General Terms and Conditions
1 Provider and Scope of Application
1.1 A business relationship between Nawratek Media International, represented by Dagmara Nawratek, Scheffelstraße 6, 04860 Torgau, Germany (hereinafter referred to as “NMI”) and the customer shall come into existence when a contract is concluded on the basis of a confirmed order placed on the website www.masterclassmagazine.com, www.masterclassmagazine.de, or www.elitepatronage.com and the following general terms and conditions have been agreed to.
1.2 NMI shall provide the customer with the ordered service in return for payment of the fees specified and stated in the order.
2 Conclusion of contract
2.1 A contract shall be concluded between NMI and the customer when the following conditions are met:
- The customer must provide a billing address and, if applicable, a delivery address in order to receive a gift.
- The customer must confirm the order in the PDF sent by email.
- The customer must confirm the general terms and conditions in the PDF sent by email.
- After confirming the order and the General Terms and Conditions, the customer must sign the PDF document containing the order sent by email and send the signed PDF document to pr@masterclassmagazine.com for orders placed via www.masterclassmagazine.com or www.masterclassmagazine.de, or to pr@elitepatronage.com for orders placed via www.elitepatronage.com.
2.2 The order includes the selection of the services to be provided, their scope, the dates for final delivery and, if applicable, the agreement of individual customer requests with NMI.
3 Prices, terms of payment and payment options
3.1 All prices listed in the order are subject to the small business regulation in accordance with § 19 UstG (German VAT Act). Therefore, no sales tax will be charged.
3.2 All prices listed in the order are quoted in euros and are to be paid accordingly. The customer must ensure that NMI receives the full price in euros in the event of any conversion fees.
3.3 The prices always correspond to the offer that the customer has selected on the websites www.masterclassmagazine.com and www.masterclassmagazine.de under the menu item “Boutique” or on the website www.elitepatronage.com under “Apply to Exhibit,” “Support for Artists,” and “Become a Patron.”
3.4 Prices do not include delivery costs for any gifts from NMI to the customer. If the customer wishes to have the goods delivered, they shall bear the cost of delivery, which shall be carried out by Deutsche Post or DHL. Details shall be agreed individually between NMI and the customer.
3.5 Prices do not include prices for online and print magazines or books. These can be purchased via Amazon under the conditions specified there.
3.6 The customer shall pay the amount specified in the order by bank transfer to NMI’s account. NMI’s account details will be communicated to the customer separately in an email with the invoice.
3.7 The full invoice amount is due immediately upon receipt of the invoice:
- if the customer wishes to publish an article written independently or an advertising banner via NMI.
- if the customer requests NMI to write a business card, article, or interview, or to create an online gallery.
- if the customer wishes to participate in a book project by NMI.
3.8 If the customer fails to pay the invoice, a reminder will be sent 14 days after receipt of the invoice. Reminder fees of 3 euros will be charged.
4 Corrections and additions
4.1 If the service specified in the order has not been provided by NMI, or has not been provided in full, the customer is entitled to corrections or additions until the services specified in the order have been provided in full.
4.2 The customer must notify NMI of their correction and change requests within 7 days of the service being provided in full by sending an email to either pr@masterclassmagazine.com or pr@elitepatronage.com. If the customer expressly and unambiguously confirms that all services have been provided by NMI, or if the customer does not notify NMI of their correction and change requests within 7 days, the services specified in the order shall be deemed to have been provided.
4.3 An extension of the order occurs precisely when the customer requests additional services that were not specified in the previous order. In this case, NMI will invoice the additional services separately.
5 Warranties by NMI
5.1 NMI warrants that
- articles, graphics, photographs, or videos provided by the customer will be used without any changes to their content and will be optimized in terms of layout and spelling for use on websites, in newsletters, online galleries, and online and print magazines.
- articles, interviews, graphics, photographs, or videos created by NMI have been created independently, do not constitute plagiarism or copyright infringement in terms of content and graphics, are true in terms of content and graphics, and respect the rights of third parties.
- all articles and interviews will be translated into German and English.
- articles and interviews will be published in German and English on the English or German Masterclass website, in Masterclass magazines and books, or on the website www.elitepatronage.com, depending on the order.
5.2 NMI does not guarantee the publication of photographs, graphics, and videos that show nudity, as well as articles, interviews, photographs, graphics, and videos that are racist, vulgar, offensive to groups, origins, religions, genders, and ages, and filled with hate speech.
6 Obligations of the customer
The customer is obliged to
- send the signed PDF document (see 2.) immediately by email to pr@masterclassmagazine.com or pr@elitepatronage.com.
- ensure that their name and all other details of their billing and delivery address are correct. The customer must inform NMI immediately of any changes.
- the information provided by them independently in articles, graphics, photographs, or videos is true in terms of content and graphics, does not constitute plagiarism, does not infringe copyright, and does not harm the rights of third parties.
- the information provided by them independently in articles, graphics, photographs, or videos is provided in English, German, or Polish.
- the information that needs to be determined for articles, interviews, graphics, photographs, or videos created by NMI is true in terms of content and graphics.
- provide NMI with all information and materials necessary for the service to be provided without delay.
- notify NMI immediately if additions or changes are to be made to the order.
- notify NMI of any requests for corrections or additions within 7 days of the final delivery of articles and interviews if NMI has not provided the service specified in the order, either in whole or in part.
- graphics, videos, and photographs are provided in a resolution suitable for publication on websites, in newsletters, in online galleries, on social media, and in online and print magazines (further information on this will be provided in consultation with NMI).
7 Copyright, publication, usage, and ownership rights
7.1 NMI reserves the right to decide which content is published and which is not. This applies in particular to content whose publication NMI expressly does not guarantee in 5.2.
7.2 In the case of articles, interviews, graphics, photographs, or videos created independently by NMI for the Masterclass and Elitepatronage websites, social media, online galleries, and the online and print magazine, the copyright, publication, and usage rights remain with NMI.
7.3 In the case of articles, interviews, graphics, photographs, or videos provided by the customer, the copyright remains with the customer. The customer grants NMI limited or unlimited publication and usage rights for newsletters, websites, social media, book projects, advertising materials, online galleries, online and print magazines, and other marketing purposes in connection with the cooperation with third parties within the scope of the services ordered.
7.4 Ownership of gifts handed over or delivered to the customer shall be transferred to the customer at the moment the customer receives the gift from NMI in person or by delivery.
8 Availability and Liability
8.1 NMI shall always endeavor to perform the services specified in the order and to provide them to the customer as agreed. If, due to force majeure or disruptions in the business processes of partners and suppliers, it is not possible to provide the services on time or in full, the customer shall not be entitled to claim damages, a price reduction, or the services themselves for as long as these circumstances persist.
8.2 NMI accepts no liability for damage resulting from the customer’s failure to fulfill their obligations (see 6). The customer shall be solely responsible for any damage incurred as a result.
8.3 NMI accepts no liability in the event that the customer cannot be reached by email and this results in delays in the delivery of the order.
8.4 NMI accepts no liability in the event that any gifts from NMI to the customer are damaged during transport to the customer.
9 Contract term and termination
9.1 The provisions of the contract between NMI and the customer and the general terms and conditions apply in accordance with the services specified in the order and to be provided.
9.2 The customer has the right to terminate the contract 14 days after conclusion of the contract (see 2.). The customer also has a right of termination if NMI does not perform the services specified in the order despite express and clear requests for corrections and changes, or if NMI does not comply with the warranties specified in the general terms and conditions (see 5.).
9.3 NMI has the right to terminate the contract if the customer does not pay the total amount due or does not pay it in full. NMI also has a right of termination if the customer does not fulfill the obligations formulated in the general terms and conditions (see 6.).
10 Data protection
10.1 Customer data, such as name, address or contact details, email address, billing information, and submitted portfolios and resumes, will only be used by NMI within the scope of the services specified in the order, for sending newsletters, and for building a database for artists seeking supporters.
10.2 The use of the websites www.masterclasssmagazin.com, www.masterclassmagazin.de, and www.elitepatronage.com is subject to the data protection guidelines stored there:
11 Final provisions
11.1 The place of jurisdiction shall be the registered office of NMI in the event of disputes arising from the contract concluded.
11.2 If, in the course of placing orders, there are gaps in the general terms and conditions or in the contract concluded between NMI and the customer, NMI and the customer shall work out a mutually acceptable solution to close the gap.
