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General terms and conditions

Introduction

This website is operated by Stephen Paki. Throughout the site, the terms “we”, “us” and “our” refer to abrokensleep.com. abrokensleep.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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.

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

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. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall abrokensleep.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless abrokensleep.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Terms and conditions of webstore

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

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).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.   Scope

2.   Contracting party

3.   Contract

4.   Withdrawal

5.   Prices and shipping costs

6.   Delivery

7.   Orders and Returns

8.   Payment

9.   Ownership

10. Dispute settlement

Terms and Conditions

1. Scope

1.1These General Terms and Conditions (GTC) apply to all deliveries made by abro-kensleep.com. (hereinafter referred to as abrokensleep.com) to consumers. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be predominantly attributed to his or her commercial or self-employed professional activity.

1.2 These terms and conditions do not cover personalized art commissions or services. This information can be found here: abrokensleep.com/services.

2. Contracting party

The purchase contract is concluded with abrokensleep.com., owner: Stephen Paki, c/o IP-Management #21319, Ludwig-Erhard-Str. 18, 20459 Hamburg.

3. Contract

3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.

3.2 By clicking on the button [Buy/order for a fee] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by means of an order confirmation email immediately after receipt of your order.

4. Withdrawal

4.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), and based in the EU (European Union) you have a right of withdrawal in accordance with the statutory provisions. For consumers outside of the EU, unfortunatly there is no guarantee of refunds or exchanges.

4.2 If you, as a consumer, make use of your right of withdrawal in accordance with section 4.1, you must bear the regular costs of the return.

4.3 In all other respects, the right of revocation is governed by the provisions set out in detail in the following revocation policy.

Withdrawal Policy within EU (European union)

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

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this, but it is not mandatory. You can also fill out and submit the sample withdrawal form or another unambiguous declaration electronically on our website abrokensleep.com. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. To comply with the withdrawal period. If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day the date on which we received the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may withhold refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
 
You must return or hand over the goods to us or to us (where applicable, the name and address of the person authorised by you to receive the goods) without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
 
You will be responsible for the direct costs of returning the goods.
 
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.-
 
End of the cancellation policy

5. Prices and shipping costs

5.1 The prices mentioned on the product pages include VAT and other price components.

5.2 In addition to the stated prices, we charge for delivery. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.

5.3 Shipping costs differ based on the type and quantity of products in an order. See the final shipping costs during checkout!

5.4 We do our best to always keep the current prices up to date on the website, but we cannot guarantee that on occasion we could have an old price displayed. If a price adjustment needs to be made, we would discuss this with you before the transaction goes ahead so you have the option to opt out of the sale if you wish. 
 
An example of shipping costs can be found here.

6. Delivery

Delivery times

Usually, it takes 3–7 days to fulfil an order, after which it’s shipped out. The shipping time depends on the location, but can be estimated as follows:

-USA: 3–4 business days

-Europe: 6–8 business days

-Australia: 2–14 business days

-Japan: 4–8 business days

-International: 10–20 business days

These shipping times are estimates, not guarantees. And can be effected by Covid-19 pandemic and other unrelated service disruptions out of our control.

We don’t ship to some countries because of legal restrictions or shipping carrier limitations.

The list of restricted countries may change depending on world events, but for now, we don’t ship to the following destinations:

-Crimea, Luhansk, and Donetsk regions in Ukraine

-Russia

-Belarus

-The Gaza Strip region in Palestine

-Ecuador

-Cuba

-Iran

-Syria

-North Korea

Due to the impacts related to the Covid-19 pandemic and other unrelated service disruptions, our shipping carriers also don’t offer international shipping to the following countries (last updated on Oct 24, 2023):

Afghanistan

Belarus

Greece

Israel

Laos

Macao

Myanmar

Niger

Niue

Russia

Sudan

Syria

Thailand

Ukraine

Yemen

The list of countries where our shipping carriers don’t offer international shipping may change..

Shipping departure locations

-For printed items we work with an on-demand order fulfilment company with facilities world-wide!

-For original artwork or special edition prints the items will be shipped from Germany and classed as international postage outside of the EU.

Customs charges on International shipping

An additional customs and tax fee can occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases.

How to track a delivery

You’ll receive a tracking link via email when your order ships out. If you have any questions about your tracking or shipment, drop us a line at support@abrokensleep.com.

7. Orders and Returns

We have a 14-day return policy within the EU (European Union), which means you have 14 days after receiving your item to send back the artwork for return.

To be eligible for a return, your item must be in the same condition that you received it, and in its original packaging including the delivery slip.

To start a return, you can contact us at support@abrokensleep.com. If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You must package the art in its original packaging. The cost of returning the item will be the responsibility of the buyer. When returning the item, you must ensure that it is not lost or damaged in transit. Therefore, we advise you to opt for a reliable, signed for delivery service. We will not accept returns for items that have been damaged post delivery. If this is the case, the item will be returned to the customer at the customer’s expense.

Lost or missing orders.

Before getting in touch with us, please help us out by doing the following:

-Check your shipping confirmation email for any mistakes in the delivery address

-Ask your local post office if they have your package

-Stop by your neighbours in case the courier left the package with them

If the shipping address was correct, and the package wasn't left at the post office or at your neighbour’s, get in touch with us at support@abrokensleep.com with your order number.

If you did find a mistake in your delivery address, we can send you a replacement order, but shipping will be at your own cost.

Wrong/damaged product?

We’re so sorry if the product you ordered arrived damaged. To help us resolve this for you quickly, please email us at support@abrokensleep.com within a weeks' time with photos of the damaged product, your order number, and any other details you may have about your order. We’ll get back to you with a resolution as soon as possible!

Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

8. Payment

8.1 Payment must be made in advance, before any item is shipped.

8.2

8.2 This does not include personalized art commissions or services. This information can be found here: abrokensleep.com/services

9. Ownership

Until full payment has been made, the goods remain our property.

10. Dispute resolution

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.