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Terms & Conditions

General Terms and Conditions


(The following General Terms and Conditions also contain legal information on your rights in electronic commerce and mandatory information for consumers)

Section 1 Definition of terms
Section 2 Scope of the General Terms and Conditions for entrepreneurs
Section 3 Upload of pictures by the buyer
Section 4 Legal guarantee
Section 5 Transport damage
Section 6 Applicable law
Section 7 Place of jurisdiction
Section 8 Consumer information and information in electronic commerce
1. Contract language
2. Conclusion of the contract and technical steps leading to the conclusion of the contract
3. Correction of input errors before sending the order
4. Storage of the contract text
5. Details regarding payment
6. Details regarding delivery
7. Prices and shipping costs
8. Information about legal guarantee conditions and commercial guarantees
9. Right of withdrawal for consumers
10. Essential characteristics of the goods or services
11. Identity and identifiable address of the seller
12. Online dispute resolution (ODR platform)
13. Settlement of disputes under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)

Section 1 Definition of terms


(1) If special rights and obligations are agreed in these General Terms and Conditions only for consumers according to Section 13 of the German Civil Code (BGB) or only for entrepreneurs according to Section 14 of the German Civil Code (BGB), the following definitions shall apply:
(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
(3) An entrepreneur as defined in Section 14 of the German Civil Code (BGB) means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.

Section 2 Scope of the General Terms and Conditions for entrepreneurs


(1) If the buyer is an entrepreneur as defined by Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), these General Terms and Conditions shall apply exclusively. The General Terms and Conditions of the buyer shall only apply if the seller has expressly agreed to them in writing prior to the conclusion of the respective contract.
(2) If the buyer is an entrepreneur as defined by Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.

Section 3 Upload of pictures by the buyer


(1) Buyers may upload pictures to the seller’s system in accordance with the following provisions.
(2) The buyer is prohibited from uploading pictures that violate applicable law (e.g. the principles of the protection of minors) or violate the rights of third parties (in particular copyrights, trademark rights, competition rights and personal rights of third parties).
(3) If there is a suspicion of illegal or punishable content, the seller is entitled and, as the case may be, also obliged to check your activities and, if necessary, to initiate suitable legal steps and to involve the investigative authorities.
(4) With the uploading of pictures, the buyer grants the seller a free, non-exclusive right of use for the respective content, in particular
– to store the contents on the server of the seller to provide the services offered and to comply with legal obligations (e.g. tax and commercial evidence purposes).
– to process and reproduce, as far as this is necessary for the performance of the offered services.
– to store copies made for backup and/or evidence purposes for an unlimited period of time.
(5) The buyer is fully responsible for the content uploaded by them. The buyer represents and warrants to the seller that they are the sole owner of all rights in the pictures uploaded by them or otherwise (e.g. by effective permission of the copyright holder) entitled to upload the content to the seller’s systems and to grant the rights of use as set forth in paragraph (2) above.
(6) The seller reserves the right to refuse to upload content and/or to block or remove content that has already been uploaded and to withdraw from the contract if the upload of content by the buyer or the uploaded content itself has led to a breach of these General Terms and Conditions or if there are concrete indications that a breach will occur. The seller will, however, take the legitimate interests of the buyer into consideration and choose the mildest means to defend against the violation of these General Terms and Conditions.
(7) The buyer shall indemnify the seller against any claims in connection with any infringement of rights for which the seller is responsible as a result of prohibited uses and activities as defined by these General Terms and Conditions. The buyer undertakes to compensate the seller for all disadvantages and damages arising in this connection. This also includes the costs for a necessary legal defence against claims of third parties.

Section 4 Legal guarantee


(1) If the buyer is a consumer as defined by Section 13 of the German Civil Code (BGB) (see Section 1 Paragraph 2 of the General Terms and Conditions), they shall be entitled to the statutory legal guarantee rights. The legal guarantee period is 24 months from delivery of the merchandise to the buyer.
(2) If the buyer is an entrepreneur as defined by Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), the legal guarantee period for new merchandise shall be one year from the date on which the merchandise is delivered. Claims for damages shall be governed by the statutory provisions.
(4) If the buyer is an entrepreneur as defined by Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), they shall only be entitled to legal guarantee claims due to existing transport damage if they fulfilled their duty to examine and notify as per Section 5 Paragraph 4 of these General Terms and Conditions.

Section 5 Transport damage

 
(1) If the buyer is a consumer (see Section 1 Paragraph 2 of the General Terms and Conditions), we ask that you notify the forwarding agent in the case of goods with obviously damaged packaging or content or refuse acceptance. We also ask the buyer to immediately contact us by e-mail, fax or post in such cases.
(2) Please also inform us immediately if hidden defects are discovered.
(3) The above provisions do not imply any reduction of the legal guarantee rights, withdrawal rights and limitation periods.
(4) If the buyer is an entrepreneur as defined by Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), they shall be obliged to examine the goods for transport damage immediately upon receiving the goods. The seller must be notified of any identifiable transport damage in writing and without delay. If the packaging is damaged, the buyer must obtain written confirmation of this from the forwarding company when accepting the goods. If such a defect is detected at a later point in time, notification must be given immediately after discovery.

Section 6 Applicable law


Any disputes arising from this legal relationship shall be governed by the law of the Federal Republic of Germany excluding the conflict of laws provisions. With regard to consumers (see Section 1 Paragraph 2 of the General Terms and Conditions), this choice of law only applies to the extent that mandatory provisions of the law of the state in which the consumer has their habitual residence do not conflict with the provisions of these General Terms and Conditions. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Section 7 Place of jurisdiction


For disputes arising from or in connection with the delivery of the goods and/or these General Terms and Conditions, the courts at the seller’s registered office shall have exclusive jurisdiction if the customer is a merchant or if the customer is a legal person under public law or a special fund under public law or if the customer has no permanent residence in Germany, if the customer has relocated their domicile or habitual residence abroad after these General Terms and Conditions have come into effect or if the customer’s domicile or habitual residence is unknown at the time the action is filed.

Section 8 Consumer information and information in electronic commerce


1. Contract language

The contract language is German. These General Terms and Conditions have been translated from German into English for the convenience of our international customers; however, only the German version is binding.

2. Conclusion of the contract and technical steps leading to the conclusion of the contract

a) The product presentations in the online shop are not binding offers of the seller but merely represent an invitation by the seller to the buyer to submit a purchase offer to the seller.
b) If the buyer puts a product in the shopping cart, they go through the ordering process in the online shop of the seller before submitting a binding offer. Only with submitting the online order by clicking the binding order button “Order payable" makes the buyer a binding offer for the ordered goods at the price indicated in the order overview.
(c) The buyer’s offer shall be accepted by the seller at the time when the payment order to the payment service provider is confirmed. With the confirmation of the payment order to the payment service provider by the buyer, the contract is concluded with the seller.

3. Correction of input errors before sending the order

Before finally submitting the shopping cart, you can check your order and change the order quantity if necessary. Input errors can then be corrected by changing the order quantity.

4. Storage of the contract text

The order data, the General Terms and Conditions and the data protection declaration are sent to the buyer along with the order confirmation of the seller by e-mail in text form. In addition, the contract text is stored on the seller’s internal systems and sent to the buyer again by e-mail on request.

5. Details regarding payment

a) The payment of the purchase price takes place through the payment options offered in the order process.
b) Payments in instalments require prior consultation/agreement with the seller.
c) In the event of default in payment, the seller is entitled to withdraw from the contract if he has unsuccessfully set the debtor a reasonable deadline for performance or subsequent performance.

6. Details regarding delivery

a) Unless otherwise agreed before conclusion of the contract, the goods will be delivered by shipment to the address in Germany given by the customer via PayPal or during the order process. Deliveries to other countries are excluded.
b) The maximum delivery periods as well as any existing delivery restrictions can be found under a correspondingly marked link in our online shop.
c) There may be delays in the delivery of the goods due to circumstances beyond the control of the seller, such as force majeure, operational disruptions etc. The seller shall immediately inform the buyer of any such delay. The buyer’s rights shall remain unaffected; in particular, the buyer shall be entitled to withdraw from the contract after a reasonable extension period has been set.
d) If delivery is impossible for reasons beyond the control of the seller, the entitlement to delivery shall be excluded. If performance cannot be effected, the seller undertakes to inform the buyer immediately of the impediments to performance and to refund any payments already made without delay.
e) Irrespective of any transport insurance, the seller bears the risk of loss of or damage to the goods in transit, provided that the buyer is a consumer as defined by Section 13 of the German Civil Code (BGB) (see Section 1 Paragraph 2 of the General Terms and Conditions). f) The seller may choose the forwarding company.

7. Prices and shipping costs

The prices indicated in the respective offers contain the statutory value added tax as well as other price components (total price) plus the separately shown forwarding expenses.

8. Information about legal guarantee conditions and commercial guarantees

a) Information about the legal guarantee conditions can be found in Section 4 of the General Terms and Conditions.
b) If the seller grants an additional voluntary guarantee, the legal guarantee rights of the buyer shall not be restricted by this. Rather, the guarantee applies in addition to the legal guarantee rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be found in the respective guarantee declaration.

9. Right of withdrawal for consumers

All offers on this website are made according to customer specifications. Pursuant to Section 312g Paragraph 2 Number 1 of the German Civil Code (BGB), there is no right of withdrawal for articles manufactured according to customer specifications.

10. Essential characteristics of the goods or services

You can find the essential characteristics in the seller’s offers.

11. Identity and identifiable address of the seller

Our identity and our identifiable address are:

dpu digital print union GmbH
represented by the Managing Director, Mr Jörg Salla
S-Bahnhof Alexanderplatz
10178 Berlin

12. Online dispute resolution (ODR platform)

The EU Commission provides an online platform for dispute resolution (ODR platform) with online traders. The ODR platform is intended for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. This ODR platform can be reached via the following link: https://ec.europa.eu/consumers/odr/

13. Settlement of disputes under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer conciliation body.

Last revision of these General Terms and Conditions: 01/07/2020