1. Free download of the software
§ 1 Abstract
1. The orderer instructs myphotobook GmbH (thereafter ‘myphotobook’) with the production of one or more photobooks. The instruction of myphotobook by the orderer can solely be made with the latest software version of myphotobook. The software version can be downloaded at www.myphotobook.co.uk.
2. Only these conditions of use and sale are valid for orders of photobooks with myphotobook. Contrary, complementary or differing conditions of the orderer will only become part of the contractual agreement, if myphotobook specifically accepts these conditions in written form.
§ 2 Conclusion of Contract
1. The order made by the orderer thorugh the internet is a legally binding offer. The orderer has to enter complete and correct data and pledges himself not to enter data of third parties. myphotobook will promptly confirm the receipt of the order per email or in any other way, whereas this confirmation of the receipt of the order does not represent the acceptance of the orderer’s offer. Rather, it shall inform the orderer that the order was received by myphotobook.
2. The orderer principally abandons the right of receiving a declaration of acceptance by myphotobook. The conclusion of the contract takes place when myphotobook promptly starts to process the instruction after receiving the order. As a general rule the ultimate production of the photobook takes place only after receipt of payment by myphotobook.
§ 3 Prices
1. The orders will be processed with the prices that are valid on the day the orders take place. All prices are in British Pounds (GBP) and include VAT. The costs of packing and shipping are not included in the prices.
2. When sending photobooks to countries out of the European Union, additional costs like custom fees can accrue. These costs have to be beared by the orderer.
3. myphotobook reserves the right to correct wrong prices that have been displayed by mistake. In case such a correction leads to a higher price the orderer has the right to cancel the contractual agreement.
§ 4 Shipping and Delivery
1. Principally, myphotobook reserves the right to choose the mode of transport. The shipping costs have to be beared by the orderer.
2. Unless otherwise arranged the order will be delivered to the shipping-address specified by the orderer. Details about delivery times are not binding, unless a certain delivery date has been bindingly arranged.
3. myphotobook reserves the right for partial shipment.
§ 5 Payment
1. The orderer can choose between three different modes of payment: Credit Card, Direct Debit or Bank Transfer.
2. Provided that the orderer pays with Direct Debit he has to grant myphotobook an operative direct debit authorisation. myphotobook reserves the right to commission a third party with the collection of the outstanding balance. Amounts approved for Direct Debit collection by the orderer will be immediately credited to myphotobook or the third party. myphotobook reserves the right to carry out a credit assessment. In case of a negative credit assessment as well as in the case of a rejected Direct Debit, myphotobook reserves the right to block this payment method for the orderer. With the Direct Debit instruction the orderer gives myphotobook the authorisation to collect the relevant amount from the stated account per Direct Debit procedure. Will a Direct Debit payment be rejected because of, for example, incorrect details, cancellation or shortage of cover, the orderer has to bear all arising costs up to an amount of
€ 25,-. The orderer commits himself to notify myphotobook of any change of his account details or if he switches his account. Furthermore, if the orderer switches his account he commits himself to give myphotobook a Direct Debit authorisation for the new account. The orderer has the right to make an inquiry about his balance within a billing period.
3. Payment per bank transfer: The outstanding amount has to be transferred to the account of myphotobook. The order will not be processed until the outstanding amount is credited to the account of myphotobook.
§ 6 Charging, Retention
A right for charging is only granted to the orderer, if his counterclaims are legally assessed or accepted by myphotobook. The orderer is only entitled to the right of retention as his counterclaims are based on the same contractual agreement.
§ 7 Liability
1. myphotobook does not guarantee 100% loyal colour reproduction of the prints. The orderer hast to claim any deficiencies within two weeks after receipt of the photobooks in written form. Claims can only be made against myphotobook. Does the orderer fail to make a claim, the delivered photobooks will be considered as approved and the orderer loses his claims on the liability of defects.
2. myphotobook is only liable for defects caused by deliberate and grossly negligent behaviour. The liability is limited to the contractually typical defects, the orderer has to count on when entering into the contractual agreement. Consequential losses, profits and savings forgone are excluded from liability.
3. As far as liability is excluded, this is also valid for personal liability of the employer, factors, servants and assignees of myphotobook.
4. The above liability limitations are not valid in the case of bodiliy injury.
§ 8 Retention of Title
The photobooks are legal property of myphotobook until full payment is received.
§ 9 Copyrights
1. Only the orderer is responsible for the content of transmitted text and images.
2. The orderer commits to owning the copy-, trademark- and/or all other required rights of the images transmitted to myphotobook for the production of the photobooks.
All consequences resulting from possible infringements of these rights are to be borne by the orderer. In this respect, the orderer has to relieve myphotobook on the first request from any claims made by third parties.
3. The orderer assures that the content of the transmitted text and images does not infringe upon applicable law, in particular child pornography law.
§ 10 Data Protection
1. myphotobook provides a very high standard considering state-of-the-art data protection. The saving of the data is the responsibility of the orderer; there is no back-up on the part of myphotobook.
2. The transmitted images in the private and semi-public area (access for friends) are only accessible by persons explicitly authorised by the orderer.
§ 11 Examination and Deletion of Content
1. myphotobook reserves the right to check content transmitted by the orderer for its lawfulness. Should myphotobook have the opinion that the content infringes upon applicable law, my photobook reserves the right to delete the concerning content without prior notification. In case of content liable to prosecution myphotobook reserves the right to report to the law enforcement agency in charge.
2. In case of a complaint or objection of a third party against content transmitted by the orderer, myphotobook will instantly delete the content, no matter what legal position the complaint or objection is based on. Provided that, at a later point in time, the complaint or objection by the third party proves to be unjustified, and that myphotobook has wrongfully deleted content of the orderer, myphotobook is excluded from any claims as long as myphotobook has not acted deliberately or grossly negligent.
§ 12 Data Processing and Data Protection
1. myphotobook stores the orderer’s personal data collected to fulfill the contractual agreement on his servers in Berlin, Germany.
2. The personal data will only be collected, processed, stored, or used otherwise in connection with the processing of the order.
3. Circulation of the orderer’s data for advertising purposes only occurs when the order has granted his permission.
§ 13 Miscellaneous
1. Only the German law for the sale of goods applies under exclusion of the United Nations Convention on Contracts for the international sale of goods.
2. Place of fulfillment for all liabilities of the orderer and place of jurisdiction is Berlin, Germany.
3. Should one of the before mentioned conditions be invalid or become invalid, none of the other conditions will be affected. The invalid condition will be replaced by a condition that comes as close to the purpose of the invalid condition as possible.