General terms and conditions of business

1. Scope of Application
 
These Terms and Conditions (T&C) apply in full and govern your use of this website. They are particularly applicable to all orders placed through the online shop on the website of Evelyn Romasanta (hereinafter referred to as the “Provider”).
By placing an order, you agree to these terms.
Minors or persons under the age of 18 are not permitted to use this website.
 
2. Copyright and Intellectual Property
 
All artworks, art prints, images, texts, and designs on this website are protected by copyright and are the intellectual property of the Provider.
By purchasing an artwork or art print, the buyer acquires ownership of the physical product only — not the rights to reproduce, publish, or use it for commercial purposes.
Any use of the works beyond private purposes, in particular copying, scanning, digital distribution, or commercial use, requires the explicit written consent of the Provider.
 
3. Terms of Website Use
 
a) Ownership and Protection of Content
 
All content published on this website — including but not limited to images, artworks, texts, videos, graphics, logos, and designs — is protected by copyright and owned by the Provider.
Any use, reproduction, storage, distribution, publication, or modification of this content without express written permission is prohibited.
 
b) Permitted Use
 
Use of this website is permitted solely for personal, non-commercial purposes.
It is prohibited to use website content:

• for commercial or promotional purposes,

• to copy or store for resale or redistribution,

• to embed into other websites or digital media,

• to post or alter on social media without prior consent.
   

c) Trademarks and Name Rights
 
The artist’s name, logo, and all associated designations may not be used or altered without prior written consent.
Any representation or use that could create confusion or mislead is prohibited.
 
d) Linking and Embedding
 
Links to this website are permitted, provided they are fair and do not harm the artist’s reputation.
Embedding (of images, videos, or other content) is allowed only with prior authorization.
Deep links that directly reference media files (e.g., image URLs) are not permitted.
 
e) Prohibited Actions
 
Users must not engage in any activity that could impair the website or its functionality, including:

• hacking or technical manipulation,

• automated data extraction (scraping),

• distribution of malware,

• using the site for unlawful or defamatory purposes.
   

f) Third-Party Rights
 
No content may be distributed on or through the website that infringes the rights of third parties (e.g., copyrights, trademarks, or personal rights).
In the event of violations, the Provider reserves the right to take legal action.
 
4. Disclaimer for Website Content
 
The Provider endeavors to review all website content carefully and keep it up to date.
However, no guarantee is given for the accuracy, completeness, or timeliness of the information provided.
The Provider reserves the right to modify or remove content at any time without notice.
No liability is assumed for technical errors, incorrect pricing, outages, or interruptions.
Use of this website is at your own risk.
 
5. Limitation of Liability for Website Use
 
The Provider shall not be liable for any direct or indirect damages arising from the use or unavailability of this website, even if advised of the possibility of such damages.
Liability is limited — to the extent permitted by law — to cases of intent and gross negligence.
The Provider assumes no responsibility for the content of external links; the operators of linked sites are solely responsible for their content.
 
6. Offer and Conclusion of Contract
 
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
A binding contract is formed when the Provider accepts the order by sending an order confirmation via email.
The Provider reserves the right to limit or reject orders that appear, at its sole discretion, to be placed by dealers, resellers, or distributors.
 
7. Prices and Payment Terms
 
All prices are stated in euros and do not include shipping costs unless otherwise indicated.
Payment is made via the payment methods specified in the shop (credit card, PayPal).
Orders will be processed only after successful receipt of payment.
 
8. Delivery and Shipping
 
Delivery is available worldwide through the specified shipping providers.
Shipping costs are displayed during the ordering process and are borne by the buyer.
Any customs, tax, or import fees for deliveries outside the EU are the responsibility of the buyer.
Delivery times may vary depending on the destination.
 
9. Right of Withdrawal and Returns
 
Custom-made or personalized products are excluded from the right of withdrawal.
 
10. Retention of Title
 
Goods remain the property of the Provider until full payment has been received.
 
11. Liability
 
The Provider is liable only for damages resulting from intent or gross negligence.
No liability is assumed for slight negligence unless essential contractual obligations are violated.
 
12. Indemnification
 
You hereby indemnify and hold the Provider harmless from and against any and all liabilities, costs, claims, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
 
13. Severability Clause
 
If any provision of these Terms is found to be invalid under applicable law, such provision shall be deleted without affecting the validity of the remaining provisions.
 
14. Applicable Law
 
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is the registered office of the Provider, where legally permissible.