A postcART is defined as a manually created, non-reproducible image or artwork on a postcard (Size: German DIN A6, 148 x 105 mm).
After registration and acceptance a cooperation takes place betweeen the postcART-artist and postcART.net represented by norm-4 GmbH (norm-4).
An artist accepted as a member creates postCARTs and sends these to norm-4:
postcART.net @ norm-4 GmbH
Gladbacher Straße 17
The postcARTs will be stored, published on the website and sold by norm-4.
§ 1 Object Of Agreement
An artist who becomes a registred member of postcART.net becomes a contractual partner.
norm-4 manages the website postcART.net und supports the artist in selling his postcards online through postcART.net.
After having published his first postcARTs the artist is given the possibility to present himself/his personal data at postcART.net and to place a hyperlink to his own website.
norm-4 digitizes, archives, sells and ships the postcARTs for the artist.
At the time the cards are sold, they are acquired from the artist for the agreed price from norm-4 and are considered delivered.
Selling through stores or art exhibitions in the context of the postcART.net-project may also take place in the future.
The agreed prices for the acquisition will be remitted to the artists bank- or as an option PayPal-account.
§ 2 Membership Of Artists
Every natural person may join this project as an artist in the broader sense. norm-4 reserves the right to reject membership of artists or to change conditions of taking part in the project though.
A right to become a member doesn't exist. norm-4 can reject any application without naming any reasons.
Membership is for free and starts with informal acknowledegement from norm-4 after registration.
§ 3 Right To Publish, Right To Exhibit And Right To Sell
An artist has to own the right to publish for sent-in materials.
Agreement for publishing, exhibition und selling by norm-4 is granted by sending in postcARTs.
This agreement can be canceled anytime by proper withdrawel of this contract.
norm-4 reserves the right not to publish sent in postcards, especially if the content violates applicable law, is immoral, racist or pornographic or contains defamation of human beiings or violates copyrights. In any of these cases the artist will be charged for sending back these postCARTs.
§ 4 Price Of Sale Of postcARTs
The price of sale of any postcART is calculated of the base price plus the ranking of the artist in Euro.
The usual base price is 10,- (ten) Euro. The artist is able to demand a higher base price when registering but has to assign reason for it. norm-4 reservers the right to reject base prices above the usual price.
The ranking of an artist starts with 0 (zero) and increases by 1 (one) with every sold postcART.
§ 5 Price Of Acquisition / Margin
At the time of selling norm-4 acquires a card from the artist for a fixed price. The price is 50% of the selling price for selling prices up to 19,- Euro and 70% of the sellings price for selling prices beginning at 20,- Euro.
The difference between selling price and fixed price (margin) is used to operate, maintain and extend the website postcART.net.
All services by norm-4 which are related to the contractual relationship, e.g. digitizing, storing, selling, etc., are satisfied with the margin.
The margin also covers the postal charges of 0,45 Euro per postART.
§ 6 Acquisition Of Cards
norm-4 acquires a postcART from the artist at the moment of selling. The price for acquisition is regulated in §5.
The price for acquisition contains the actual VAT of 7%.
If the artist is a "small entrepreneur" according to German § 19 UstG, designation of VAT can be renounced.
A postcART is considered sold when the product is payed an has not been sent back during the legal period of return.
Higher postal or delivery charges due to demand of the customer like shipping as letter, registred mail or the like are not part of the sellubg price and therefore don't have any influence on the price of acquisition.
§ 7 Abandonment Of Services
If there is any abuse of the services of postcART.net by the artist or if the artist violates applicable law or a clause of the contract, norm-4 has the right to abandon any services. This also applies in the case of the artist displaying content on his website which is violating applicable law or is immoral, racist, pornographic or humilates human dignity. The right of the artist to cancel the contract with notice is still valid in this case.
§ 8 Contract Period / Cancellation
The contract lasts indefinitely. It can be cancelled from both contractors within a time limit of two weeks to the end of a month.
Cancellation has to made in written form. Confirmed emails also comply.
§ 9 Expiration Of The Contract
If the contract ist canceled via due notice or for an important reason, the artist is qualified for return of his unsold postcARTs.
Postal charges are for the account of the artist.
The artist can pass on return of the postcARTs. In this case the remaining postcARTs pass into the ownership of norm-4.
§ 10 Jurisdiction, Choice Of Law And Severability Clause
Disputes concerning use of services or these Terms And Conditions are solely handled by courts in Cologne, Germany.
The same principle will be used for regulatory gaps.
§ 11 Miscellanous
norm-4 reserves the right to modify design, structure und functions of postcART.net anytime including the way postCARTs and artists are presented to the visitors.
This contract includes all terms and regulations between the contractors.
Additional agreements do not exist. All changes, additions and cancellations require written form.
In case of any differences contentwise the German version is valid exclusively.