Contract partners in the framework of the following General Terms and Conditions are XXLPIX GmbH (hereafter called “XXLPIX”) and the customer.
All deliveries and services that XXLPIX provide for customers are performed exclusively on the basis of the following General Terms and Conditions in their version valid at the time of order.
Deviating regulations are excluded. Regulations other than those contained herein only become valid with explicit written agreement between XXLPIX and the customer.
The General Terms and Conditions in their respective valid version at the time of the order are also valid for future orders, even if they are not agreed upon explicitly again.
Contract conclusion
The offers of XXLPIX on their Internet pages are an unbinding offer to the customer to order goods from XXLPIX.
The customer launches a binding offer for the conclusion of a contract through the order of the desired goods by filling out and sending the online form in the Internet via email, fax, telephone, mail, or by using the upload software provided for this purpose. The offer is binding at the latest after it has passed the point of intersection to XXLPIX.
The offer is accepted by XXLPIX by sending an order confirmation or shipping the ordered goods. The order confirmation shall take place within 48 hours via email. After effectless expiration of this term, the offer is deemed as rejected.
Prices
All prices are stated including the prevailing value added tax without costs for packaging and shipping.
Costs for packaging and shipping (shipping costs) are billed separately according to our list.
All stated prices, including those for packaging and shipping, are only valid at the time of order. Upon the updating of the Internet pages of XXLPIX, all previous prices and other data concerning the goods become invalid. The version valid at the time of order is decisive.
Terms of payment
The customer can choose the type of payment upon order.
For payment on account, the customer shall pay the invoice total at the latest within 8 days. Payments are regarded as paid on the day on which XXLPIX can dispose of the amount.
If the customer selects debiting from his account, the invoice total is withdrawn on the day of shipment. Costs that arise due to lacking coverage or falsely stated bank data, especially costs of return debit and other bank operation fees, are to be reimbursed by the customer.
Should the orderer come into delay of payment, XXLPIX may demand default interest in the amount of the legal interest rate. The enforcement of further delay damages remains untouched and reserved.
Charges for the payment, especially for bank transfers from foreign countries are to be borne by the customer.
Right of cancellation
Right of cancellation
You have the right to cancel this contract within 14 calendar days without stating reasons. The cancellation period will expire after 14 calendar days from the day your order is delivered to you or a third party, determined by you, that is not the carrier.
To exercise your right to cancel, you must inform us of your decision to cancel this order by sending a clear statement to XXLPIX GmbH, Alexanderstrasse 7, 12529 Schönefeld, Telephone: + 49 30 213 008 030; Fax: +49 30 213 008 030, e-mail: service@xxlpix.net (e.g. a letter sent by post or an e-mail).
You may also use the revocation form provided on our website (www.acrylic-glass-photo.co.uk) and fill it in and send it electronically or by mail. The use of this form is not obligatory. If you cancel using our form or by e-mail we will acknowledge your cancellation by e-mail as quickly as possible. To meet the cancellation deadline, it is sufficient for you to notify us before the cancellation period has expired.
Effects of cancellation
If you cancel this order, we will reimburse all payments received from you for the product, including the delivery charges that you paid up to a maximum amount of the cost of our standard delivery (except for any additional costs which may have occurred as a result of your choice of a delivery method other than the cheapest, standard delivery method offered by us). We will refund you without undue delay, and not later than 14 calendar days after the day we receive the product from you, or (if earlier) 14 calendar days after the day you provide evidence that you have sent us the returned product.
We will make the refund using the same means of payment you used for the initial purchase, unless you have expressly indicated otherwise; in any event, you will not incur fees as a result of the refund.
You have to return the product promptly and in any event not later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send back the product before the 14-day deadline. You bear the direct cost of returning the product.
You only need to pay for any diminished value of the goods, if the deterioration in value is due to your handling of the product in a fashion that is not necessary, or fitting to the function and characteristics of the product.
Exclusion of the right to cancel
The right to cancel does not apply to contracts for the supply of products which are not prefabricated and for their production determined by the individual choice or decision of the consumer, or is clearly tailored to the personal needs of the consumer.
Delivery conditions
Delivery is done by shipping to the shipping address stated by the customer under the regulations determined on the website.
The delivery time results from the statement of the website as well as from the order confirmation sent to the customer. Statements concerning the delivery periods are always unbinding, insofar the delivery date was not confirmed exceptionally in writing. Every delivery is subject to the reservation that XXLPIX is also properly supplied on time.
Should a product ordered by the customer not be available in contrary to expectation in spite of timely disposition from XXLPIX, XXLPIX is authorized to offer the customer a product equal in quality and price, or to resign from the contract. XXLPIX will inform the customer immediately of the non-availability, and reimburse the customer for payments already performed in the case of resignation.
XXLPIX is authorized to perform partial deliveries. Delays in the delivery by XXLPIX does not authorize the orderer to damage compensation claims, unless XXLPIX acted in gross negligence or intent. Further claims of the customer remain reserved.
If delays in the delivery are caused by reasons beyond the power of XXLPIX (Acts of God, fault of third parties, and others), the term is extended adequately. The customer shall receive immediate notice of this situation. If the causes for the delay endure for more than four weeks after contract conclusion, each party has the right to resign from the contract.
The delivery is performed at a fixed charge for packaging and shipping (§ 3 par. 2), the exact amount is stated separately for each delivery.
If the customer is not at home upon delivery of the package, and the package is not picked up within 7 working days at the post office by the customer, or the customer denies acceptance of the package, XXLPIX has the right to cancel the order and resign from the contract.
Warranty
The claims of the customer towards XXLPIX in case of defects are subject to the legal regulations within the legal terms, insofar no deviations arise from the following regulations. The legal term of warranty is currently two years. The customer is to declare apparent defects immediately in writing, at the latest however within two weeks after receipt of the delivery. Later notice of such defects is barred.
A material defect is not given if the delivered quality corresponds to the technical standard of digital photo development and processing. Deviations in colour between the photos and the original image files cannot be avoided for technical reasons and therefore do not pose to be material defects. Quality loss that is emphasized due to a lack of quality (e.g. “resolution” of the original image files) is also not termed a defect. No special condition of the goods to be delivered is agreed upon.
Retention of proprietary rights
The customer is not authorized to offset claims of payment of XXLPIX with own claims, unless the claims of the customer are determined without dispute or by legal approval.
The customer is not authorized to hold rights of retention against claims of payment from XXLPIX – also from notice of defects – unless they result from the same contract relationship.
Contractual exclusion of offsetting, rights of retention
Der Kunde ist nicht berechtigt, mit eigenen Ansprüchen gegen Zahlungsansprüche von XXLPIX aufzurechnen, es sei denn, die Forderungen des Kunden sind unstreitig oder rechtskräftig festgestellt.
Der Kunde ist nicht berechtigt, Zahlungsansprüchen von XXLPIX Rechte auf Zurückbehaltung – auch aus Mangelrügen – entgegenzuhalten, es sei denn, sie resultieren aus demselben Vertragsverhältnis.
Copyright
The customer is solely responsible for the content of the transferred image files. It is required that the customer possesses all necessary copyrights, brand name rights, and other rights for all transferred works, files, and images, as well as for the archiving of image data.
In case of violation of such rights, the customer is obligated to release XXLPIX of the claims of third parties. This is generally done by acceptance of fault in the relationship to the party posing the claim. If he does not agree to the acceptance of fault, the customer shall release XXLPIX from all claims within the internal relationship. In this case, the customer shall support XXLPIX in the defense of the claim. The customer shall pay all costs arising in this situation (attorneys fees, court fees, penalties, etc.)
Admission of licence
The customer keeps all rights to the documents that are transferred to XXLPIX by the customer or by persons authorized by the customer.
The customer assigns XXLPIX the right unlimited in time and space to use the image data for the services to be performed in the framework of the contract fulfilment. This also includes the saving, reproduction, and processing of the image data. This also includes the right to provide individual images to third parties in the framework of defect elimination.
Criminal responsibility, service denial right
The customer is responsible for the legal admissibility of the content. With order placement, he assures that the content of the transferred image data do not violate the laws, especially not the regulations §§ 86 ff., 184 ff. StGB. XXLPIX is not obligated to perform service beyond that that cause XXLPIX to violate laws.
Should contents of the data sent by the customer violate legal regulations, XXLPIX shall file claim. At the same time, XXLPIX has the right to deny service, and resign from the contract.
XXLPIX is authorized but not obligated to review the content placed in the web album of the customer for legal admissibility. Insofar content violates valid law by opinion of XXLPIX, XXLPIX is authorized to delete the content without prior notice. In case of complaints or reclamations of third parties towards the information of the customer no matter for what legal reason, XXLPIX will delete the contents immediately in any case. A claim towards XXLPIX because of barring of content after legal suit or complaint of third parties is expert, insofar XXLPIX did not perform an unjustified deletion by gross negligence or intention.
Ineffective clauses, Place of jurisdiction
Should one or several regulations of these GTC be ineffective, this does not render the entire contract ineffective. The ineffective regulation is replaced by the relevant legal regulation.
If the customer is merchandiser, legal entity of public law, or public corporation, Berlin is the exclusive place of jurisdiction or all disputes arising directly or indirectly from the contractual relationship. The same is valid if the customer does not possess a valid place of jurisdiction within the country, a customer has moved his residence or place of regular inhabitation abroad after contract conclusion, or his residence or place of regular inhabitation is unknown at the time of filing of action.
Applicable law
German law is applicable for the conclusion and handling of all contracts.
The application of the UN Convention on Contracts for the International Sale of Goods is exempt.
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