Terms and Conditions
**OVERVIEW**
Welcome to acbrunefineart! The terms "we," "us," and "our" refer to acbrunefineart.
acbrunefineart operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). acbrunefineart is powered by Wix, which enables us to provide the Services to you.
The following terms and conditions, along with all policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting or using our Services, or by interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
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**SECTION 1 – ACCESS AND ACCOUNT**
By agreeing to these Terms and Conditions, you confirm that you are at least of legal age in the state or province of your residence and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online shops or to purchase the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You confirm that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activities in your account. You may not transfer, sell, assign, or license your account to any third party.
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**SECTION 2 – OUR PRODUCTS**
We have made every effort to accurately represent our products and services in our online shops. Please note, however, that colors or the appearance of products may differ from their representation on your screen, depending on the type of device you use to access the shop and the settings and configuration of your device.
We make no warranty that the appearance or quality of any products or services you purchase will meet your expectations or correspond to the images or representations in our online shops.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
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**SECTION 3 – ORDERS**
When you place an order, you are making an offer to purchase. acbrunefineart reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until acbrunefineart confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as acbrunefineart may not be able to accommodate cancellation requests after an order has been accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of ordering.
Returns or exchanges of your purchases are governed exclusively by the provisions of our right of withdrawal.
You represent and warrant that your purchases are intended for your personal use or use within your household, and not for commercial resale or export.
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**SECTION 4 – PRICES AND BILLING**
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping charges, handling fees, customs duties, or import levies.
Prices listed in our online shops may differ from prices in our physical stores or in online shops and other stores operated by third parties. We may from time to time offer promotions in connection with our Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.
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**SECTION 5 – SHIPPING AND DELIVERY**
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the goods over to the shipping carrier, ownership and risk of loss pass to you.
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**SECTION 6 – INTELLECTUAL PROPERTY**
Our Services, including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of acbrunefineart, its affiliates, or its licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of acbrunefineart, Wix, or any third party, nor shall it be construed as granting such license or right. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to acbrunefineart.
The names, logos, product and service names, designs, and slogans of acbrunefineart are trademarks of acbrunefineart or its affiliates or licensors. You may not use these marks without the prior written permission of acbrunefineart. The name, logo, product and service names, designs, and slogans of Wix are trademarks of Wix. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
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**SECTION 7 – OPTIONAL TOOLS**
You may receive access through the Services to customer tools offered by third-party providers. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We accept no liability for any damages arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the relevant third-party tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms and Conditions.
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**SECTION 8 – EXTERNAL LINKS**
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. When you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damages in connection with your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the policies and practices of any third party before entering into a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
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**SECTION 9 – RELATIONSHIP WITH WIX**
*[NOTE FOR THE MERCHANT: This section accurately describes the relationship between Wix and your shop and should not be removed or altered.]*
acbrunefineart is powered by Wix, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with acbrunefineart. By using the Services, you acknowledge that Wix is not responsible for any aspect of sales between you and acbrunefineart, including any injuries, damages, or losses arising from the purchase of products and services. You hereby expressly release Wix and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with acbrunefineart.
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**SECTION 10 – PRIVACY POLICY**
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed at www.acbrunefineart.com/privacy-policy. By using the Services, you confirm that you have read this Privacy Policy.
As the Services are hosted by Wix, Wix collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is transferred to and shared with Wix and third-party providers, who may be located in a country other than your country of residence, in order to provide services to you.
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**SECTION 11 – FEEDBACK**
If you send, upload, post, submit by email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including for commercial purposes. We may exercise our rights under this license, for example, to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay you any compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions, but we are not obligated to do so.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy rights, personality rights, or any other individual or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for any Feedback posted by you or any third party.
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**SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS**
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
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**SECTION 13 – PROHIBITED USES**
You may only use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar unsolicited messages; (h) to impersonate or attempt to impersonate any natural or legal person; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm acbrunefineart, Wix, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spam, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g. agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authentication features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
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**SECTION 14 – AGENTS**
14.1 This section ("Agent Terms") applies when you use, permit, enable, or cause an agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person, and that may be executed on behalf of or using a person's device without direct supervision.
14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements of Section 14.4 below. Furthermore, no agent is permitted to access, use, or interact with the Services if we have instructed it to cease accessing, using, or interacting with a Service.
14.3 We may, including through technical measures, restrict whether and how an agent accesses, uses, and interacts with the Services.
14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) must not conceal or obscure that accesses, uses, or interactions originate from an agent, for example by (a) mimicking human behaviors and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures designed to prevent, restrict, modify, or control whether and how agents access, use, or interact with Wix Services.
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**SECTION 15 – TERMINATION**
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
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**SECTION 16 – DISCLAIMER OF WARRANTIES**
The information provided on or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
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**SECTION 17 – LIMITATION OF LIABILITY**
TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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**SECTION 18 – INDEMNIFICATION**
You agree to indemnify, defend, and hold harmless acbrunefineart, Wix, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated herein by reference; (2) your violation of any applicable law or the rights of any third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a delay in notification shall not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.
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**SECTION 19 – SEVERABILITY**
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
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**SECTION 20 – WAIVER; ENTIRE AGREEMENT**
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules we post on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.
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**SECTION 21 – ASSIGNMENT**
Without our prior written consent, you may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms; any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
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**SECTION 22 – GOVERNING LAW**
These Terms and Conditions, as well as any separate agreements under which we provide Services to you, shall be governed by and construed in accordance with the laws applicable to the federal and state or territorial courts at the registered address of acbrunefineart. You and acbrunefineart consent to the local and personal jurisdiction of such courts.
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**SECTION 23 – HEADINGS**
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
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**SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS**
The most current version of the Terms and Conditions is available at any time on this page.
We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after any changes to these Terms and Conditions have been posted, you agree to those changes.
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**SECTION 25 – CONTACT INFORMATION**
Questions about the Terms and Conditions should be sent to info@acbrunefineart.com.
Our contact details are listed below:
Ann-Christin Brune
Stefanstraße 65, 68753 Waghäusel, Germany
+4915129639651