Terms and Conditions

The following terms and conditions are binding to the customer and are accepted by sending the order basket containing digital products (following "image" or "images") at Pixelflora^®.eu (following "agency" or "we"). Any separate terms expressed by the customer have to be approved in written form by the agency and are not effective before that.

1.) Prices
All prices are stated in € [EUR] and are IGIC exempted (= Canary VAT). The customer is responsible for any other additional costs accrued by an order (e.g. applicable taxes in his country).
Payments in other currencies than the Euro are not accepted.

Prices are calculated by the selected size available for an image:


2.) Delivery Costs
There are no delivery costs charged. All images are supplied in a downloadable digital form only, they will not be supplied on a physical medium (e.g. a data cd). After receipt of payment a download link will be available in the customer account [see below 12.) Data Protection and Privacy, Customer Account & Cookies] to download a licensed image.

3.) Payment
Upon pressing the button "order" in the shopping cart, the total order value is due net and can be cleared by:

a) Payment by Credit Card (PayPal)
A credit card payment is processed by PayPal via an online payment gateway on conclusion of the order. PayPal accepts the following credit cards: VISA and Master Card. Other credit cards than the former and / or a manual debiting of credits cards are not accepted. We accept a payment by PayPal up to € 250,00 only and we reserve the right to reject and to fully refund any higher payment. For any higher amount, the customer shall use as payment method international bank transfer.

b) Bank Transfer or GiroPay in € [EUR]
Our full bank details (account number / IBAN and SWIFT / BIC) are stated in the order confirmation which is automatically sent to the customer after completing the order checkout process. All bank costs, local as well as foreign bank costs, have to be paid by the customer. In the note to payee the customer shall state the order number.

The following additional fees have to be added to a payment in order to cover our bank fees, which are not included in the above mentioned foreign bank costs:
Euro-zone countries: € 0,00 (no additional costs)
All other countries (e.g. China, Denmark, Norway, Switzerland, USA, etc.): € 18,00

c) Sending Cash in € [EURO] (only by registered mail) to:
Bjoern Malkmus-Hussein, Calle Flor de Pascua 13, 38314 La Orotava (S/C de Tenerife), Spain

d) Personal Cheques and/or International Money Orders are NOT accepted.

If payment is not received within two (2) weeks after the date of order confirmation, the order will be cancelled automatically in the customer account.

4.) Availability of Ordered Goods
A download link will be available to the customer in his customer account for six (6) months upon receipt of payment of the purchase price. It is the responsability of the customer to download a licensed image within this time frame. On grounds of incidences provoked by third parties (e. g. server failure) or website maintenances performed by the agency, download links may temporarily not be available. Any temporary unavailability will not extend the given time frame of general availabilty of a particular download link.

5.) Order Cancellation/Right of Revocation and Consequences of Revocation
a) Order cancellation
As long as an ordered image licence has not been paid for, no download link for this image will be available in the customer account and the customer may cancel a contract at any time free of charge. A cancellation of the contract must be indicated in writing (e.g. by e-mail, fax, or letter) to the agency's address given below:

PixelFlora.eu
Bjørn Malkmus-Hussein
Calle Flor de Pascua, 13
38314 La Orotava (S/C de Tenerife)
Spain

Besides, all orders without receipt of payment are automatically deleted after 14 days and no separate order cancellation is necessary by the customer.

b) Right of Revocation and Consequences of Revocation
Private customers (i.e. consumers) have a right of revocation within a time limit of 14 days after execution of the order by the agency. All digitally supplied goods are explicitly exempted from the right of revocation once the agency has started executing the contract. An order is understood as executed once a download link has been made available for an ordered product in the customer account. In this case a revocation depends on a written approval by the agency. The customer has to ask the agency in a written form (e.g. by means of email, fax or letter) for such an approval within 14 days after execution of the contract.

Consequences of Revocation
In case that the agency accepts a revocation, on both sides all received benefits have to be returned and any benefits have to be redeemed. If the customer cannot return the received benefits totally or partly, the customer must indemnify the agency to the value of that extent. In all other respects the customer can avoid the obligation of an indemnification by not taking goods into his property. Obligations for reimbursement of payments must be fulfilled within 30 days. This time limit begins for both parties with the acceptance of the revocation by the agency and the communication of acceptance of revocation to the customer in written form by the agency.

Any contracts with commercial customers (e.g. companies) are not covered by this right.

It is understood and agreed by the customer that the contract has been executed by the agency once payment has been received from the customer and a download link to the ordered product has been made available to the customer in the customer account.

6.) Licences
Upon receipt of payment of the purchase price, a royalty-free licence is given to the customer. The licence does not include any property right on ordered products, the property right remains with the agency. The customer will neither gain any property right on compositions containing a licensed image or parts thereof.
a) Permitted Uses
A licence is valid for a single customer only. The licence grants the customer a non-exclusive, worldwide and indefinite right to digitally store and to use, adapt, modify and reproduce a purchased image in printed and online media for private and commerical purposes.
b) Prohibited Uses
It is prohibited to use a licence for the creation of logos or trademarks. The licence does not cover and it is prohibited to resale, sublicense, rent, and transfer an image onto a third party. Solely for the purpose of printing and / or manufacturing customized goods and projects, the customer may transfer an image onto a third party. The third party will not gain any licence right on that particular image and may not use it for any other purpose than the one described aforehand.
It is strictly prohibited to use and modify images in a way which may compromise or defame Pixelflora^®.eu, e. g. in a political, religious or sexual context.
In corporate companies, the licence may be used by a single associated company only. If the licence shall be used by more than one associated company, an additional licence / additional licences have to be acquired.

If a customer wants to use an image beyond the above given licence rights, the customer must ask in written form the agency for a separate contract. In this case separate additional fees for an extended licence will have to be agreed upon between the customer and the agency.

7.) Copyright Credit
The customer has to give a copyright credit for any image published in printed and digital media.
a) Printed Media
Printed media cover all physical products, such as printed editorial publications, cd covers, postcards, posters, toys, t-shirts and other clothing, cups, mouse pads, etc. The image has to be accompanied by an adjacent credit "image © Pixelflora.eu" or "photo © Pixelflora.eu" in such a form, size and color that it is clearly visible by the unaided eye. In printed editorial publications such as books, book covers, journals, magazines, newspapers, press articles and textbooks only, the image credit may be placed on a separate credit page.
b) Digital Media, with exception of digital social media
The image has to be accompanied by an adjacent credit "image © Pixelflora.eu" or "photo © Pixelflora.eu" in such a form, size and color that it is clearly visible by the unaided eye and in a way that the credit can be easily attributed to the image by the visitor of the website. Wherever possible to the customer, the image shall not be made available for download to any user of a website by right-clicking it. In films and videos only, the image credit may be placed in the end credits.
c) Digital Social Media
In digital social media such as Facebook, Google Plus, Instagram, MySpace, Twitter, YouTube, Vimeo, etc., an image may be used with an incorporated copyright mark "© Pixelflora.eu" only. The copyright mark has to be incorporated into the image in such a form, size and color that it is clearly visible by the unaided eye and that it cannot be removed from the image without the use of photo editing software.

8.) Warranty
The agency does not warrant that any supplied image will fit the customer's purpose. None of our supplied images is sharpened, retouched, or color enhanced and they are supplied "as seen" and "as is". For the use of small (S) and medium (M) sized images on websites and small printed items (e.g. business cards or post cards), the original image may need some minor photographic changes only, e.g. sharpening or color saturation. This can be easily done with any widely available image editing freeware (e.g. IrfanView). Large (L) and extra large (XL) images to be used for large printed items with a high resolution will usually require some professional image editing software.
The agency does not give any warranties on correct keywords and descriptions of any image presented on the agency's website.

9.) Liability
The agency does not hold liability for any costs, damages or losses arising from downloading and / or using and / or modifying an image. Under all circumstances the liability is limited to the purchase price of any particular image.

10.) Complaints
All offered images have passed a thorough quality control. If any image may appear of unsuitable quality, the customer may contact the agency in written to find an acceptable solution for both, the customer and the agency:
http://Pixelflora.eu/shop/customer_account.asp

11.) Duration and Cancellation
The purchased licence is granted indefinitely to the customer and can be used worldwide. In case that the customer uses an image beyond the licence rights [6.) Licences, part a) Permitted Uses] or in a prohibited way [6.) Licences, part b) Prohibited Uses], the agency is entitled to revoke the licence without any indemnification or refund of the purchase price to the customer. In this case, the customer will be informed in written by the agency concerning the licence infringement, and the customer is obliged to immediately discontinue using the image and to delete the digital image stored on all customer's devices and all digital media which are under control of the customer. Depending on the damages caused to the agency by the infringement, the agency may take legal measures (e.g. a claim for indemnification) against the customer.

12.) Data Protection and Privacy, Customer Account & Cookies
All personal data and orders are submitted via a secure SSL certificate with an encryption of up to 256 bit, certified by GeoTrust® Inc., 350 Ellis Street, Mountain View, CA 94043-2202, USA.

The customer has to supply personal data to the shop for order processing. The customer can revise his saved data at any time in his customer account by providing his email address and his password supplied by the agency on:
http://Pixelflora.eu/shop/customer_account.asp
In complicance with the law of protection of personal data (Ley 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal), the customer may take his right at any time to access, rectify, cancel or object his personal data by sending an e-mail to the address given on this page:
http://Pixelflora.eu/shop/contact.asp
Any data will be passed onto third parties within legal duties of notification only. Neither bank nor credit card information are stored on our server.

Our website uses session based cookies. Cookies are small text files which are sent to and locally stored on your computer or your device. These cookies are set when you submit a form or login at our website and they will automatically expire after 60 minutes. These functional cookies are essential to make our website work and to use all its' features (e. g. the shopping cart). If you chose to disable cookies on your computer or device, you will not able to submit orders nor will you have access to any download link for a purchased image in your customer account.

13.) Place of Performance and Jurisdiction
The place of performance and jurisdiction for both parties is located within Spain. Only Spanish law is applicable.

14.) Salvatory Clause
Should any of the above terms and conditions become legally ineffective on account of cancellation, other agreements or for other reasons, the ineffective term shall be substituted by an acceptable alternative. In case of any difference between the Spanish, English and German version, the Spanish version will always prevail.

As of 01 December 2018.