transparency

Trust and transparency – two values that are very important to me.
Therefore, you will find here, in the spirit of transparency, all the formalities:
The imprint, the privacy policy and the terms and conditions under which I sell my art.

… if the formalities are arranged, trust is easier 😉 …

imprint

Gratus Art OUe
Executive director: Tamme Maurer
Järvevana tee 9
11314 Tallinn
Estonia
Email: tamme@gratus.art
Phone: +494211676563
Shareholder: Tamme Maurer
Register Court & Register Number:

Responsible for content:

European Commission Online Dispute Resolution (OS) platform for consumers: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer arbitration board.

privacy policy

Privacy Policy

In this privacy policy we inform you about the processing of your personal data.

If you want to change your privacy settings (grant consent or revoke your previously granted consent), click here to change your settings.

Responsible

Gratus Art OUe, Järvevana tee 9, 11314 Tallinn, EE, tamme@gratus.art, +494211676563

Data security officer

You can contact our Data Protection Officer at:

attn. Tamme Maurer,
Järvevana tee 9
11314 Tallinn
Phone: +494211676563
Email: tamme@gratus.art

Hosting

Strato

Our website is hosted by our processor Strato, Strato AG, Pascalstraße 10, 10587 Berlin, Germany.

Connection data are processed to provide and to deliver the website. Data are not stored beyond access for the mere purpose of delivery and provision of the website.

The legal basis of processing is the legitimate interest (absolute technical necessity to provide and to deliver the “website” service which you have explicitly requested by visiting the website according to Article 6 (1) (f) GDPR.

Connection data and other personal data are also processed in connection with various other functions or services in order to operate the website. Detailed information is provided in this Data Privacy Statement and in the individual functions or services.

Contact Form

You can contact us by using a contact form provided on our website. After submission of the contact form, the controller will process the personal data you have provided for the purpose of handling your request on the basis of your consent which you have given by submitting the form according to Art. 6 (1) (a) GDPR, until revocation.
You have no legal or contractual obligation to provide personal data. If you do not provide such data, you are simply not able to submit and we are not able to process your request.

Registration Form

You can register on our website. After you have registered, we will process the data provided in the registration form for the performance of the contract based on the contract concluded with us with your registration according to Art. 6 (1) (b) GDPR.

You have no legal or contractual obligation to provide personal data. You simply cannot register for the service if you do not provide such data.

Data are not transferred to third parties.

Comments Form

By commenting our products, postings, photographs or videos we will process your personal data for the purpose of imaging your comments on our website and internal documentation of the legal basis of the contract concluded according to Art. 6 (1) (b) GDPR (gratuitous hosting contract to image your commentation on our website). We will publish your name and comment on our website and store your personal data until deletion of your comment.

Web Fonts

Google Fonts

We process connection data and browser data in cooperation with our processor Google Fonts, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, in order to provide the fonts which the web browser needs to display the website. This data is processed only for the time needed to select and transfer the fonts.

The legal basis of processing is the legitimate interest (absolute technical necessity to provide and to deliver the “website” service which you have explicitly requested by visiting the website according to Article 6 (1) (f) GDPR.

Any further independent processing of data by Google Fonts is carried out by Google as sole controller. Detailed information is provided in the Data privacy policy and in the FAQ of Google Fonts.

Web Shop

You can buy products directly via our webshop. If you do so, the data you provide and the data of the products you have selected will be processed by the controller in order to provide you with an offer, for the conclusion of the contract, for the performance of the contract and for the fulfillment of post-contractual obligations prior to the conclusion of the contract based on the pre-contractual relationship initiated by you and, after conclusion of the contract, based on the contract according to Art. 6 (1) (b) GDPR.

If you use an already existing customer account to buy our products or have created a customer account to buy the products, your personal data will be processed until you delete your customer account.

When customers buy our products via a guest checkout, their personal data will be processed until the legal retention periods have expired.

Your data are processed for the purpose of direct marketing in a manner compatible with the purpose of performing the contract in forms not requiring consent, such as addressed advertising materials sent by post, until you object.

You have no legal or contractual obligation to provide personal data. However, the provision of data is necessary for the conclusion of the contract. If you do not provide such data, a contract cannot be concluded.

Shopping carts of non-registered users will be deleted after 14 days, at the latest. User accounts of registered users are active until the account is deleted by the user. Contract data are processed until the limitation period of potential post-contractual obligations has expired.

Payments are processed via:

Service:Amazon Pay
Provider:Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxenburg

Service: Google Pay
Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

Service: PayPal
Provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxenburg

Service: Stripe
Provider: Stripe,Inc. 185 Berry Street, Suite 550, San Francisco, CA 94107, USA

Analysis Services

Google Analytics

If you give your consent, we will process your personal data in cooperation with the service Google Analytics, Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA, as joint controllers for the purpose of failure analysis and statistical analysis of our website. A failure to give consent will have no immediate impact on the function of the website, although a lack of statistic data will make it more difficult for us to sophisticate the website. You can revoke your consent by changing the settings at Privacy settings.

We will enable the service to collect connection data, data of your web browser and data of accessed content and to execute analysis software and to store data on your terminal device. The service anonymizes collected data immediately after such data were collected and provides us with statistics for analysis containing anonymous data. We use these statistics for failure analysis and for the sophistication of our website. Data on your terminal device are kept for up to two years.

The legal basis of processing is your consent according to Article 6 (1) (a) GDPR. The Google group transfers your personal data to the USA. The legal basis for data transfer to the USA is your consent in accordance with Art. 49 Para. 1 a in conjunction with Art. 6 Para. 1 a GDPR. Before you gave your consent, you were informed that the USA does not have a data protection level that complies with EU standards. In particular, US intelligence agencies can access your data without being informed about it and without you being able to take legal action against it. For this reason, the European Court of Justice ruled in a judgment that the previous adequacy decision (Privacy Shield) was invalid.

Ads, Profiling, Tracking, Retargeting

Facebook Pixel

If you have given your consent, we will process your personal data in cooperation with Facebook Pixel, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as joint controllers for the purpose of providing personalized ads and measuring our advertising success.

There will not be any direct impact on the function of the website if you do not give your consent, although we will not be able to provide you with personalized ads on your device if you do not consent. You can revoke your consent by changing the settings at Privacy settings.

We will enable the service to collect connection data, data of your web browser and data of accessed content. We also enable the service to execute a tracking and recognition software and to store data on your device. The tracking and recognition software then allows the service to enhance its advertising network and to recognize you when you visit other websites or to provide personalized ads. We also use the collected data also to measure our advertising success. Data on your device are kept for up to two years.

The legal basis of processing is your consent according to Article 6 (1) (a) GDPR.

The Facebook group transfers your personal data to the USA. The legal basis for data transfer to the USA is your consent in accordance with Art. 49 Para. 1 a in conjunction with Art. 6 Para. 1 a GDPR. Before you gave your consent, you were informed that the USA does not have a data protection level that complies with EU standards. In particular, US intelligence agencies can access your data without being informed about it and without you being able to take legal action against it. For this reason, the European Court of Justice ruled in a judgment that the previous adequacy decision (Privacy Shield) was invalid.

Newsletter Services

Service: MailerLite Inc
Operator: MailerLite, Jono Basanaviciaus str. 15, LT-03108, Vilnius, Lithuania
Privacy Policy: https://www.mailerlite.com/legal/privacy-policy

Right to object

You have the right to object to processing if your personal data is processed based on legitimate interests.

We will then cease the processing carried out on this basis, unless there are compelling and legitimate reasons for us to do so.

You have the right to object to the processing of your personal data for the purpose of direct marketing. In this case, we will cease the processing of your personal data for the purpose of direct mail.

The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Withdrawal

You have the right to withdraw your consent at any time by changing the settings at Privacy settings.

If you have given your consent to receipt of advertising by email, you may withdraw your consent by clicking the unsubscribe link. In this case, we will cease the processing operations, unless there is any other legal basis.

The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Right to data subject

You have the right to access to, rectification, erasure and restriction of processing of personal data.

You have also the right to data portability if the processing of your personal data is based on your consent or on a contract concluded with you.

You have also the right to lodge a complaint with the supervisory authority. If you need more information on the supervisory authorities in the European Union, go to here.

terms and conditions

General Terms and Conditions (including information for customers)

1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Product warranty, guarantee
9. Liability
10. Storage of the contract itself
11. Closing remarks

1. Applicability

1.1. The business relationship between Tamme, Gratus Art, Tallin (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.

1.2. Please address any questions or complaints to our customer service department, who are available via email to [tamme @ gratus.art].

1.3. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in (as defined in § 13 BGB).

1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honoured unless the vendor expressly consents to the validity thereof.

2. Offers, service descriptions
The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.


3. Order process, conclusion of the contract
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the [Add to basket] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.

3.2. When the customer clicks the [Place order (payment will be taken)] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.

3.4. If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.

4. Prices, delivery costs

4.1. All prices indicated on the vendor’s website are inclusive of statutory value-added tax (VAT) at the valid rate.
4.2. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.

5. Delivery, product availability
5.1. If the customer selects advance payment delivery will occur further to receipt of the invoice amount.

5.2. The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments already made by the customer will be refunded without delay.

5.3. The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.5.4. Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.

6. Terms of payment
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.

6.2. If payment on account is available payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.

6.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.

6.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.

6.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.

6.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.

7. Retention of title

The vendor retains the title of the goods supplied until such time as full payment has been made.

8. Product warranty and guarantee
8.1. The vendor offers a warranty as required under statutory regulations.

8.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.

9. Liability
9.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.

9.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.

9.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.

9.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.

9.5. Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.

10. Storage of the contract itself
10.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).

10.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.

11. Closing remarks
11.1. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a businessperson, a legal entity under public law or a special asset under public law.

11.2. The language of the contract is German.

11.3. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

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