Terms of conditions

1. Validity

   Picanova GmbH
   Hohenzollernring 25
   50672 Cologne
   Germany (hereinafter referred to as "Photo.Gifts") and the Purchaser are the contractors under the following terms and conditions.

   For the business connection between "Photo.Gifts" and the buyer, the subsequent terms and conditions are valid in their composure from the moment of the order. Photo.Gifts doesn´t accept deviant conditions of the buyer, unless Photo.Gifts has accepted an assertive written application earlier.

2. Prices

   All listed prices are retail prices inclusive of the legal value added tax, which is valid in each case (nowadays 19 percent) without costs of packaging and dispatch. All offered promotions and special offer prices only apply to retail customers. Commercial customers are excluded from these actions. Costs for packaging and dispatch (forwarding expenses) are charged according to our installation separately. All listed prices, also for packaging and dispatch, count only at the time of the order. With updates on the Internet pages of Photo.Gifts all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.

3. Payment Terms

   The customer can choose Credit card payment, Paypal) at the time of order. Costs that are incurred due to insufficient funds or faulty provided bank data, especially the costs of back charge and other miscellaneous are to be reimbursed by the customer. If the purchaser in arrears, the Photo.Gifts has the right to demand arrears charges of 5% above the announced base interest rate per year by the European Central Bank and miscellaneous bank processing fees. In the event Photo.Gifts a proven higher arrear damage caused by delay has occurred, Photo.Gifts has the right, to assert claim to said damage. The customer bears the costs of payment, particularly transferred from abroad.

4. Right of withdrawal

   Customers do not have the right to cancel orders of products customized to the customer's specifications or tailored specifically to the personal needs of the customer. For this reason, your screen print order of a customized print cannot be canceled, as expressly stated here. In the case of prepayment, if payment has not appeared in the account listed in the order confirmation within seven days, then Photo.Gifts has the right to cancel the order and to withdraw from the contract.

5. Terms of Delivery

   The delivery is done by sending the purchased items to the customer to the address provided. After receipt of payment your order will be prepared for shipment within 1 - 5 working days. Each delivery is subject to the proviso that Photo.Gifts timely and properly supplied. If a product ordered by the customer is found to be unavailable, an equivalent of the price of the ordered items will be provided. Photo.Gifts will notify the customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. Photo.Gifts is entitled to make partial deliveries. Delayed deliveries of Photo.Gifts do not entitle the buyer to compensation claims, unless Photo.Gifts is of negligence or intent to load. Further claims remain reserved for the customer. Delays in delivery based on the grounds that Photo.Gifts is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the customer shall be informed immediately. If prolonged, the causes of delays longer than four weeks after the conclusion of the contract that each party is entitled to withdraw from the contract. If the customer is not encountered at home upon the delivery of the package, and the packet is not picked up from the post office within 7 days by the customer or the customer refuses the acceptance of the package, Photo.Gifts has the right to cancel the order and cancel the contract. Shipping charges include packing and shipping for each picture. Shipping charges can be found in the shipping pricelist. Depending on the format and delivery country, shipping takes place via GLS, GEL, DHL, HERMES or UPS.

6. Warranty

   The defect liability terms in accordance with the law apply. The customer is not entitled to transfer a claim. If there are no other results, further titles of the customer - for whatever reasons - are excluded. Photo.Gifts holds no responsibility for faults that arise on items to be delivered; especially Photo.Gifts takes no responsibility for lost profit or other financial loss of the purchaser. As far as the contractual liability of Photo.Gifts is excluded or restricted, this applies to personal liability of jobholders, substitutes and auxiliary personnel. Apparent faults have to be reported in written immediately. However this should be implemented within two weeks from the delivery. The reports that are implemented after the fortnight period will be discarded. Inadequacy of quality will not be an issue as long as the delivered quality is corresponding to technical standards of digital Photo development and editing. Since the technical variations in colors of image and original can't be avoided, it will not be considered a fault related to the quality. Loss of quality: it wont be a fault with quality had the original itself is of less quality. (e.g. resolution of original image). A specific characteristic of deliverables is not agreed. Limitation of liability will not be valid if it has been an intentional effort, caused by careless treatment . Warranty does not apply if the purchaser is found to be with fallacies and claims regulated by law. Typically, if Photo.Gifts violates an essential contractual obligation, liability to pay damages is restricted to the incidental damage. If the supplementary performance has been carried by means of additional supply, the purchaser is obliged to return the original items within 30 days on account of Photo.Gifts. Return consignment of faulty goods has to be fulfilled according to statutory provisions. Photo.Gifts reserves the right for claiming compensation according to legal matters. Limitation period is 24 months per delivery.

7. Retention of title

   The products ordered remain the property of Photo.Gifts until payment is completed. No resale, leasing, pledging, transfer of title for security purposes, conversion, other disposition or transformation is permissible before conveyance of title without the explicit consent of Photo.Gifts.

8. Prohibition of offset, rights to withhold

   The customer is not entitled to offset claims of Photo.Gifts for payment with his own claims, unless the claims of the customer are established beyond dispute or are of legal force. The customer is not entitled to oppose claims of Photo.Gifts for payment with rights to withhold – even for notification of deficiencies – unless they result from the same contractual relationship.

9. Copyrights

   The client is solely responsible for the contents of transferred image data. We assume that the client possesses the necessary copyrights, trademark rights or other rights for all works, files and images that are transferred. In case of infringement of those rights, the client is obligated to indemnify Photo.Gifts from any claims that might be issued by third parties. This is strictly ensured by liability assumption versus the claimant. If the claimant does not approve the liability assumption the client will indemnify Photo.Gifts from all claims. In this case the client will support Photo.Gifts in the defense of such claims. The client bears all incidental expenses (e.g. court and lawyer costs, fines, etc.).

10. Granting of License

    The customer retains all rights to all documents to be transferred to Photo.Gifts by the customer or by the persons authorized by the customer. For the execution of the contract the customer grants Photo.Gifts the unrestricted right in time and space to use the available image data to provide the service in the context of the contract management. This contains also the storage, reproduction and processing of image data. This includes the right to make available some pictures for correction and improvement to third parties.

11. Newsletter

    In order to keep you up to date on our latest offers, we will send newsletter of Photo.Gifts and their affiliated companies to the provided email address. You may unsubscribe the newsletter at any time without having to pay additional costs except the regular transmitting costs at standard rates. It is sufficient to send a message in text form to unsubscribe@photo.gifts or to the contact details provided in the imprint (e.g. fax, letter). Please note that, each newsletter contains a link to unsubscribe off future messages.

12. Responsibility of Penology, right to withhold performance

    The customer is liable for the lawfulness of the content. He assures that the contents of the transferred image files don't offend the penal law, with the placement of his order. Especially there should not be a violation of the regulations of the §§86 et seq, 184 et seq. of the German StGB (Penal code law). Furthermore Photo.gifts has no obligation to deliver services which have the consequence of statutory violations. Photo.gifts will report an offence to the police if contents of files sent by the customer violate the penal law. Simultaneously Photo.gefts has the right to deny any service and to withdraw from the contract. Photo.gifts is allowed but not obliged to examine the contents that are uploaded to the Web album as far as their rightfulness is concerned. As long as contents violate applicable laws, Photo.gifts has the right to delete contents without prior notice. In case of complaints or objections of third parties against the information of the customer – regardless of the legal ground – Photo.gifts will immediately delete the contents. A claim against Photo.gifts due to the blocking of contents after a complaint or objection by a third party is excluded, if Photo.gifts is said to have made an unjustified deletion deliberately without inspection.

13. Alternative Online Dispute Resolution according to Art. 14 Abs. 1 Resolution (EU) 524/2013

    The European Commission is providing a dedicated platform for Online Disputes for consumer disputes (OD), which can be accessed via http://ec.europa.eu/consumers/odr/. Since we are not obligated to participate in such dispute procedure by law, we herby inform that we do not attend to such a Dispute Resolution on either compulsory or voluntary basis.

14. Choice of forum clause

    Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission. Customer hereby agrees that Cologne is to be determined as the exclusive forum for all legal and contractual disputes resulting directly or indirectly from the contractual relationship if the purchaser is a legal entity formed under German law as tradesman, German Commercial Code. Cologne is also the exclusive forum for any disputes resulting directly or indirectly from the contractual relationship if the customer is determined not to be subject to personal jurisdiction in Federal Republic of Germany. Furthermore, Cologne is determined to be the exclusive forum for any disputes if a customer moves his principal place of residence, outside of the Federal Republic of Germany or his principal place of residence is determined to be unknown at the point of commencing legal action.

15. Governing Law

    The closure and liquidation of all contracts shall be governed by German law. The application of the CISG is excluded.