BraeuNERD > Terms & Conditions

Last update: 08 October 2021

Thanks for visiting BraeuNERD.com. Throughout these Terms & Conditions the terms “this website”, “Service”, “we” and “our” will refer to BraeuNERD.com.

It is important to us that you have the best experience possible while using BraeuNERD.com (“this website”) and that you are aware of the terms of use that apply to your use of this website. Please read these Terms and Conditions carefully before accessing or using our website. By using this website, you are agreeing to be bound by the following Terms and any additional policies and practices set forth by this website.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms of Use will mean that you accept those changes. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.

If you do not agree to these Terms of Use, you should discontinue viewing this website and not purchase products or services from this website.

Photographs, Illustrations, and Products

All the photographs and illustrations featured on this website were created by María Braeuner (unless otherwise stated) and are the exclusive property of María Braeuner. Photographs, other artwork, and merchandising products by María Braeuner may be purchased in the formats and for the prices set forth elsewhere on this website, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests. Prices are subject to change without notice.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Payments and fees

We may provide paid products and/or services within the website. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we currently work with are:

You may choose to save your information when making a purchase for future orders and charges associated with this website. In such a case, you also acknowledge and agree that this information will be stored and processed by secure third-party service providers. For more information on data storage and your rights over your data, you can read our Privacy Policy here.

When you order a Product or a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. By placing an order through the website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. With regard to payment methods, you represent to us that the billing information you supply is true, correct, and complete and to the best of your knowledge the charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

Returns and Refunds

All orders of Fine Art photographs and puzzles and other products in the Fine Art Shop are fulfilled by Pixels.com/FineArtAmerica, and the refunds, returns and/or exchanges are under their own policies. Other products in the Shop are fulfilled by Printful, and the refunds, returns, and/or exchanges are under their own policies.

Website content

All of the content on this website, including the photographs and text, is owned by María Braeuner (unless explicitly stated otherwise) and may not be used or reproduced without our prior written approval.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of this website, its contents, and its services and products without express written permission by us.

Reservation of Copyright and All Rights

All rights to all the images on this website are reserved by María Braeuner and are protected by international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way without the prior written approval of María Braeuner or authorized representatives.

Purchase does not convey copyright

Your purchase of a print or other products from BraeuNERD.com is a purchase of an authorized physical copy (or copies) of the artwork, not of copyright in that photograph or any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by María Braeuner, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of María Braeuner or her representatives.

This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.

This means: You may not use any images from BraeuNERD.com, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from María Braeuner (for example through a contract when it comes to BraeuNERD’s Services, or by purchasing the licenses through María Braeuner’s representatives or herself). Such prohibited uses include – but are not limited to – use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform; on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications; in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph does not exempt you from these restrictions and is not permitted without prior written approval.

If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.

Affiliate links

This website includes links to third-party merchant websites supplying goods and/or services.

We may earn fees from a merchant if you click on that merchant’s link on our website and subsequently make a purchase on the merchant’s website, or if you use a relevant promotional code published on our website when making a purchase on the merchant’s website.

You acknowledge that we do not vet third party merchants; we do not check, audit, monitor or control the identity, creditworthiness, or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites; we are not a party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third-party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.

We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.

Disclaimers

The content of this website is provided “as is” and “as available” without warranties of any kind, express or implied. Products purchased from this website are sold “as is” and without warranties of any kind, express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. We are not responsible for any direct, indirect, incidental, consequential, special, punitive, or other damages, whether arising out of contract, negligence, strict liability, or other theory, in connection with this website, the content herein, and/or the products we sell and/or describe on this website, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.

Neither we nor our representatives shall be responsible or liable for any damages of any kinds including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

International visitors

From wherever you are visiting this website you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you.

Services Terms & Conditions

Deposits

For BraeuNERD Illustration Services, our policy is:

  • A non-refundable deposit of an amount up to 50% (negotiable at first meeting) is expected after signing the contract. María Braeuner will begin working on the products and services required once this deposit is received.
  • The 50% of the remaining balance is payable at the completion of the project as will be specified in each individual contract and is necessary to receive your final products/services.

Payments Accepted

Payments will be accepted via PayPal (online), Stripe (online), or bank transfers. Other options might be available upon request. Payments are due according to the schedule noted above and our specific contract.

Cancellation and Refund Policy

As stated above, the initial deposit is non-refundable. After this, you can cancel the project at any time, I will stop the work on your project and cancel the contract, and you will not be charged the remaining 50% of the balance.

IF for any major unexpected reason beyond her control María Braeuner has to cancel a project, you will receive back 100% of what you already invested immediately.

María Braeuner reserves the right to refuse a project for any reason, at any time.

Confidentiality

We recognize, respect, and are compromised to the privacy of your data and the information and data provided for the creation of the required products and services. At BraeuNERD we use all reasonable digital security measures to provide the safety of the information you share with us, including not only personal information but unpublished scientific and technical data as well. BraeuNERD will not share and will not use the information the client provides for the creation of the products and/or services for any other purpose than the creation and fulfillment of the contract. As per our Privacy Policy, all information the client provides will be deleted form BraeuNERD’s archives after the confirmation that the final products have been received. The client always retains all their rights to their information, their work, their data, and any other files or information shared with BraeuNERD. The client, however, does not have copyright over the art itself and BraeuNERD must always be properly credited as per the rights agreed upon each specific situation via a formal contract.

Rights and Uses

Different types of licenses can apply and will be discussed and agreed upon on the first meeting and signed in a contract. However, generally speaking, the client does not have copyright over the art and María Braeuner must at all times be properly credited with the work provided; the client may use the final products/services for the purposes established in the contract but cannot sell the work nor products with the work unless it is allowed in the specific contract between the client and María Braeuner. In all cases, unless otherwise specified in the contract, María Braeuner can always continue to use and showcase the final products on her webpage and social media platforms as samples of her work and promotional content for potential clients. We reserve the right to use other ideas and elements that were rejected in the design process. We reserve the right to use, in all or in part, any written reviews you may provide to us in our advertising and publicity both in print and electronic media.

[gzd_complaints]

Contact Information

Questions about the Terms & Conditions should be sent to us at [email protected].

Scroll to Top