Terms of service

Overview

Welcome to Fett Burger Art! The terms "we", "us" and "our" refer to Fett Burger Art, owned and operated by Peter Mitterer, Wiener Straße 40, 10999 Berlin, Germany. Fett Burger Art operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Fett Burger Art is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights. Nothing in these Terms limits or excludes any mandatory statutory rights you have as a consumer, including your statutory warranty rights and, where applicable, your right of withdrawal.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We offer original artworks and art prints. Prints are produced on demand by our professional print partner. We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to the type of device you use and your device settings. Original artworks are unique, handmade items and may show characteristics inherent to their medium.

Minor deviations of this kind do not constitute defects. This does not limit your statutory warranty rights (Section 6).

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer, on a case-by-case basis.

Section 3 - Orders and Conclusion of Contract

The presentation of products in our store does not constitute a legally binding offer, but an invitation to place an order. When you place an order by completing the checkout process and clicking the order button, you are making a binding offer to purchase. We will confirm receipt of your order by email; a contract is concluded when we accept your order by sending you an order confirmation or by shipping the products, whichever occurs first. Fett Burger Art reserves the right to decline your order for any legitimate reason at its discretion. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because prints are produced on demand shortly after ordering, we may be unable to accommodate cancellation requests once production has started; if you are a consumer, your statutory right of withdrawal remains unaffected; see our Returns & Right of Withdrawal policy [LINK].

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made, and any payments already received will be refunded.

The contract language is English. Your purchases are subject to return solely in accordance with our Returns & Right of Withdrawal policy [LINK] and your statutory rights. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

All prices shown in our store include statutory value-added tax (VAT) where applicable. Shipping costs are shown separately at checkout before you place your order. For deliveries to destinations outside the European Union, import duties, customs charges and local taxes may apply; these are levied by your local authorities, are not included in our prices, and are your responsibility as the recipient.

Prices, discounts and promotions are subject to change without notice; the price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We may offer, from time to time, promotions that are governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information so that we can complete your transactions and contact you as needed. You represent and warrant that you are duly authorized to use the payment method you provide and that you will pay the charges incurred at the posted prices, including shipping charges and applicable taxes.

Section 5 - Shipping and Delivery

Shipping destinations, costs and estimated delivery times are shown at checkout and described in our Shipping Policy [LINK]. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control, though we will assist you in resolving any delivery issues.

If you are purchasing as a consumer, the risk of accidental loss of or damage to the goods passes to you only when the goods are delivered to you or to a person designated by you. If you are purchasing as a business, risk passes upon handover to the carrier.

Section 6 - Statutory Warranty

Your statutory warranty rights (gesetzliche Mängelhaftung) apply to all products purchased from us. If a product is defective, you are entitled to the remedies provided by law, including repair or replacement and, under the statutory conditions, price reduction or withdrawal from the contract. For consumers in the EU, the statutory limitation period for warranty claims for new goods is two years from delivery. If your order arrives damaged or defective, please contact us at djfettburger@gmail.com; see our Returns & Right of Withdrawal policy for the fastest way to resolve it.

Section 7 - Intellectual Property

Our Services, including but not limited to all artworks, trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Fett Burger Art or its licensors and are protected by applicable copyright, trademark and other intellectual property laws.

Purchasing an artwork or print transfers ownership of the physical item only; it does not transfer copyright or grant any right to reproduce, distribute, publicly display, or create derivative works of the artwork.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Fett Burger Art, Shopify or any third party. All rights not expressly granted herein are reserved.

Fett Burger Art's names, logos, product and service names, designs, and slogans are trademarks of Fett Burger Art or its licensors. You must not use such trademarks without the prior written permission of Fett Burger Art. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 8 - Optional Tools and Third-Party Links

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. 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, and that any use by you of such optional tools is at your own risk. 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).

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we are not liable for any harm or damages related to your access or use of them. Please review the relevant third party's policies and practices before you engage in any transaction with them; complaints and questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with Shopify

Fett Burger Art is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fett Burger Art. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fett Burger Art, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fett Burger Art.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/customers. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy [LINK] for more details.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any 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 medium for any purpose, including for commercial use, to the extent permitted by applicable law.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms and will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights, and will not contain unlawful, abusive or obscene content or any malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it, and we may (but have no obligation to) monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful or otherwise objectionable. You are solely responsible for any Feedback you make and its accuracy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, and, where legally permitted, to cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). In such a case any payments already received will be refunded.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (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 harm any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any 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," or "spam"; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fett Burger Art, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services in violation of these Terms; or (f) interfere with, bypass, or circumvent the security or authorization features of the Services. We reserve the right to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) for good cause at any time, and you will remain liable for all amounts due up to and including the date of termination. Contracts of sale already concluded, and your statutory rights under them, remain unaffected.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Warranties and Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Warranties and Liability

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, for claims under the German Product Liability Act (Produkthaftungsgesetz), and within the scope of any guarantee expressly given by us.

In the case of slight negligence, we are liable only for breaches of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), and in such cases our liability is limited to the foreseeable damage typical for this type of contract.

Any further liability on our part is excluded. Your statutory warranty rights as a consumer (Section 6) remain unaffected by this section. To the extent our liability is excluded or limited, this also applies in favor of our employees, representatives and vicarious agents.

Section 17 - Indemnification

If you use the Services in violation of these Terms or applicable law, you agree to indemnify, defend and hold harmless Fett Burger Art, Shopify, and our partners, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party, to the extent you are responsible for the breach or violation. This section does not apply to consumers to the extent it would conflict with mandatory consumer protection law.

Section 18 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of the remaining provisions.

Section 19 - Waiver; 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 posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, provided this does not adversely affect your rights.

Section 21 - Governing Law and Dispute Resolution

These Terms of Service and all contracts concluded through the Services are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

Section 22 - Headings

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

Section 23 - Changes to 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 changes to our website. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Changes do not apply retroactively to orders already placed.

Section 24 - Contact Information

Questions about the Terms of Service should be sent to us at djfettburger@gmail.com.

Fett Burger Art Owner: Peter Mitterer Wiener Straße 40, 10999 Berlin, Germany Phone: +49 159 01042832 Email: djfettburger@gmail.com VAT ID: DE315255539