Terms & Conditions

Terms of Submission see below.

The contractual partner and user of these Terms and Conditions (the «T&C») is VERLAG 2S GmbH, Leberngasse 17, Postfach 1927, 4600 Olten, Switzerland.

Our terms and conditions have been drafted to regulate the business relationship between you as a subscriber and us as a subscription provider and are intended to be both binding and fair. The basis for any subscription order and/or contract will therefore always be the following General Terms and Conditions of VERLAG 2S GmbH, and you acknowledge and confirm you are aware of them and agree to their application when you place a subscription with us.

  1. Scope

The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Verlag 2S GmbH, Olten, here acting under the brand A2 Letter (in the following ‘A2 Letter’), and the subscriber. A2 Letter shall not recognise any differing terms set out by the subscriber unless such conditions have been expressly agreed to by A2 Letter in writing.

  1. Conclusion of subscription contract

By submitting the subscription button and thereby concluding the subscription process, the subscriber confirms to conclude the subscription contract with periodical subscription renewal as per each month (with cancellation right at any time; see «3. Cancellation»).

You as subscriber can review the various information provided during the subscription process and add to or correct it by clicking the “Change” button. By clicking the button “Subscribe now”, you send your subscription details and make a binding declaration to A2 Letter that you want to subscribe to the products of A2 Letter according to its website www.a2letter.com. A2 Letter automatically accepts your subscription upon receipt of your order information. Directly after sending the order, you will receive an email with an order and contract confirmation, in which the details of your subscription are listed again.

The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, A2 Letter recommends printing out the order details and the general T&C applicable at the time of subscription. The contractual language is English.

  1. Cancellation

Please note that the subscription is final for the first two artworks (since subscription period is per month and each months, two artworks are distributed). After that, you can cancel your subscription at any time during the contract’s duration.

Statutory right of cancellation & cancellation procedure:

After your first subscription period, you can at anytime pause, reactivate or cancel your subscription of the artworks. Please note, that cancellation will become of effect the month after you have executed your cancellation (due to the subscription period being per month and distribution of two artworks per month).

To exercise your right of cancellation, you must exercise your right of cancellation through your User Profile on (you can login via the following link: www.a2letter.com/login and then proceed to the cancellation section)

The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the due period of cancellation. Should another product be in production phase and due to ship, cancellation will enact for the upcoming product and billing will be made for the product in production/shipment phase.

No further refunds will be credited, unless otherwise expressly agreed upon.

No return of goods will be accepted, nor shall we bear any costs for returning goods.

If the product is rejected repeatedly by you, or if postal delivery to you fails repeatedly, A2 Letter reserves the right to cancel the subscription contract. You will be given according information to your last quoted email-address as stored in your account details.

  1. Delivery

Unless agreed otherwise, delivery will be ex printing facility to your address or to the delivery address specified by you. The delivery time depends on your delivery address, but is usually within approximately 14 workdays.

You can change your delivery address in your User Profile Settings at any given time.

  1. Prices, due date and payment, shipping costs, default

The prices stated on the A2 Letter-website on www.a2letter.com are final prices including sales taxes. Shipping costs are included in the price.

The purchase price is paid via credit card, A2 Letter uses Stripe (see: www.stripe.com ; «Stripe») as payment service. Please note that certain payment information is withheld by Stripe from its customers. A2 Letter therefore has no direct insight into your payment or account details. All necessary payment information in relation with A2 Letter services and products are stored on the IT-Technology, Server Architecture and Databases of Stripe. Any and all legal matters based on payment for A2 Letter services and products are therefore to be dealt with directly with Stripe.

During subscription period, you grant A2 Letter the right to bill you for every periodical A2 Letter product as set forth on www.a2letter.com. Payment fee will be charged automatically and via Stripe up until your active cancellation of subscription.

If you are in default, A2 Letter reserves the right to cancel your subscription. You will be given according information to your last quoted email-address as stored in your account details.

Where greater costs are demonstrably incurred as a result of these payment arrears, A2 Letter reserves the right to assert claims in respect of these.

In the above cases you are entitled to prove that no costs were in fact incurred by A2 Letter or that these costs were less than the flat-rate fees stated above.

When subscribing online, please make sure your address details are correctly recorded. A2 Letter cannot be held liable for incorrect address details and thereby occurring delivery problems.

  1. Offsetting, retention

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by A2 Letter. You also have the right to offset if you complain of defects. Due to the ongoing right of subscription cancellation, counterclaims can only be made by subscribers up to the price of one individual A2 Letter product. In addition, subscribers are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

  1. Retention of title

Until full and final payment, the delivered goods shall remain the property of A2 Letter.

  1. Liability

Within the scope of statutory provisions, A2 Letter is liable for damages according to the Swiss Code of obligations.

Due to the ongoing right of subscription cancellation, the liability of A2 Letter shall be limited to compensation of up to the price of two individual A2 Letter artworks (printed products).

The above provisions shall apply accordingly to the liability of A2 Letter in respect of reimbursing futile costs.

Liability under the Swiss product liability laws shall remain unaffected.

  1. Warranty

Unless expressly agreed otherwise, statutory warranty rights shall apply. Notice of defects have to be made by you as a subscriber immediately after handover of the goods. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Notice of defects have to be made in writing by postal letter to VERLAG 2S GmbH, Leberngasse 17, Postfach 1927, 4600 Olten, Switzerland.

Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.

All defects subject to statutory warranty obligations and reported as set forth above shall be corrected free of charge by exchange of the product. Should the same product not be available anymore, A2 Letter has the right to reimburse you the price of the product or send an alternative subscription product.

  1. No granting of rights

By subscribing to A2 Letter, you are only acquiring material ownership of the individual print sent to you by A2 Letter. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law or expressly consent to by A2 Letter. However, you can resell the print.

  1. Collecting, processing and using personal data

All provisions regarding the protection of your data can be found at our A2 Letter Privacy Policy. Our A2 Letter Privacy Policy forms an integral part to these T&C.

  1. Applicable law, legal venue, severability

The place of performance and legal venue for all legal action arising from the contracts of subscription shall be Olten (Switzerland), including legal actions arising from payment procedures.

Swiss law shall apply to the exclusion of the UN Sales Convention.

In case any provision in this T&C shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

 

Terms of Submission

The contractual partner and user of these Terms of Submissions (the «ToS») is VERLAG 2S GmbH, Leberngasse 17, Postfach 1927, 4600 Olten, Switzerland.

Our ToS have been drafted to regulate the business relationship between you as an artist and contributor and us as a subscription provider and are intended to be both binding and fair. The basis for any contribution and contract will therefore always be the following ToS’s as well as our General Terms and Conditions of VERLAG 2S GmbH, and you acknowledge and confirm you are aware of them and agree to their application when you contribute your artwork to us according to the contribution process set forth in our website www.a2letter.com.

  1. Ownership of Content

By submitting your Artwork content (the “Artwork”), you provide appropriate licenses for its use.

When you submit your artwork to Verlag 2S GmbH («A2 Letter»), you grant A2 Letter and its Subscribers (“Subscribers”) an exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of the Artwork.

The rights you grant in this license are for the purposes stated by A2 Letter according to the Subscriber on the A2 Letter website andfor the purpose of posting the Artwork to any Social Media platforms as well as for any marketing activities A2 Letter might deem useful.

  1. Necessary licenses and permissions

You have all necessary licenses and permissions to submit your artwork and have it posted.

You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above licenses and that the Artwork submitted by you, and the submission of such Artwork, do not and will not violate any intellectual property rights (including but not limited to copyrights and trademark rights) of any third party. You state that your Artwork does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content.

You further state that your Artwork does not contain any material that could constitute or encourage conduct which would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You agree that you will indemnify, defend, and hold harmless A2 Letter, its parent and affiliate companies, any subsidiaries, affiliates, customers, vendors, hosts, officers, and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to violation of these representations and warranties, or otherwise arising out of any submitted Artwork.

  1. Artwork Creator

You can submit your Artwork if you are 18 years or older. If you are under 18 years, your Artwork must be submitted by a parent or legal guardian. You state that the submitted Artwork is yours and you have all the rights to submit your Artwork for the purpose according to the A2 Letter website. You state that you have all necessary rights to use all images contained within the Artwork which you have submitted such as stock images. You confirm that you have been granted permission to the right of submission and all connected license forms needed by A2 Letter from all natural persons that have been portrayed in the submitted Artwork.

  1. Selection process

All entries will be reviewed by a curating team selected by A2 Letter. The decisions of the curating team are final. By submitting your work, you agree that if selected, A2 Letter is permitted to use your artwork for the subscription process set forth according to www.a2letter.com.

There is no guarantee of selection. The number of Artworks selected is up to the curating team’s decisions of A2 Letter.

  1. Payment & Buy-out

You as artist agree to the total payment amount of € 1000 (the «license fee») in case that your artwork will be selected by A2 Letter. Payment will become due once the artwork has become published (not by date of selection). Payment will be made via bank transfer or Paypal. Please make sure to enter a valid and active email-address in order that we can get in contact with you to select your preferred payment options of the two mentioned above.

By submitting your Artwork you agree to the above mentioned payment amount and the payment process. You agree to provide A2 Letter with your payment details (bank account details or paypal informations) in order that due payment con be executed. A2 Letter does not owe any other reimbursements whatsoever for the use of the Artwork as set forth with these Terms of Submission. By payment of the license fee you agree to a full buy-out of all transferable copyright ‘rights of use’ as is applicable under Swiss Copyright Law.

  1. Artists information

You agree to provide some information about yourself as an artist and about the Artwork submitted to A2 Letter such as your biography, past exhibition activities and information about the Artwork itself.

By submitting this information, you agree to provide those informations to A2 Letter in order that these informations can be used to better describe you and your artwork in case your Artwork is selected for publication both online and in print as well as for marketing purposes. Specifically, these informations will be used by A2 Letter in order to better describe your artwork on the back of your printed Artwork.

By providing these informations, you grant A2 Letter the right to use your name and image for promotion and publicity including but not limited to the A2 Letter website, newsletter, printed promotional materials, press releases, social media & distribution to press outlets.

  1. A2 Letter responsibility & liability

A2 Letter will do it’s best to make sure all third parties credit you as a contributor, but A2 Letter can not be held responsible for any mistakes including any incorrect, inaccurate or incomplete information or citations made by third parties.

A2 Letter is not responsible for any misuse of the Artwork by third parties.

A2 Letter works with professional third-parties for printing and online display of the Artwork.

  1. Collecting, processing and using personal data

All provisions regarding the protection of your data can be found at A2 Letter Privacy Policy. A2 Letter Privacy Policy forms an integral part to these T&C.

  1. Applicable law, legal venue, severability

The place of performance and legal venue for all legal action arising from the contracts of subscription shall be Olten (Switzerland), including legal actions arising from payment procedures.

Swiss law shall apply to the exclusion of the UN Sales Convention.

In case any provision in this T&C shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.