) and artworks will be rolled within the tube. We use a tracked service for shipping and will let you know by email when your artwork has been dispatched along with the unique tracking code. We do not accept responsibility for items that are lost or damaged during shipping. This is the responsibility of the shipping agent and must be disputed directly with them if this occurs.  Overseas shipping will be calculated and added to the price at checkout once you have entered your shipping address. You have the right to cancel your order at checkout should you find that shipping prices are higher than you expected. It is up to you to select the correct shipping option that correlates to your country. If you select the wrong option, we are entitled to contact you via e-mail and ask for you to pay the outstanding shipping cost before we send your item.

Unframed Shipping Prices (added at check-out):

Germany – €19

EU + Switzerland – €35

USA + Rest of World – €55

Framed Shipping Prices (added at check-out):

Germany – €35

EU + Switzerland – €55

Rest of World – €75

    11.2  We may get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. We will not be responsible for any pricing error is obvious and unmistakable and could reasonably have been recognised by you as mis-pricing.

    11.3 When you must pay and how you must pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

    11.4  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

    11.5  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    12.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen.

   12.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products.

   12.3  We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.