§ 1 Applicability
§ 2 Conclusion of the Contract
§ 3 Right of Revocation/Return
§ 4 Delivery
§ 5 Means of payment, Due date, Arrears and Retention of Title
§ 6 Claims for Defects
§ 7 Data Protection and Copyright
§ 8 Invalid Clauses, Jurisdiction
§ 9 Other Provisions
§ 1 Applicability
Your online merchandise orders through www.leinwandfoto-discount.de are subject exclusively to the following terms and conditions of IMWDE., Karl-Marx-Str. 144, 12043 Berlin, in the version valid at the time the order is placed. Any provisions deviating from these conditions only apply if they have been confirmed in writing by us. The contracting parties under the following terms and conditions are IMWDE and the customer.
§ 2 Conclusion of the Contract
Our information about products and prices within the ordering process are non-binding and non-obligatory. The customer's order constitutes a binding offer. This offer is accepted by us, if and when we assign your offer an order number. Until such time we have in particular the right to refrain from delivery of the goods offered in case of their unavailability. Only with the acceptance of the offer does an entitlement to delivery of the goods accrue. All prices include statutory VAT exclusive of costs of packaging and shipping. The individual shipping costs will be invoiced separately in accordance with our itemisation. All prices listed, including shipping and handling, are only valid as at the time of order. In each case the version valid at the time of ordering is applicable.
§ 3 Right of Revocation/Return
According to § 312d Para 4 No. 1 BGB (German Civil Code), there is no right of withdrawal for goods that are produced according to customer specifications or clearly tailored to personal customer needs. We explicitly state that there is no right of withdrawal from orders for photo products with an individual imprint.
In the case of payment in advance, should no cash receipt be recorded on the account specified in the order confirmation within five days after conclusion of the contract then IMWDE is entitled to cancel the order and the contract.
§ 4 Delivery
Delivery shall be made to the delivery address specified by the customer when ordering. The delivery time is based on the information provided on the website and the information provided to the customer in the order confirmation. Information on the delivery deadlines is non-binding in all but exceptional cases where a binding delivery date has been agreed in writing. Delivery is subject to a packaging and delivery charge. For details of current and individual delivery fees, please refer to the information on the website or to your order confirmation. Should, contrary to expectations and despite punctual processing by IMWDE and for reasons beyond the control of IMWDE, an ordered product not be available, IMWDE is entitled either to offer the customer a product comparable in quality and price instead of the ordered product or to cancel the contract. IMWDE shall inform the customer without delay about such unavailability and in the event of withdrawal refund any payments already made without delay. IMWDE is entitled to make partial deliveries. Any delay in delivery by IMWDE does not entitle the customer to seek compensation, unless IMWDE is guilty of gross negligence or intent. Any further claims of the customer shall remain reserved. Should delivery be delayed for reasons that IMWDE is not responsible, there shall be a reasonable extension of the deadline. In such cases, the customer shall be informed without delay. Should a delay last longer than four weeks from the date of contract, either party may withdraw from this contract.
Should the customer not be found at home upon delivery of the package and should the customer not pick up the package at his/her post office within seven working days or should the recipient refuse to accept the package, then IMWDE has the right to cancel the order and the contract.
§ 5 Means of payment, Due date, Arrears and Retention of Title
During the ordering process the customer shall choose from among the available payment methods. Any additional costs incurred for particular methods of payment shall be detailed on the website. The customer shall bear all payment charges, especially those for payment transfers from abroad. If the customer chooses payment by invoice, he/she shall pay the invoiced amount in no later than eight days. A payment shall be deemed made on the date on which IMWDE can dispose of the amount paid. If the customer opts for direct debit from his account, the invoice amount will be debited on the day of shipment. The customer shall be liable for any costs incurred due to insufficient funds or misstated bank data. If the customer is in default of payment, default interest at the legal rate may be charged. The right to claim further default damages remains unaffected and reserved. The ordered product remains the property of IMWDE until full payment has been made. Any resale, rental, pledging, assignment as security, processing, or other disposition or alteration is not permitted before transfer of ownership without the express consent of IMWDE. The customer is not entitled to offset his/her own claims against the payment claims of IMWDE, unless the claims of the customer are undisputed or legally binding. The customer is not entitled to counter payment claims of IMWDE with rights of retention – including the case of notice of defects – unless they result from the same contractual relationship.
§ 6 Claims for Defects
Any claims of the customer against IMWDE resulting from defects shall be governed by the relevant laws within the specified legal time limits and provided there are no deviations due to the following stipulations. The customer must report any obvious shortcomings in written form promptly but certainly no later than two weeks after receipt of delivery. A later notification of such defects shall be excluded. Attention should be paid to all information contained on packaging and in brochures. No liability shall be accepted for any usage and/or handling that deviates from such information.
A quality defect does not exist if the quality of the delivered product satisfies the technical standard of digital photo development and processing. Variations in colour between finished photo products and the original image files cannot be avoided on technical grounds and therefore do not constitute a defect. There is no defect where a quality loss is due to a lack of image quality of the original image files. There shall be no agreement reached on the provision of special features for any goods for delivery.
§ 7 Data Protection and Copyright
Any data necessary for order processing and archiving shall be stored. All personal data shall be treated confidentially and in compliance with the German Federal Data Protection Act (BDSG) and the German Teleservices Data Protection Act (TDDSG). We may disclose your personal data only to companies that process them on behalf of IMWDE and handle the shipping. A precondition of placing an order is that the customer secures and maintains their data records, including for the time subsequent to delivery of work. IMWDE shall be under no contractual obligation to secure data supplied by customers. Should the user decides to write a review, he/she thereby grants IMWDE an exclusive license, unrestricted as to time and place, to use the customer review for any purpose for the duration of the applicable law. The customer is solely responsible for the legality of all image files transferred; all the required copyright, trademark or other rights of the customer are assumed. In the case of infringement of such rights, the customer is required to indemnify IMWDE from claims made by third parties. This shall be principally accomplished through assumption of liability in relation to the claimant. Should the claimant not accept this assumption of liability, the shop operator shall indemnify IMWDE in accordance with the contractual relationship. In the case of infringement of such rights, the customer is required to assist IMWDE in resisting any such claims. The customer shall bear any costs (legal representation, court fees, fines, etc.) resulting from such claims. The customer is responsible for the legality of the content. By placing an order, the customer assures that the contents of the transferred image files do not violate criminal laws and that they especially do not contravene the provisions contained in §§ 86 ff., 184 ff. of the German Criminal Code (StGB). In the case of such a violation, IMWDE is entitled to cancel the contract and/or to file a claim.
In performance of the contract, the customer shall grant IMWDE unlimited rights, both spatial and temporal, to the use of any image data that he or she makes available so that IMWDE may provide the services required by contract. This includes the storage, reproduction and processing of the image data as well as the right to provide images to third parties in the context of error correction.
IMWDE is entitled, but not obliged, to examine content deployed by the customer as to its legality and, should such content contravene prevailing laws, to delete this content without prior notice. In case of complaints by third parties in relation to information provided by the customer, IMWDE shall delete the content immediately in all cases. Any resulting claims against IMWDE are excluded unless IMWDE has through gross negligence or intentionally carried out an unjustified deletion.
§ 8 Invalid Clauses, Jurisdiction
If one or more provisions of the underlying terms and conditions shall prove ineffective, the validity of other provisions shall not thereby be affected. The ineffective provision shall be replaced by the statutory provision that comes closest to the intended purpose. If the customer is a merchant, a legal entity under public law or a public-law special fund, the place of jurisdiction for all claims arising from and in connection with the contractual relationship is Berlin, Germany. This also applies when a customer has no general domestic place of jurisdiction or when the purchaser moves his place of residence or his normal whereabouts outside Germany after conclusion of the contract or if his place of residence or his normal whereabouts are unknown at the time the suit is filed.
§ 9 Other Provisions
German law applies, excluding the UN Sales Convention.
As of: 01.10.2008
