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TERMS & CONDITIONS

    1. Introduction

    2. These terms and conditions shall govern the sale and supply of downloadable images through our website, and the use of those images.
    3. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
    4. Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

    1. Interpretation

    2. In these terms and conditions:

      1. "we" means The Artful TV (and "us and "our" should be construed accordingly);
      2. "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
      3. "images" means those images that are available for purchase on our website; and
      4. "your images" means any such images that you have purchased through our website.

    1. Order process

    2. The advertising of images on our website constitutes an "invitation to treat" rather than a contractual offer.
    3. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
    4. To enter into a contract through our website to purchase downloadable images from us, the following steps must be taken: you must add the images you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, an account based on your email address is created to send you order status updates, you must consent to the terms of this document and the fact that due to the nature of digital downloads, no returns or refunds are accepted; afterwards our payment service provider will handle your payment, at which point your order will become a binding contract.

    5. After payment confirmation you can access and download the purchased image(s) via

      1. the download link(s) right on the "Thank you for your order" page,
      2. through the "Files ready for download" email sent out to you,
      3. and the "Ordered products" section in your customer account.
    6. You will have the opportunity to identify and correct input errors prior to making your order.

    1. Prices

    2. Our prices are quoted on our website.
    3. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
    4. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

    1. Payments

    2. You must, during the checkout process, pay the prices of the images you order.
    3. Payments may be made by any of the permitted methods specified on our website from time to time.

    1. Licensing of images

    2. We will supply your images to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
    3. Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make use of your images permitted by Section 6.3, providing that you must not in any circumstances make any use of your images that is prohibited by Section 6.4.
    4. The "permitted uses" of your images are:
      1. downloading a copy of each of your images;
      2. storing a copy of each of these images on internal and/or external hardrives you own as backup;
      3. using at cloud backup provider you have an account with for storage

        - as long as access to the images isn't public

        - and file sharing is disabled;

      4. The display of your images on as many Frame TVs simultaneously, or any other TV and/or Digital Screen, as you and/or your immediate family owns personally.
    5. The "prohibited uses" of your images are:
      1. the sale, renting, transferring or broadcasting of any image (or part thereof), and the licensing, sub-licensing, distribution or redistribution of any image (or part thereof);
      2. the editing, modification, adaptation or alteration of any image (or part thereof), and the creation of any derivative work incorporating any image (or part thereof);
      3. the use of any download (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
      4. the use of any image (or part thereof) to compete with us, whether directly or indirectly;
      5. any commercial use of any image (or part thereof); and
      6. the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any image for the purpose of preventing unauthorised use,

      providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

    6. You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your images.
    7. All intellectual property rights and other rights in the images not expressly granted by these terms and conditions are hereby reserved.
    8. The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
    9. If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
    10. You may terminate the licence set out in this Section 6 by deleting all copies of the relevant images in your possession or control.
    11. Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant images in your possession or control, and permanently destroy any other copies of the relevant images in your possession or control.

    1. Guarantee: cancellation right for all customers

    2. This Section 7 applies to all our customers that purchase any image under these terms and conditions.
    3. Due to the nature of digital downloads, no returns or refunds are accepted.
    4. However, if, within 30 days following the purchase of any image, you notify us in writing that you require a refund and we can confirm that you haven't downloaded the image yet or you have ordered the same image twice by accident:
      1. we will promptly refund the corresponding payment to you;
      2. your licence to use the image will automatically terminate,
      subject to the express terms of this Section 7.
    5. The guarantee set out in this Section 7 is subject to the following limitations:
      1. the rights under this Section 7 may only be exercised by a customer in relation to one purchase in each calendar year; and
      2. we reserve the right not to provide a refund under this Section 7 if we reasonably suspect that the refund request amounts to an abuse of this guarantee.
    6. We will usually refund money using the same method used to make the payment.
    7. Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

    1. Warranties and representations

    2. You warrant and represent to us that:
      1. you are legally capable of entering into binding contracts;
      2. you have full authority, power and capacity to agree to these terms and conditions; and
      3. all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
    3. We warrant to you that your images will be supplied to you with reasonable care and skill.
    4. We warrant to you that:
      1. your images will be of satisfactory quality;
      2. your images will match any description of it given by us to you; and
      3. we have the right to supply your images to you.
    5. All of our warranties and representations relating to images are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

    1. Limitations and exclusions of liability

    2. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law,
      and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    3. The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
      1. are subject to Section 9.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    6. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

    1. Variation

    2. We may revise these terms and conditions from time to time by publishing a new version on our website.
    3. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

    1. Assignment

    2. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
    3. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

    1. No waivers

    2. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
    3. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

    1. Severability

    2. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    3. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    1. Third party rights

    2. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    3. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

    1. Entire agreement

    2. Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

    1. Law and jurisdiction

    2. These terms and conditions shall be governed by and construed in accordance with Austrian law.
    3. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Austria.

    1. Statutory and regulatory disclosures

    2. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    3. These terms and conditions are available in the English language only.

    1. Impressum/Imprint in accordance with Austrian Media Law § 25 / E-Commerce Act § 5

    2. Trade name: The Artful TV
    3. Website owner: 
    4. VAT number: 
    5. Address: 
    6. Contact: