Agreement to Terms of Use

Agreement to Terms of Use

These Terms and Conditions of Use (the ‘Terms of Use’) apply to the website located at The site is the property of Amy Franke.

By using the site, you agree to these terms of use. If you do not agree, do not use the site.

Amy Franke reserves the right, at it’s sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Amy Franke grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.



All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such content, contained on the site is owned, controlled or licensed by Amy Franke, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Amy Franke’s express prior written consent.


Shop’s Shipping & Delivery

Packages typically arrive within 10-30 days from the date we receive the payment of the order. If the order is not delivered within one month from the date Amy Franke/shop received the payment, consumer is entitled to cancel the order. Then Amy Franke is obliged to refund the payment within 30 days. Products are shipped directly from Holzkirchen/Germany.

IMPORTANT – If a package is returned to Germany because the buyer did not claim the package, Amy Franke does not send replacements.

Amy Franke is not responsible for any actions taken by customs on your package during delivery. Amy Franke has no control over this.

Buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, and Amy Franke has no way of knowing what these charges may be.


Shop’s Returns & Exchange Policy

Due to the small nature of the shop and and the limited quantities of each product, Amy Franke currently does not accept returns on any products sold. Please carefully review the product description, sizes and colors and email any questions before making a final purchase.

When a product shows factory defects or if we shipped the wrong color or size or any other fault on our part please send an email to Amy Franke will pay for the transport costs in the form of a refund. If you choose to use an untrackable shipping method, Amy Franke cannot be held responsible for packages lost in the transport.


Shipping cost

If you choose to use an untrackable shipping method, Amy Franke cannot be held responsible for packages lost or damaged in the transport.

You can choose between different options. Free shipping is always untracked/ uninsured

NATIONAL ( Germany standard )

3 uninsured

4,25 insured



3,70 not insured and no liability is assumed for lost/ damaged packages. Also no tracking of the package possible.

7,20 insured


Freelancer Remuneration

1.1 The amount of the remuneration claim is shown in the cost estimate or the agreed hourly rates. According to § 19 UStG no sales tax is calculated. If the designs are used to a greater extent than originally intended, the contractor is entitled to subsequently request the difference between the higher remuneration for the actual use and the remuneration received. The remuneration may not be refused for design-artistic reasons.

1.2 If an order is placed without a remuneration being agreed, Amy Franke is entitled to apply the fee recommendations of the Professional Association of German Communication Designers (BDG) when billing. This applies accordingly to changes or additions initiated by the client after placing the order. An activity free of charge, in particular the creation of drafts free of charge, is not standard practice.

1.3 If an order extends over a longer period of time or requires high financial advance payments from the contractor, appropriate installments are to be made.

1.4 All services that Amy Franke provides for the client are subject to a charge, unless expressly agreed otherwise. If the client requests special and / or additional services during or after the service of the communication designer, this results in an additional obligation to pay.

Participation of Client

2.1 The client has to provide the data and information necessary for the execution of the order in a suitable form.

2.2 The client is obliged to only provide the contractor with templates such as photos, models or other working documents that have been released for publication or reproduction. Under no circumstances is Amy Franke liable for the factual statements it contains about the client's products and services.

2.3 Amy Franke has freedom of design within the scope of the order.



3.1 Every order placed with Amy Franke, which includes the creation of drafts, is a copyright contract, which is aimed at granting rights of use to the work. The work may only be used for the agreed type of use and the agreed purpose to the agreed extent. A transfer of the rights of use by the client to third parties requires the prior written agreement between client and contractor. The provisions of the Copyright Act and those of the Work Contract Law apply. The provisions of the Copyright Act also apply if the amount of creation required by Section 2 of the Copyright Act has not been reached.

3.2 The designs may not be changed either in the original or in the reproduction without the consent of the contractor. Any imitation - even of parts or details - is prohibited. A violation of this provision entitles the contractor to demand a contractual penalty in the amount of double the remuneration. If such remuneration has not been agreed, the BDG's fee recommendations (latest version) apply.

3.3 Suggestions by the client or his other participation do not constitute a co-copyright unless this has been expressly agreed.


External Services

4.1 Expenses for additional technical costs (e.g. materials, photos, printing) as well as travel and shipping costs are to be reimbursed by the client, unless otherwise agreed.

4.2 The client authorizes Amy Franke, as an agent, to award the external services necessary to fulfill the order to suppliers on behalf and for the account of the client. Insofar as Amy Franke provides third-party services in its own name and on its own account, the client releases Amy Franke from the resulting liabilities.


Project Delivery

5.1 Delivery dates are only valid if they have been expressly confirmed by Amy Franke in writing. If Amy Franke defaults on its services, Amy Franke must first be granted a reasonable grace period. After the grace period has expired to no avail, the client can withdraw from the contract. § 361 BGB remains unaffected. Compensation for damage caused by delay can only be claimed up to the amount of the order value (own contribution excluding expenses for additional technical costs).

5.2 If the provision of information or material required by the customer is delayed, the promised delivery dates are also postponed accordingly.



6.1 The client must check the products delivered by Amy Franke or by third parties as well as the preliminary and interim results sent for correction. Complaints of any kind must be reported to Amy Franke immediately, at the latest within seven days. If this is not done, the delivered products or the preliminary and interim results sent for correction are considered accepted and the risk of any errors in further processing passes to the customer.

6.2 In the event of uncontrolled release, transfer or processing of the templates, Amy Franke is not liable for damage that occurs during further processing, unless the errors could not have been discovered by the client even if the preliminary and intermediate results were properly checked. As far as errors have arisen or could only be recognized after approval in the subsequent production process, the liability of Amy Franke remains limited to the order value of the print template.

6.3 Amy Franke is only liable for intent and gross negligence. Liability for indirect damage, consequential damage and loss of profit is excluded. Liability is limited to the replacement of typical, foreseeable damage.

6.4 Amy Franke is not liable for the patent, model, copyright and trademark protection and registration capability or legal harmlessness of the created design services.

6.5 Amy Franke assumes no liability or guarantee for orders placed in the name and for the account of the client.


Digital Data

7.1 The contractor is not obliged to hand over files or layouts that were created on the computer to the client. If the client requests the delivery of digital data, this must be agreed and paid for separately.



8.1 Payment is due immediately after receipt of the invoice without any deductions. In the event of a delay in payment, the contractor may demand default interest in the amount defined in § 288 BGB. This does not exclude the assertion of further damage caused by delay.

8.2 The granting of rights of use depends on the full payment of the claims. Amy Franke has a right of retention on all work materials, manuscripts and other items supplied by the client until all claims have been fully met.

8.3 The client cannot assert any right of retention against other orders from Amy Franke. Offsetting is only permitted with legally established or recognized claims.

8.4 If the fulfillment of a payment claim is jeopardized, Amy Franke can demand advance payment and immediate payment of all open invoices, withhold goods or other services that have not yet been delivered, and stop working on ongoing orders. Amy Franke is also entitled to these rights if the client does not make any payment despite the reminder of the default.


Specimen Copies

9.1 The client is obliged to provide the Amy Franke of reproduced works with at least 15 specimen copies free of charge, which Amy Franke may also use in the context of its own advertising.



Amy Franke reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason (2) to modify or change the site, or any portion of the site, and any applicable policies or terms and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


Limitation of Liability

Except where prohibited by law, in no event will Amy Franke shop be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Amy Franke has been advised of the possibility of such damages.



You agree to indemnify and hold Amy Franke, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Amy Franke by any third party due to or arising out of or in connection with your use of the site.


Violation of these Terms of Use

Amy Franke may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Amy Franke rights or property, or the rights or property of visitors to or users of the site, including Amy Franke’s customers. Amy Franke reserves the right at all times to disclose any information that Amy Franke deems necessary to comply with any applicable law, regulation, legal process or governmental request. Amy Franke also may disclose your information when Amy Franke determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Amy Franke may preserve any transmittal or communication by you with Amy Franke through the site or any service offered on or through the site, and may also disclose such data if required to do so by law or Amy Franke determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Amy Franke, its employees, users of or visitors to the site, and the public.

You agree that Amy Franke may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Amy Franke, for which monetary damages would be inadequate, and you consent to Amy Franke obtaining any injunctive or equitable relief that Amy Franke deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Amy Franke may have at law or in equity.

You agree that Amy Franke may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.

If Amy Franke does take any legal action against you as a result of your violation of these Terms of Use, Amy Franke will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Amy Franke. You agree that Amy Franke will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.


Governing Law Dispute Resolution

You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of Germany. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between afgraphics shop and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Void Where Prohibited

Amy Franke administers and operates the afgraphics site from its location in Holzkirchen, Germany. Although the site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations.

Amy Franke reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited.


Privacy Prevention

Amy Franke actively and aggressively enforces its intellectual property rights to the fullest extent of the law.