Terms and conditions unless otherwise agreed
GENERAL TERMS AND CONDITIONS
Definitions in this section
The company: The artist Tobias Lindqvist
Customer/the customer: The person or company that hires All-artist Tobias Lindqvist.
Service/assignment: Any of the services offered by the artist Tobias Lindqvist.
These general terms and conditions apply to all services and products offered by Allkonstnären Tobias Lindqvist unless otherwise agreed. Exceptions to these terms must be clearly stated in a written agreement between the customer and the company. In addition to these general terms and conditions, separate terms and conditions apply to each individual service, product and/or product (see separate sections below).
The company has no cash handling and all payment is therefore made against invoice. Payment terms are 20 days for companies/legal persons and 30 days for private individuals unless otherwise agreed.
In case of delayed or non-payment, a delay fee of SEK 450 will be added for companies / legal persons and a reminder fee of SEK 60 for private persons as well as interest on late payments according to the Interest Act.
In case of non-payment despite reminder, the claim can be handed over to the debt collection company and / or the Crown Prosecution Service. Claims against companies / legal persons are normally submitted directly to the Crown Prosecution Authority after an initial reminder of the claim remains unpaid.
Cancellation right and cancellation
The customer is always entitled to cancel or cancel an ordered / booked service or to be at any time, unless otherwise agreed in a special agreement between the customer and the company.
The company reserves the right to charge a full price for the service ordered if canceled at short notice. Examples of such cases include but are not limited to occasions when the company has declined other assignments in order to be able to perform the assignment being canceled.
Upon cancellation, the customer is liable to pay for the expenses the company has had to prepare and / or begin the performance of the service. Examples of such outlays include but are not limited to:
- Material / equipment specifically purchased to carry out the current assignment.
- Rent for equipment booked specifically for the service in question and which cannot be canceled free of charge.
- Travel and / or hotels specifically booked or started for the service in question and which cannot be canceled free of charge.
- Expenditure for external services and / or materials required for the company to be able to carry out the current assignment.
The company is exempt from liability or other liability for damage or failure to act due to an obstacle beyond the control of the company which the company could not reasonably have expected and whose consequences the company could not reasonably have avoided or overcome, including but not limited to, for example, war. , terrorist offenses, natural disasters, lockouts or other labor conflicts, fires, interruptions in energy supply, and interruptions in the operation of electronic data processing caused by the above. The same applies if a subcontractor to the company is affected by obstacles referred to in this section.
Handling of personal data and personal privacy
The company processes your personal data in accordance with the GDPR Data Protection Regulation. This information is used only for invoicing for services performed and / or products sold.
Stored information is name / company name, social security number / organization number, postal address, e-mail address and telephone number as well as information about purchased and completed services / products from the company as well as contact person at the customer if the same is a company.
The company uses the personal data provided by the customer in order to fulfill its service delivery to the customer as efficiently as possible and to be able to invoice for services rendered. Personal data will never be used for marketing purposes.
The company only processes personal data internally and these are not disclosed to other parties for any purpose other than to fulfill the company's service delivery as well as efficient invoice management.
The customer has the right to request an extract at any time regarding the information stored by the company about the custumer. Furthermore, the customer has the right to request change, restriction or deletion of stored personal data at any time.
The company reserves the right to obtain credit information about the customer before entering into an agreement. The company has the right to refuse to enter into an agreement with the customer in the light of what is shown in the credit information.
The company's rights
The company has the right, in writing or verbally, to the customer to terminate, in whole or in part, a service and terminate any agreements entered into with immediate effect if the customer breaches his obligations under these terms and / or entered into agreements or by statute or authority decision .
The company reserves the right not to perform promised / contracted service in circumstances beyond the control of the company. Examples of such circumstances include but are not limited to:
- Theft or damage to the equipment
In addition to the general terms and conditions, these conditions apply in connection with the company being hired as an actor, extra, model, film assistant and/or for voice assignments in film/advertising or at theater, TV or radio. The terms and conditions do apply unless otherwise clearly agreed in a seperate, written agreement between the customer and the company (see below regarding what agreements should contain).
Price, payment and travel
The lowest price is always SEK 100 per working hour started and always at least SEK 500 excluding VAT per assignment unless otherwise agreed. Payment is only made on invoice. The VAT rate is 0 (for example theater and other live performances), 6% (for example film/TV-series) or 25% (advertising) depending on the type of assignment.
If the total return trip in connection with the assignment amounts to at least 50 kilometers (including but not limited to trips between the home / Company address * and the current place of work-/recording as well as other trips necessary for the nature of the assignment). Mileage allowance amounts to SEK 50 per mileage begun, unless otherwise agreed. This also applies when the company deviates from the regular itinerary to pick up other members of the work team or to purchase goods or the like.
When assignments are carried out at an address at least 100 km from the home / business address*, the company reserves the right to stay overnight at a hotel or client at a hotel or hostel. This cost is added to the invoice for the current assignment.
The company reserves the right to choose the mode of transport and accommodation that is considered most suitable for the performance of the service in question. However, the cost of keeping these as low as possible, as well as any environmental impact, will of course be taken into account. Vehicles, such as aircraft, are used only in exceptional cases.
Requirements for agreements
The company always requires and without exception that a written agreement is drawn up between the company and the customer regarding working time, fees, rights to produced material (refers to both audio and visual material) and what other remuneration applies in connection with the assignment. This includes, but is not limited to, travel allowance, food and lodging, and compensation for the purchase of equipment that falls on the company to arrange.
Rights to produced material
Prior to filming/performance/footage and/or voice/audio recording, agreements between the customer and the company must be signed that clarify the rights for produced material.
The working hours that the company is expected to spend on the current assignment must be agreed in advance. Either by correspondence between the company and the customer or in written agreement. Only when working hours and therefore the required fees have been agreed can the company accept the agreement.
If the agreed working time is exceeded by more than 60 minutes, the hourly rate of SEK 250 per commenced half hour excluding VAT and compensation for extra expenses incurred due to the delay. The company always reserves the right to cancel the work and leave the work / recording place if the predetermined time schedule is exceeded by 60 minutes or more unless otherwise agreed in advance.
* Svartågatan 13, 128 45 Bakarmossen
When booking, the client must indicate the scope of the assignment, the purpose of the photograph, the manner and extent of the use of the images, the technical requirements and other instructions of importance for the assignment.
If an assignment is canceled, the client should always reimburse the photographer's costs for his own cancellations related to the canceled photography. The client must also compensate the photographer for preparation time and for canceled time that cannot be used for another assignment.
The photographer makes a selection of the images that can be approved and thus delivered.
The client should review delivered pictures as soon as possible. If you want to re-photograph, this must be notified immediately. The images are always considered approved when the production process for their use has been started.
Right of use
The pictures may be used in the manner and to the extent specifically agreed upon when ordering. Other uses require permission from the photographer. The right of use must not be granted or transferred to another without the permission of the photographer.
The right of use is transferred to the client / end user when full payment has been made to the photographer. A grant of rights does not include rights that are part of current or forthcoming contract licenses or equivalent licenses signed by the photographer's management or interest organization.
If the client discontinues his business, suspends his payments, becomes subject to chords or goes bankrupt, the rights granted to the photographer will be returned without compensation.
Exclusive right of use means that the photographer does not have the right to give the image to another image user during the time of the granting. In assignment photography, a lease is non-exclusive unless otherwise expressly agreed.
Photographer's own use
The photographer is always entitled to use the images in his own marketing or his own projects, such as an exhibition or book production, unless otherwise explicitly stated for the assignment.
Image should be reproduced with maximum regard to the original design. Modification, processing or transfer to other art must not be done without the permission of the photographer.
When using an image, the photographer's name must always be stated. If no name is given, 100% of the basic fee or adequate archive picture price will be charged according to SFF's recommendations.
Ownership of images, return
Delivered images, as well as idea- and sketch images, are the property of the photographer, which after agreed use must be returned in undamaged condition.
Responsibility for the item provided
The client is responsible for ensuring that objects submitted for photography are satisfactorily insured. The photographer is not responsible for damage to or loss of such object.
A personal image is a photograph where identifiable person (s) appear in the image. The client is responsible for ensuring that such a permit exists which according to current legislation may be required when using a personal image, for example in commercial advertising and on the internet.
Price and payment terms
Prices quoted include VAT of 25% unless otherwise stated. Unless otherwise agreed, payment time and interest on interest shall apply in accordance with the Interest Act (1975: 635). The client is always responsible for payment, regardless of whether the image was used or not, as well as when ordering photography for another end customer.
Unauthorized use and more
In the event of unauthorized use, alteration or processing of an image, compensation corresponding to the photography fee or the current archive image price will be paid. In this case there is a damages corresponding to at least the same amount, ie 100% surcharge.
The photographer undertakes to preserve digital image files / original images for a period of five years from the time of delivery.
Damaged or lost image
If no price is specified, damaged or lost opinion picture will be charged at least SEK 300 or the higher amount that production of equivalent copy costs.
Damaged or lost unique image is charged at a minimum of 10% of the current price base amount or the price the photographer specified. The price base amount in 2019 is SEK 46,500.
If the lost image is found and returned within six months of the photographer's delivery of the image, the compensation will be refunded after a 20% deduction for handling costs.
In the event that a dispute arises as a result of the application of these terms, which cannot be resolved through deliberations between the parties, the dispute shall be tried in accordance with applicable law and by the general court.
TERMS AND CONDITIONS FOR PURSCHASES MADE IN THE WEBSHOP
General Terms and Conditions ("General Terms") for orders placed online at www.allkonstnaren.se
In the following, we want to familiarize you with our general business terms and conditions, which apply to ordering goods delivered on allkonstnaren.se in the webshop. Please note that other services (film, photo, transport etc.) have special conditions unless otherwise stated.
1.1 These Terms and Conditions apply to all orders placed by the customer ("Customer" or "you") when the Customer orders products through the webshop at allkonstnaren.se. For orders placed via www.allkonstnaren.se we only enter into agreements in Swedish. By placing an order for products from the All-Artist's webshop, you enter into your agreement with Allkonstnären Tobias Lindkvist.
1.2 By placing an order, you are also deemed to confirm that you are:
- 18 years or older and not under guardianship; and
- settled in Sweden.
1.3 The Artist reserves the right, from time to time, to change these Terms without prior notice to you as a Customer of the changes in question. However, the Terms and Conditions published on www.allkonstnaren.se at the time you place your order will apply with respect to your order of Products. If the Terms have changed after you placed your order, the Terms that were published at the time of your order apply to all matters relating to your order, that is, both for the purchase and any return process.
2. ORDER AND CONTRACT OF PRODUCTS AGREEMENT
By clicking "Confirm" in the last order step, a binding order is created and you thereby undertake to purchase the Products that are in your shopping cart. Once you have confirmed your order, we will send an order confirmation of your order via email. A binding agreement is considered to be entered when you receive the order confirmation.
3. PRICES, DELIVERY COSTS AND EXPRESS DELIVERY COSTS
3.1 The prices displayed at the time of your order apply to your purchase. The prices are stated in Swedish kronor (SEK) and include VAT (VAT).
3.2 The artist is responsible for delivery costs within Sweden according to PostNord's price list. Shipments are normally sent as recommended letters and postal advances unless otherwise agreed in connection with the ordering of the goods in question.
4.1 The artist only offers purchases for invoices or postal advances. The payment deadline for invoices is thirty (30) days for private individuals and 20 days for companies / legal persons unless otherwise agreed before the purchase is completed. We reserve the right to charge a reminder fee of SEK sixty (60) per payment reminder in case of late or non-payment.
In case of late or non-payment, the first payment reminder will be sent seven (7) calendar days after the last payment day on the original invoice. The payment deadline for the total amount (original invoice and reminder fee) is seven (7) calendar days. Thereafter, the case is handed over to debt collection and finally the Crown Magistrate if the invoice remains unpaid.
4.2 By accepting these Terms you are deemed to have given your consent to send any invoices and credit invoices to you in electronic form or by postal mail (PostNord AB).
5. ORDINARY DELIVERY AND EXPRESS DELIVERY
5.1 We are only obliged to deliver goods that are available in our warehouse. If a Product is not available in stock, we will contact you and refund any amount paid without undue delay. Furthermore, we do not undertake any obligation to procure ordered Products from any other place (acquisition risk). This also applies to orders for generic goods (which means those goods where only the current product type and characteristics are stated).
5.2 Products purchased via www.allkonstnaren.se are delivered to delivery addresses within Sweden, domestic shipping within Sweden is included in the prices presented for each product. For delivery outside Sweden, extra costs may be incurred for the Customer. When the delivery times are indicated in working days, working days shall be understood to mean all days from Monday to Friday, excluding national holidays in Sweden (ie so-called red days).
5.3 We deliver your Products to the delivery address you specified in your order.
5.4 Our goal is to deliver your order within two (2) to five (5) working days after placing the order.
6. TERMS OF DISCOUNT OFFERS
6.1 Discount offers are offers that cannot be purchased, but which are offered as part of the All-Artist's marketing and are only valid for a limited time.
6.2 Discount offers can only be used once (1) per order and only within the validity period of the current discount offer. Some goods may be excluded from the offer, which means that the discount offer cannot be used for the purchase of these brands or goods. Discount offers must not be used to buy gift cards. Please note that your order may need to meet a minimum order value to allow the use of discount offers.
6.3 The total order value of the Products must correspond to or exceed the value of the discount offer. If the total order value exceeds the value of the discount offer, you can pay the excess value through one of the payment options offered. It is not possible to redeem discount offers for cash, and no discount offers accrue interest either. The value of a rebate offer will not be refunded if you exercise your right of withdrawal in respect of all or part of your order, but we will refund the amount you may have paid for the returned Products. The reimbursement will therefore not cover any amount for which you have been deducted in determining the price, by using a discount offer.
6.4 You can only use discount offers before the ordering process is completed. This means that it is not possible to use discount offers with retroactive effect. Discount offers are personal and may not be transferred to third parties. Unless otherwise stated, discount offers cannot be combined with other offers.
6.5 If you have used a discount offer for an order and later choose to exercise your right of withdrawal and return one or more Products, and this means that the total order value falls below or corresponds to the value of the discount offer, we reserve the right to charge you the regular price for the goods you keep (depending on the terms of the current discount offer).
7. STATUTORY RIGHTS RIGHTS WHEN BUYING PRODUCTS
7.1 When you shop in the webshop at www.allkonstnaren.se you are legally entitled to undo your purchase.
7.2 If you want to return a Product, you as a Customer are responsible for the shipping costs. By placing an order via the webshop at allkonstnaren.se you also undertake to pack the Product satisfactorily upon return. Product damaged during transport due to unsatisfactory packaging / packaging will not be refunded.
Your right of withdrawal
7.3 You have the right to exercise your right of withdrawal from the Artist and return your order without giving any reason within fourteen (14) days. The cancellation deadline of fourteen (14) days runs from the day you placed your order in the webshop at allkonstnaren.se.
7.4 If you wish to exercise the right of withdrawal, you must send a clear and clear written message stating this to us at the address: All-artist Tobias Lindkvist, Svartågatan 13, 128 45 Bagarmossen or e-mail: firstname.lastname@example.org.
7.5 You can also exercise your right of withdrawal by using the standard form available on the Consumer Agency's website (www.konsumentverket.se) and sending it to us (for example, by letter by mail or by e-mail).
The meaning of the right of withdrawal
7.6 If you exercise your right of withdrawal from the Artist, we will reimburse all payments we have received from you, including delivery costs (except for increased delivery costs as a result of choosing a delivery alternative that does not correspond to the lowest priced standard alternative we offer for the delivery in question). The refund will be made as soon as possible and no later than fourteen (14) days from the date we received your notice of your desire to exercise your right of withdrawal with respect to the order. Our implementation of the refund as such will not incur any additional costs for you. We reserve the right to wait for the refund to be received until we have received the Products from you or until you have received supporting evidence that you have returned them, and will wait until any of these events occur.
7.7 If you exercise your right of withdrawal, you are obliged to return all Products for which you wish to exercise your right of withdrawal without undue delay, and no later than fourteen (14) days from the date on which you notified us of your desire to exercise the right of withdrawal.
7.8 You will meet the requirements if you return the Products before the expiry of the fourteen (14) day period.
If you wish to exercise your right of withdrawal, please send the following information to us at Allkonstnären Tobias Lindqvist, Svartågatan 13, 128 45 Bagarmossen or email@example.com:
I / We hereby announce that I / we are withdrawing my / our purchase agreement regarding [the following goods]. Ordered on [date]. [Consumer / Consumer Name], [Consumer / Consumer Address], [Date].
8.1 You are always entitled to claim defective Products within three (3) years of receipt of the Products, provided that you notify us of the error within a reasonable time after you discover the error. Complaints made within two (2) months of the discovery of the error are always considered to have been filed within a reasonable time.
8.2 If the Products you have returned can be found to be defective, the All-Artist will make a full refund corresponding to your purchase price for the Products, as well as the delivery costs for these. For a Product to be considered defective, the defect must have occurred prior to the sale. If you advertise a defective Product within six (6) months of the sale, the defect shall be deemed to have occurred prior to the sale, unless otherwise confirmed by the Artist. However, if the complaint occurs more than six (6) months after the sale, you are required to provide proof showing that the error occurred prior to the sale. If you would like to make a complaint, you can contact us at Allkonstnären Tobias Lindkvist, Svartågatan 13, 128 45 Bagarmossen or e-mail firstname.lastname@example.org.
9.1 Use of the offers available on www.allkonstnaren.se is possible for persons who are at least 18 years of age.
9.2 These General Terms and Conditions are available at www.allkonstnaren.se. You can also print or save these Terms by using customary commands in your browser (usually File -> Save As).
9. ALTERNATIVE DISPUTE SOLUTION PROCEDURE
9.1 You, in your capacity as a consumer, have the right, if you have a complaint about a purchase that could not be remedied through direct contact with the All Artist, to an alternative dispute resolution body to settle the claim. Turning to an alternative dispute resolution body is generally cheaper, less formal and faster than going to court. You can only use this option if you are resident in the EU and the other party is established in the EU. You can either use the online complaints platform available on the European Commission's website, www.ec.europa.eu/odr, or contact the General Complaints Board directly, via www.arn.se. The General Complaints Board is an approved committee for alternative dispute resolution and is governed by Directive 2013/11 / EU on alternative dispute resolution in consumer disputes.
10. APPLICABLE LAW AND DISPUTE SOLUTION
These Terms and the agreement between you and the All Artist must be complied with and interpreted in accordance with Swedish law. Disputes arising from these Terms shall be settled by the General Court of Sweden.
The company / webshop Allkonstnären.se, organization number 7709111491, based in Bagarmossen processes personal data provided by the customer to fulfill and also confirm the conditions for processing electronic orders and deliveries, for the necessary communication during a statutory period as well as marketing of goods and services.
- Responsible for personal data, in accordance with GDPR (hereinafter referred to as "Regulation") is the All-artist Tobias Lindkvist, organization number 7709111491, based in Bagarmossen (hereinafter referred to as "Personal data manager");
- The contact details for the Personal Data Manager are: e-mail: email@example.com, tel: 070-114 98 35;
- Personal data is any information that relates to an identified or identifiable natural person.
The source of personal data
- The personal data manager processes personal data obtained with the consent of the customer and is collected through the contract to buy and fulfill the electronic order created in the webshop at Allkonstnaren.se;
- The personal data manager only processes identification and contact information for the Customer that is necessary for the contract to be fulfilled;
- The personal data controller processes personal data for shipping and accounting and for necessary communication between the contracting parties during the time required by law. Personal data will not be made public and will not be transferred to other countries.
Purpose of data processing
- The personal data manager processes personal data at the customer for the following purposes:
- Registration on the website allkonstnaren.se in accordance with Chapter 4, Section 2 of the GDPR;
- To fulfill the electronic order created by the customer (name, address, e-mail, telephone number);
- Compliance with laws and regulations arising from the contractual relationship between the Customer and the Data Controller;
- Personal data is necessary for contracts to be procured. Contracts cannot be concluded without personal data.
Duration of storage of personal data
- The Personal Data Manager stores personal data for the period necessary to fulfill the rights and obligations arising from the contractual relationship between the Personal Data Manager and the Customer and for three (3) years after the conclusion of the agreement;
- The data controller must delete all personal data after the end of the period required for the storage of personal data.
Recipient and personal data controller of personal data
Third parties who process personal data with the Customer are subcontractors of the Personal Data Manager. The services of these subcontractors are indispensable for the contract to be executed, to buy and process the electronic order between the Data Responsible and the Customer.
The subcontractors of the Personal Data Manager are:
- Webnode AG (e-shop system);
- Shipping company (preferably PostNord AB);
- Google Analytics (Website Analytics);
- In accordance with the regulation, the customer has the following rights:
- The right to access personal data;
- The right to correct personal data;
- The right to delete personal data;
- The right to object to the processing of personal data;
- The right to data transferability;
- The right to withdraw consent to the processing of personal data in writing or via e-mail sent to: firstname.lastname@example.org;
- The right to submit complaints to the regulator in the event of a suspected violation of the regulation.
Security of personal data
- The personal data manager ensures that all technical and organizational security measures are taken to protect personal data;
- The personal data controller has taken technical security measures to secure data storage spaces, in particular secure access to the computer with a password, use antivirus software and perform regular maintenance of the computers.
- By placing an electronic order on the website allkonstnaren.se, the Customer confirms that it has been informed of all the terms and conditions for personal data and accepts them in full;
- The Customer accepts these rules by ticking the check box in the order purchase form;
- The data controller can update these rules at any time. New, updated version must be published on its website.
The rules will come into force on October 28, 2018.