Article 1 - Definitions
Within this document, the following terms are defined as outlined below:
Merchant: The natural or legal person who offers consumers and companies products and/or services remotely; < >Contracting party:
The natural person who is not acting on behalf of their professional position or company and concludes a remote agreement with the merchant; The natural or legal person who acts on behalf of their professional position or company and concludes a remote agreement with the merchant;
Remote Agreement: An agreement made exclusively through use of one or more means of remote communication for the remote sale of products and/or services within the framework of the system established by the merchant. The contracting party commissions ShutterToons.com to produce and send one or more products via the website ShutterToons.com;
Period of Reflection: The term in which the contracting party may make use of their right of withdrawal;
Right of Withdrawal: The opportunity extended to the contracting party to terminate the remote agreement within the period of reflection;
Day: Calendar day;
Transaction Duration: A remote agreement concerning the recurring delivery of products and/or services for which the supply commitment and/or the supply provision obligation is spread over time;
Durable Data Carrier: Any means which allows the contracting party or the merchant to save personal information in a way which makes it possible to access an unaltered version of this information at any time in the future.
Article 2 - Identity of the Merchant
EK Contracting Inc Operating d/b/a Shuttertoons.com
10 Maple Ave N
Lehigh Acres, Fl 33936
Telephone number: 239-222-3509
Monday to Friday, 7:30 AM to 4:30 PM
Email address: email@example.com
Article 3 - Applicability
Be advised: Products from ShutterToons.com are personalized and therefore may not be returned.
These terms and conditions apply to the merchant’s entire stock and to each remote agreement concluded between the merchant and the contracting party. Prior to the conclusion of a remote agreement, the text of this document will be made available to the contracting party. Should this not be reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions are available from the merchant will be communicated to the contracting party and should the contracting party wish to have a copy, one can be sent as quickly as possible at no cost. In the event that this is not reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions are available from the merchant will be communicated to the contracting party and should the contracting party wish to have a copy, one can be sent as quickly as possible at no cost. If the remote agreement is concluded electronically, then in deviation from the sub-article above, prior to the conclusion of the remote contract the text of these terms and conditions will be made electronically available to the contracting party in such a way that the contracting party can simply save the information on a durable data carrier. In the event that this is not reasonably possible, prior to the conclusion of the remote agreement the fact that the terms and conditions can be viewed electronically will be communicated to the contracting party and should the contracting party wish to have an electronic copy, one can be sent as quickly as possible at no cost. Should specific product and/or service conditions be applicable in addition to these terms and conditions, the second and third sub-articles remain applicable and in the event that certain terms are contradictory, then the contracting party may refer to the applicable conditions which are most favorable to the contracting party.If a faulty good is delivered, the contracting party needs to get in contact with shuttertoons.com by phone (239-222-3509), email (firstname.lastname@example.org).
Article 4 - Products
When a product has limited validity or conditions associated with it, this is expressly stated in the product description. <!-- -->Products and/or services are accompanied by a complete and accurate description of the item on offer. The description is detailed enough to make it possible for the contracting party to evaluate the product adequately. If the merchant makes use of images, these will be a reliable representation of the product and/or service on offer. Apparent errors or mistakes in the items on offer do not legally bind the merchant. <!-- -->Each item description contains enough information that it is clear to the contracting party what rights and obligations are associated with acceptance of the product and/or service on offer. These include: <!-- dir="LTR"-->
The price, including taxes; <!-- -->Any associated shipping costs; <!-- -->The manner in which the agreement is to be concluded and the actions necessary to do so; <!-- -->The applicability of any right of withdrawal; <!-- -->The method of payment, shipping or execution of the agreement; <!-- -->The period in which acceptance of the offer, including the price, remains valid; <!-- -->The rates for remote communication should costs for use of remote communication technology be calculated based on methods other than a basic rate; <!-- -->How the contracting party may access an agreement should the agreement be archived upon its conclusion;<!-- -->How the contracting party can access information regarding the conclusion of an agreement for actions which are not desirable to the contracting party and the manner in which the contracting party may cancel this agreement before it is concluded; <!-- -->Any languages other than English in which an agreement may be concluded; <!-- -->The code of conduct which binds the merchant and the manner in which this code of conduct may be accessed electronically by the contracting party; and <!-- -->The minimum duration of the remote agreement should the agreement involve continuous or periodic delivery of products and/or services?
Article 5 - The Agreement
The agreement, conditional to that specified in sub-article 5.4, will take effect at the moment that the contracting party accepts the product and/or service on offer and satisfies the associated conditions. If the contracting party has accepted an agreement electronically, the merchant will immediately confirm receipt of acceptance electronically. Until receipt of acceptance has been confirmed, the contracting party can dissolve the agreement.If the agreement is concluded electronically, the merchant will take the necessary technological and organizational steps to protect the transfer of data and ensure that this takes place in a secure web environment. If the contracting party opts for an electronic payment method, the merchant will also take appropriate security measures. The merchant can within legal limits gather information concerning the ability of the contracting party to meet payment obligations, as well as other facts and factors which bear on a concluding a remote agreement responsibly. If based on this information the merchant has grounds not to enter into an agreement, then the merchant is legally motivated to refuse an order or request or to attach special conditions to the fulfillment of an order or request. The merchant will, along with a product and/or service, provide the contracting party with the following information, either in writing or in such a way that the contracting party can easily save the information on a durable data carrier:< >< >The physical address of the merchants location where the contracting party can lodge any complaints; The conditions under which the contracting party may make use of their right of withdrawal, as well as a clear indication of when the right of withdrawal does not apply; Information concerning existing service and guarantees once a purchase has been made; The information addressed in Article 4.3 of these terms and conditions, unless the merchant has provided this information to the contracting party prior to the conclusion of the agreement; The requirements for dissolution of the agreement should the duration of the agreement be longer than one year or for an unspecified period. If the merchant has agreed to recurring delivery of products and/or services, the condition outlined in the previous sub-article only applies to the first instance.
Article 6 - Right of Withdrawal upon Delivery of Products
Article 7 - Property rights
Article 8 - Right of Withdrawal Exceptions
If the contracting party does not have the right of withdrawal, exceptions can be made by the merchant only if the merchant so indicates in a timely manner prior to the conclusion of the agreement. <!-- -->Exceptions to the right of withdrawal are exclusively applicable to products:
Which have been produced by the merchant to specifications agreed upon with the contracting party; <!-- -->Which are clearly of a personal nature; <!-- -->Which due to their nature cannot be returned;<!-- -->Which age or spoil quickly; <!-- -->To which the price is linked to shifts in the financial market over which the merchant has no control; <!-- -->Including single newspapers and magazines; <!-- -->Including audio and video recordings and computer software whose seal has been broken by the contracting party. <!-- -->Exceptions to the right of withdrawal are exclusively applicable to services: <!-- dir="LTR"-->
2. Regarding lodging, transportation, restaurants, or leisure activities which shall be carried out on a certain date or during a certain period; <!-- -->Where service is provided prior to the passage of the period of reflection, with the express consent of the contracting party; <!-- -->Regarding bets and lotteries.
Article 9 - Prices
Prices quoted for products and/or services are in US Dollar
During the period of price validity quoted under products, the prices of products and/or services on offer will not be increased except as a result of changes in VAT rates. <!-- -->In deviation from the previous sub-article, the merchant may offer products and/or services with variable prices if these are linked to shifts in the financial market over which the merchant has no control. The link to shifts in the market and the fact that any prices quoted are merely guide prices will be expressly stated. <!-- -->Price increases implemented within three months of the conclusion of an agreement are only valid if they follow as a result of legal regulations or conditions. <!-- -->Price increases implemented three months after the conclusion of an agreement are only valid if the merchant has expressly stipulated the increase and:
It follows as a result of legal regulations or conditions; or <!-- -->The contracting party is authorized to dissolve the agreement prior to the price increase taking effect.
Article 10 - Conformity and Warranty
Article 11 - Execution and Delivery
Article 12 - Transaction Duration
Article 13 - Payment
Article 14 - Guarantee
Article 15 - Disputes
Article 16 - Responsibilities of the Contracting Party
Article 17 - Intellectual Property and Copyrights
Article 18 - Supplementary or Contradictory Conditions
Supplementary conditions which contradict these terms and conditions may not be disadvantageous to the contracting party and must be recorded in writing in such a way that the contracting party can easily save the information to a durable data carrier.
ShutterToons.com respects the privacy of each site user and ensures that all personal information provided is handled confidentially. When placing an order, we need your name, email address, delivery address and payment information in order to complete the order, inform you of the order status, and send you our newsletter if you have registered to subscribe. Furthermore, we will only make use of this information with the express consent of the customer. ShutterToons.com will not sell personal information to third parties and will make the information available to third parties only insofar as they are involved in completing your order. All your personal information is protected according to the Personal Information Protection Act.
Should there be any questions regarding these terms and conditions or the ShutterToons.com privacy statement, please contact us. Our customer service can assist in furnishing you with information concerning questions about personal details or how to update personal details.