Terms of Use

Effective as of 1st January 2019

1. General Information Regarding These Terms of Use

General Information Regarding These Terms of Use

Naughty Angel by gewain

Na Pankraci 877/16

140 00 Prague 4

Czech Republic

EU

– subsequently provider –

§ 1 Scope of application

(1) The services of the supplier for the online shop at naughty-angel.com are exclusively based on the following general terms and conditions in the version valid at the time of the order.

(2) Our general terms and conditions apply exclusively. The general terms and conditions of the customer which deviate from our general terms and conditions of business are not valid, unless we expressly agree to them.

§ 2 Conclusion of contract

(1) Our offers on the Internet represent a non-committal invitation to the customer to order goods or services. By sending the order (click on the „Buy“ button) on our website, the customer submits a binding offer to a contract conclusion.

(2) The confirmation of the receipt of the order follows immediately after the order has been sent and does not constitute a contract acceptance. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail) In which case the receipt of the order confirmation is decisive for you or by delivering the ordered goods, in which case the access of the goods to you is decisive, or by requesting you to pay after the order has been placed (eg with PayPal payment) . If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If we do not declare the acceptance within the aforementioned deadline, this is considered a rejection with the result that you are no longer bound by your declaration of intent.

(3) When submitting an offer via the online order form of the supplier, the contract text is stored by the supplier and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the provider and can be accessed free of charge by the customer via his password-protected customer account, indicating the corresponding login data, if the customer has created a customer account in the online shop of the provider before sending his order.

(4) Before binding the order via the customer’s online order form, the customer can correct his / her input continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.

(5) The following languages are available for the conclusion of the contract:

English

§ 3 Revocation right

Consumers are generally entitled to a right of revocation. For more information on the right of revocation, please refer to our Cancellation Terms.
The right of revocation shall not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

§ 4 Payment, delay

(1) The prices listed on the website apply at the time of the order. All prices include VAT, without shipping costs.

(2) The payment of the purchase price is possible by credit card and with PayPal. When you select the payment type „PayPal“, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Service, can be viewed at https://www.paypal.com. 

(3) If the customer is in default of payment, we are entitled to demand default interest at the rate of five percentage points above the base rate of the European Central Bank. In the event that we are asserting further default damages, the Purchaser has the opportunity to prove that the alleged damage caused by default is not at all or at least substantially lower.

§ 5 Reservation of title

(1) Compared to consumers, the seller reserves the right to ownership of the delivered goods until full payment of the purchase price owed.

(2) In the case of entrepreneurs, the seller reserves the right to ownership of the delivered goods until full settlement of all claims arising from a current business relationship.

(3) If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the proper business. All claims arising therefrom against third parties shall be paid in advance to the seller in the amount of the respective invoice value (including value-added tax). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The power of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default with payment and no application for opening insolvency proceedings is filed.

§ 6 Delivery

(1) The delivery is generally made within 10 working days after the buyer has commissioned the payment. We may refer to the respective product page for possible differing delivery times. The commencement of the specified delivery time requires the timely and proper fulfillment of the customer’s obligations, in particular the correct indication of the delivery address within the scope of the order.

(2) In the case of goods delivered by forwarding agency, delivery shall be „free of charge“, that is to say the nearest public curb to the delivery address, unless otherwise specified in the seller’s description of the goods and unless otherwise agreed.

(3) In the event that the supplier is unable to fulfill his contractual obligations due to no fault of his own for the delivery of the ordered goods because his own supplier does not fulfill his contractual obligations, the customer will be immediately informed that the ordered goods are not available. Contracts already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.

(4) The risk of the deterioration or the loss of the goods is transferred to the customer as soon as the delivery item has been handed over to the transport company. If the delivery or dispatch is delayed for reasons for which the purchaser is responsible, the risk shall pass to the purchaser on the day of the notification of the readiness for dispatch of the delivery item.

(5) In the case of self-collection, the seller first notifies the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods after consultation with the seller at the seller’s place of business. In this case, no shipping costs will be charged.

§ 7 Delay in Acceptance

(1) If the customer is in default of acceptance or if he culpably violates other cooperation obligations, the supplier is entitled to demand compensation for the resulting damages, including possible additional expenses. We reserve the right to make further claims. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, unless the performance had announced a reasonable time before.

(2) The purchase price is to be paid interest during the delay. The interest rate is five percentage points higher than the base rate per anno. In the case of legal transactions between entrepreneurs, the interest rate is eight percentage points above the base rate.

(3) The customer shall, for his part, reserve the right to prove that a loss of the requested amount has not occurred or at least substantially lower. The risk of a accidental loss or accidental deterioration of the purchased goods shall pass to the purchaser at the time at which the buyer is in default of acceptance or default.

§ 8 Warranty

If the purchase is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:

(1) For entrepreneurs
– an insignificant defect does not in principle constitute deficiency claims;
– the seller has the choice of the type of supplementary performance;
– in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
– in the case of used goods the rights and claims due to defects are excluded in principle;
– the limitation period shall not begin again if a replacement delivery takes place within the scope of the defect liability.

(2) For consumers, the limitation period for claims for warranties of used goods is one year from delivery of the goods to the customer, with the restriction of the following number.

(3) The above limitation of liability and limitation periods shall not apply
– for items which have been used for a building according to their usual usage and which have caused their defect,
– for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty on the part of the seller or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the seller,
For other damages which are caused by an intentional or grossly negligent breach of duty on the part of the seller or a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of the user;
– in the event that the Seller has maliciously concealed the defect.

(4) If the customer acts as a consumer, he is asked to complain to the supplier of goods delivered with apparent transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.

§ 9 Data Protection

We treat your personal data confidentially and according to the legal data protection regulations. The transmission of your data without your express consent is not possible or only within the scope of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. For more information, please refer to our privacy policy

Creative Commons does not operate the website at http://ccmixter.org

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

4. No Legal Advice

Naughty Angle by gewain is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Prohibited Conduct

You agree not to engage in any of the following activities:

  • Violating laws and rights:
  • Solicitation
  • Disruption:
  • Harming others:
  • Impersonation or unauthorized access:

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAUGHTY ANGEL BY GEWAIN OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NAUGHTY ANGEL BY GEWAIN DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAUGHTY ANGEL BY GEWAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

Copyright Complaints

Naughty angel by gewain respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by Naughty angel by gewain

Please note that Naughty angel by gewain does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.

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