Imprint

  • § 1 Scope and provider

    
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Steffen Müller (hereinafter provider) to you in the version valid at the time of the order.


    (2) Deviating terms and conditions of the customer will be rejected.

    
(3) Please read these conditions carefully before placing an order with Steffen Müller. By placing an order with Steffen Müller, you agree to the application of these Terms of Sale to your order.
(4) On smuller.work I offer you the sale of the following products:


    art prints and design services

    § 2 Conclusion of the contract

    
(1) Contracts on this portal can only be concluded in German and English.

    
(2) In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.


    (3) The customer must have reached the age of 18.

    
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.


    (5) Your order represents an offer to smuller.work to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information required there and clicks the "buy" button in the last order step.

    
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either the goods are sent or a shipping confirmation is sent by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.

    § 3 Prices and shipping costs

    
(1) My prices include the applicable statutory value-added tax and include a flat-rate shipping fee or shipping surcharge.


    (2) Despite my best efforts, a small number of the products in my catalog may be mispriced. I check the prices when I process your order and before I charge the payment. If a product is incorrectly priced and the correct price is higher than the price on the website, I will contact you prior to shipping the item to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price I quoted, I will charge the lower amount and ship the product to you.


    (3) The prices at the time of the order apply. If list prices should be available, the prices of the list price valid at the time of the order apply.

    § 4 Delivery and Cancellation

    
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by smuller.work (e.g. on the respective product detail page). I would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.


    (2) If smuller.work determines during the processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail or by a message in your customer account. The legal rights of the customer remain unaffected.

    
(3) If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address specified by him, although the delivery time was reasonable for the customer deadline was announced, the customer bears the costs for the unsuccessful delivery.

    
(4) Delivery depends on the customer's payment method. In the case of advance payment, the delivery takes place after the payment order has been issued to the transferring bank. When paying by Paypal, credit card, gift card, direct debit, immediate transfer or invoice, the delivery takes place after the conclusion of the contract.


    (5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Steffen Müller. Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before the relevant shipping confirmation has been sent.

    § 5 Customs

    
(1) When you order products from smuller.work for delivery, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.


    (2) Please also note that when ordering from smuller.work you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to me and I would like to make my international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information please read my customs information.

    § 6 Payment

    
(1) The customer can pay for the goods using the following payment methods:
-Paypal
- Credit card

    
(2) Certain payment methods can be excluded by the provider in individual cases.


    (3) The customer is not permitted to pay for the goods by sending cash or checks.

    
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

    
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

    
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after the partial deliveries or goods have been shipped.

    
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer gives the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs for this.

    
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after the goods have been dispatched, without any deduction of any discount.


    (9) If the customer is in default with the payment, the provider reserves the right to assert the damage caused by default.

    § 7 Set-off and right of retention

    
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.


    (2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

    § 8 Retention of title

    Steffen Müller retains ownership of the goods until full payment.

    § 9 Damage in transit

    
(1) If the customer receives the goods with obvious transport damage, the provider asks him to complain about this as soon as possible.

    
(2) If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.

    § 10 Right of Defects

    
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase are based on the statutory provisions: According to this, customers in the European Union have warranty rights for a period of two years from the delivery of the goods in addition to their 30-day return guarantee and may request the repair or replacement of the products purchased on smuller.work if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.

    
(2) In the case of used goods, the warranty period can be shorter than two years.

    
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.

    
(4) If the customer is not a consumer, the limitation period is one year. This applies to the extent that no claims for damages or reimbursement of expenses are asserted for compensation for damage to body and health or for intent or gross negligence.

    § 11 Limitation of Liability (Products)

    
(1) The provider is liable for claims for damages by the customer resulting from injury to life, limb, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.


    (2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.

    
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.

    
(4) The provisions of the Product Liability Act remain unaffected.


    (5) Insofar as the liability of smuller.work is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

    § 12 cancellation policy

    
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

    
(2) Right of Withdrawal


    You have the right to withdraw from this contract within fourteen days without giving a reason.


    The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier delivered the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a goods in several partial shipments or pieces) without giving reasons.

    
To exercise your right of withdrawal you must:

    
Steffen Mueller

    Grupellostrasse 20A 

    40210 Düsseldorf
, Germany

    by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. If you make use of this option, I will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.


    To meet the cancellation deadline, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired and for you to have returned the goods within the period defined below.

    
(3) Consequences of revocation
If you revoke this contract, I have given you all payments that I have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which I received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
I can refuse repayment until I have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.


    You have the goods immediately and in any case no later than 14 days from the day on which you inform us about the cancellation of this contract


    Steffen Mueller

    Grupellostrasse 20A 

    40210 Düsseldorf
, Germany

    to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.


    (4) Exceptions to the Right of Withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of cancellation does not exist or expires with the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;

    
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery;


    for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;


    for services if smuller.work has provided them in full and you have acknowledged and expressly agreed before placing the order that I can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;

    
for the delivery of newspapers, periodicals or magazines;

    subscription contracts (see § 17 Subscriptions);

    and for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

    § 13 Exclusion of the right of withdrawal

    (1) The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;

    
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;

    
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;


    for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.

    § 14 Data protection

    
(1) Should personal data (e.g. name, address, e-mail address) be collected, I undertake to obtain your prior consent. I undertake not to pass on any data to third parties unless you have given your prior consent.

    
(2) I would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, my liability is excluded.

    
(3) Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.


    (4) You have the right to receive complete and free information from smuller.work about the database concerning you at any time.


    (5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.

    § 15 Cookies

    
(1) To display the product range, it may happen that I use cookies. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

    
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

    
(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

    
(4) I would like to point out that some of these cookies are transferred from my server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).


    (5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

    § 16 Place of Jurisdiction and Applicable Law

    
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention.


    (2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

    § 17 Subscriptions

    These TERMS OF USE (the “Agreement”) constitute a legally binding agreement between Steffen Müller, a freelance designer, and the customer, whether personally or on behalf of a legal entity (“Customer”), regarding the access and use of the website: https://www.smuller.work (the “Site”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to comply with all terms, conditions and obligations contained herein will result in Customer being expressly prohibited from using the Website and Customer agreeing to cease use immediately. Thereafter, the relationship between Customer and Steffen Müller terminated and shall have no further force and effect between the parties, except that Customer's obligation to pay Steffen Müller for services rendered shall survive and a continuing obligation of Customer to Steffen Müller represents.

    (1) Subscription

    (1.1) Your subscription remains in effect until canceled. In order to use Steffen Müller's service, you must have internet access and an operational device and provide us with one or more payment methods. “Payment Method” means a current, valid and accepted payment method, which may be updated from time to time and may include payment through your third party account. Unless you cancel your subscription before the billing date, you authorize us to charge the subscription fee to your payment method for the next billing cycle (see “Cancellation” below).

    (1.2) We may offer a range of subscription plans. Some subscription plans may have different terms and limitations, which will be disclosed to you when you sign up or in other communications provided to you. Specific details about your subscription can be found by visiting the smuller.work website and clicking the “Account” link at the top of the pages.

    (2) Billing and Cancellation

    (2.1) Billing Period. The membership fee for the Subscription Service will be charged to your Payment Method on the payment date specified on the Account page. The length of your billing cycle depends on the type of subscription you selected when you signed up for the Service. In some cases, your payment date may change, such as if your payment method is not successfully billed, if you change your subscription plan, or if your paid subscription began on a day that is not included in a specific month. Visit the smuller.work website and click the "Subscription" link on the Account page to view your next payment date.

    (2.2) Payment methods. In order to use smuller.work's services, you must provide one or more payment methods. You authorize us to charge any payment method associated with your account if your primary payment method is declined or becomes unavailable to us to pay your subscription fee. You remain responsible for any uncollected amounts. If a payment cannot be successfully processed due to expiration, insufficient funds, or other reasons and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees associated with processing your payment method. Local tax fees may vary depending on the payment method used. Please contact your payment method provider for details.

    (2.3) Updating your payment methods. You can update your payment methods by visiting the Account page. We may also update your payment methods based on the information provided by payment service providers. After any update, you authorize us to continue charging the applicable payment method(s).

    (2.4) Cancellation. You may cancel your subscription at any time and continue to have access to the Services until the end of your billing cycle. To cancel, go to "Subscriptions" on the Account page and follow the cancellation instructions. If you cancel your membership, your account will automatically close at the end of your current billing cycle. To see when your account will be closed, click Subscriptions on the Account page. Without prejudice to the right to terminate for cause, smuller.work may terminate your account upon 30 days' written notice. Cancellation will take effect at the end of your current billing cycle.

    (2.5) Changes to price and service plans. We may, in our sole discretion, change the price of our subscription plans from time to time to reflect the impact of changes in the total costs associated with our service. Examples of cost elements that affect the price of our subscription plans include production and licensing costs, costs of technical provision and distribution of our Service, customer service and other distribution costs (e.g. billing and payments, marketing), general administrative costs and other overhead costs (e.g. rent, interest and other financing costs, costs for personnel, service providers and services, IT systems, energy) as well as government fees, contributions, taxes and duties. Price changes will be effective no earlier than 30 days after notice to you. You can cancel your membership at any time during the cancellation period to avoid future charges.

    (3) Intellectual Property Rights

    Unless otherwise indicated, the Website is the property of Steffen Müller and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Steffen Müller and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the Federal republic of Germany, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Steffen Müller’s express prior written permission. Steffen Müller reserves all rights in the Website, Content and Marks.

    (4) Ownership of Materials

    Notwithstanding Steffen Müller’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Steffen Müller to become the owner of a Project, in whole or in part, rather than Client, Steffen Müller irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Steffen Müller as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Steffen Müller always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

    (5) Third-Party Fonts

    In the event that any Project incorporates fonts that are not owned by Steffen Müller and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Steffen Müller will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Steffen Müller has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

    (6) User Representations

    By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

    (7) Prohibited Activities

    Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Steffen Müller on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Steffen Müller or other users; Interfere with, disrupt or create an undue burden on the Website or Steffen Müller’s networks or servers; Use the Website in an effort to compete with Steffen Müller; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Steffen Müller’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Steffen Müller; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

    (8) Client Feedback

    Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Steffen Müller and Steffen Müller is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Steffen Müller shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Steffen Müller for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

    (9) Management and Oversite

    Steffen Müller reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Steffen Müller further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Steffen Müller, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Steffen Müller and shall be designed to protect Steffen Müller’s rights and property.

    (10) Privacy Policy

    By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the Federal republic of Germany. Access of the Website from other region of the world may result in the applicability of laws, statutes or regulations differing from those of the Federal republic of Germany which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the Federal republic of Germany constitutes express consent of Client to the transfer and processing of data in the Federal republic of Germany. Steffen Müller does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the Federal republic of Germany’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Steffen Müller without parental consent, Steffen Müller shall delete that information as soon as reasonably practical.

    (11) Returns and Refunds

    Steffen Müller reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Steffen Müller are ownership of the company and are prohibited from being used by the Client in any way.

    If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

    Steffen Müller reserves the right to take appropriate legal actions against Client for breach of this paragraph.

    (12) Modification

    Steffen Müller reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Steffen Müller reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

    (13) Connection Interruptions

    Steffen Müller does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Steffen Müller’s control. Client agrees that Steffen Müller shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

    (14) Governing Law

    These Terms of Use shall be governed by and construed in accordance with the federal republic of Germany without regard to conflict of law principals.

    (15) Litigation

    Any legal action of whatever nature shall be brought in the Federal republic of Germany. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

    (16) Disclaimer

    The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Steffen Müller disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Steffen Müller makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Steffen Müller assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Steffen Müller’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Steffen Müller does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

    (17) Limitations of Liability and Indemnification

    Steffen Müller and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, Steffen Müller and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Steffen Müller reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Steffen Müller here under. Client agrees to cooperate with the defense of such claims.

    (18) User Data

    Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Steffen Müller shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Steffen Müller from any such loss or corruption.

    (19) Electronic communications, transactions and signatures

    Client hereby consents to receive electronic communications from Steffen Müller and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Steffen Müller or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

    (20) Showcasing Design Work

    Steffen Müller reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Steffen Müller, which in turn would void the right of Steffen Müller to share or discuss Client's work publicly.

    (21) Miscellaneous

    These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Steffen Müller. Failure of Steffen Müller to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Steffen Müller.

    § 18 Final Provisions

    
(1) Contract language is German.

    
(2) I do not offer any products or services for sale by minors. My children's products can only be purchased by adults. If you are under 18, you may use smuller.work only with the involvement of a parent or legal guardian.


    (3) If you breach these Terms and I do nothing about it, I shall still be entitled to exercise my rights on any other occasion where you breach these Terms of Sale.


    (4) I reserve the right to make changes to my website, rules, conditions including these terms and conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and general terms and conditions in force at the time you place your order, unless a change to these terms is required by law or official order (in which case they will also apply to orders that you have previously made). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

    
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

  • Owner
    Freelance Designer Steffen Müller

    Address
    Grupellostraße 20A in 40210 Düsseldorf, Germany

    Contact
    Phone: +49 (0) 176 307 15 707
    Email: info(at)smuller.work

    Sales tax identification number: DE328011543

    If you send me inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by me for the purpose of processing the inquiry and in the event of follow-up questions. I will not pass on this data without your consent.

    The data entered in the contact form is therefore processed exclusively on the basis of your consent (Article 6 (1) (a) GDPR). You can revoke this consent at any time. An informal message by e-mail to me is sufficient. The authenticity of the data processing operations carried out until the revocation remains unaffected by the revocation.

    The data you enter in the contact form will remain with me until you ask me to delete them, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.