Terms and Conditions

The general terms in detail

QQQ GmbH operates the ''Foto-und-Kind'' service.
Orders from this picture service are subject to the following general terms and conditions.
When ordering, we will sell you the goods and services according to the delivery and sales conditions listed below (General Terms and Conditions QQQ GmbH /Adress: Landsberger Str. 501 81241 München Germany).). The company QQQ GmbH is registered with the register court in the commercial register under the number ''HRB 151573 München''.

General

(1) All agreements made between QQQ GmbH and a customer for the execution of an order are laid down in writing in these General Terms and Conditions (GTC). The QQQ GmbH internet service is used exclusively in accordance with the following terms and conditions. Any other conditions of the customer are hereby rejected. For deviations from the general terms and conditions of QQQ GmbH, a written confirmation is required for each individual transaction.
(2) For contracts, QQQ GmbH has the right to unilaterally change the terms and conditions if the change is reasonable for the customer, taking into account the interests of QQQ GmbH. This also applies to existing contracts. If a change remains without economic disadvantages for the customer, it is reasonable. We will notify the customer of changes in writing or by e-mail. The objection period for changes is 6 weeks before the changes take effect. In the event of an objection, QQQ GmbH has the right to terminate the contract.
(3) The delivery and sales conditions do not apply for a specific period. If other conditions apply to certain products (e.g. special offers), QQQ GmbH will point out the change to these products directly.

conclusion

(1) The order placed by a customer via the Internet, in writing, by telephone or orally and received by QQQ GmbH is a binding offer.
(2) The presentation of goods and services on the QQQ GmbH website alone is not a binding offer, but is subject to change and non-binding.
(3) The order is binding for QQQ GmbH if it is confirmed in writing within 8 working days or is fulfilled by sending the goods. If this does not happen, the offer is considered rejected. The customer therefore waives the receipt of a declaration of acceptance.
The receipt of the customer's offer is confirmed by email within 2 hours and only serves to confirm the receipt of the customer offer and is not an acceptance of the offer.
(4) In particular, the section 'Copyright for images', paragraph (2) applies: QQQ GmbH is entitled to reject the customer's offer for the reason mentioned there. As a rule, the customer is informed of this by email stating this reason.

Prices

(1) The price valid on the day of the order is the basis for the offer and is carried out at this price.
(2) If a mistake has crept into the prices, QQQ GmbH is entitled to correct these erroneous prices. If this correction leads to a price increase for the customer, this entitles the customer to withdraw from the contract.
(3) All prices are given in euros (EUR / ¤). The applicable statutory sales tax is included in the amount.
(4) Should QQQ GmbH deliver outside the EU countries, additional customs fees may apply. The customer bears these customs fees.

Shipping

(1) QQQ GmbH supplies its customers according to customary conditions.
(2) QQQ GmbH determines the packaging and shipping method (provider) of the goods. The shipping costs are calculated according to the specified price list or the possibly existing separate agreement. If the customer requests a special shipping method, he will bear the additional costs that may arise.

Payment

(1) When ordering online, the customer decides which way of the given options he wants to pay. If payment by invoice is offered, this option is limited to EUR 50.
If payment is offered by direct debit and QQQ GmbH incurs costs from return debits (e.g. incorrect bank details or lack of funds), the company is entitled to have these costs reclaimed by the customer. If payment by PayPal or credit card is offered, the regulations of the respective payment processing provider apply. QQQ GmbH is entitled to request payment in advance.

Offsetting and right of retention

(1) A customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.br /> (2) The customer is only entitled to set-off rights if his counterclaims are a) uncontested, b) legally established or C) recognized by us.

Delivery terms

(1) QQQ GmbH is entitled to make partial deliveries if the customer obviously does not incur any additional costs. If the customer requests a partial delivery, he also bears the resulting additional costs.
(2) If the customer is in arrears with a liability, the obligation to deliver is suspended until the customer has cleared his account.
(3) The information on a delivery period is non-binding. In particular, they are subject to the availability of our specialist laboratory.

Withdrawal

(1) Within 14 days after receipt of the goods, the customer has the right to cancel the purchase contract or to return the goods.
Exceptions to this rule are:
a) Goods that were made according to customer specifications (e.g. all photo orders such as photo gifts, ordered prints and all repeat orders)
b) unsealed data carriers (CDs, DVDs with image data)
c) Goods that were grossly negligent damaged by the customer.
The value of the goods and possibly also the shipping or postage costs will then be transferred to the customer's bank account specified in the order or compensated by sending a crossed check.
(2) From a value of goods of EUR 40.00 and in the event of justified complaints, QQQ GmbH reimburses the customer for the shipping or postage costs of a return. In this case, the shipping or postage costs incurred by the customer will be reimbursed to the customer.
(3) All returns must be accompanied by a copy of the invoice. Sufficiently franked returns will only be accepted.

Data backup

QQQ GmbH guarantees a high data security standard, which is always up to date with the latest technology. However, the customer is responsible for backing up the data and information stored by the customer. QQQ GmbH does not save this data and QQQ GmbH cannot request a backup of this data.

Warranty for defects, liability

(1) Obvious shortcomingsbr /> Justified notices of defects for obvious defects can only be taken into account if they have been registered with QQQ GmbH within 14 days of receipt of the goods with the delivery note / invoice. Only justified technical shortcomings that would have been avoidable according to the current state of the art count as justified defects.
(2) Taste aspects expressly do not constitute a defect.
(3) Non-obvious defects
(3a) If the customer is an entrepreneur: In the event of defects that are not obvious, we have a period of 12 months to report since delivery.
(3b) If the customer is a consumer: In the event of defects that are not obvious, we have a period of 24 months to report since delivery.br /> (4) In the event of justified complaints, there is a right to rework or subsequent delivery in the amount of the value of the goods when the first order is placed.
The customer reserves the right to claim compensation for the failure of the replacement delivery or the rectification of the choice, reduction of the remuneration, cancellation of the contract or within 12 months after delivery of the customer.
(5) The provisions of the Product Liability Act are not affected by this.
(6) The warranty period is:
(6a) If the customer is an entrepreneur: 12 months, calculated from delivery.
(6b) If the customer is a consumer: 24 months, calculated from delivery.
(7) The warranty period remains unaffected even if the warranty period of the manufacturer or QQQ GmbH differs.
(8) Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained therein are only approximate. Insofar as the delivered item does not have the quality agreed between the purchaser and us, or if it is not suitable for the purposes stipulated in our contract or for general use, or if it does not have the properties that the purchaser could expect from our public statements, we are obligated to subsequent performance. this does not apply if we are entitled to refuse supplementary performance due to the legal regulations.
(9) The customer initially has the choice of whether the supplementary performance should take the form of rectification or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded.
With the unsuccessful second attempt, rectification is deemed to have failed, unless the nature of the thing or the defect or the other circumstances in particular do not indicate otherwise. If the supplementary performance has failed or if we have refused the supplementary performance as a whole, the purchaser can choose to reduce the purchase price (reduction) or to withdraw from the contract. In the case of a defective item, the buyer can choose to either rectify the defect or to deliver a defect-free item. Only if the supplementary performance is unsuccessful, impossible or unreasonable can the buyer - secondly - assert warranty rights: withdrawal or reduction. Restrictions on supplementary performance alone are ineffective if the other party to the contract is revoked if the supplementary performance fails.

Retention of title

(1) All goods remain the property of QQQ GmbH until all payments resulting from the delivery contract have been received. If the customer is in arrears with the payment, QQQ GmbH is entitled to withdraw from the contract.

Copyright for images

(1) The copyright of the pictures lies with QQQ GmbH or with the photographer, who QQQ GmbH has commissioned to create the pictures. In the latter cases, the author of the image (the photographer) has transferred the rights of use to QQQ GmbH for the purpose of creating ordered copies.
(2) In this context, the customer releases QQQ GmbH from third party claims.

Data processing and data protection

(1) About the customer, QQQ GmbH saves personal data with automatic data processing on its customer server in Munich, Germany, provided that this data is necessary for the fulfillment of the contract. (2) QQQ GmbH will only save and process the customer's data due to the orders and only in connection with the processing of the order or use it in any other way. Under no circumstances will QQQ GmbH pass this data on to third parties who are not involved in the processing of the order.
(3) The data will not be passed on to third parties for advertising purposes.
(4) Within the 14-day complaint period, the digital data of the customers' orders will be saved by QQQ GmbH for the purpose of complaint processing. Then the digital image files are deleted. This complaint period for obvious defects begins on the day the goods are delivered.

Other terms

(1) German law applies. UN sales law is expressly excluded.
(2) The place of performance for all deliveries and for the customer's liabilities is the headquarters of QQQ GmbH.
The place of jurisdiction is the seat of QQQ GmbH, provided that the customer is a registered trader or fulfills the other requirements of § 38 ZPO. QQQ GmbH expressly remains free to sue at other jurisdictions. (3) If one of these provisions is wholly or partially ineffective, this does not affect the effectiveness of the other conditions or the effectiveness of the remaining part of the condition.
In this case, the two partners undertake, instead of the ineffective provision, to agree on an effective provision which - as far as it is legally possible - comes as close as possible to the economic purpose pursued by the ineffective regulation. The interest taking into account the interests of the partners expressed in the contract. The same applies if the contract shows a gap not foreseen by the partners.

Contract languages are German and English.

version: 01.06.2008, Ergänzung (deliverycost & PayPal/Creditcard) am 22.07.2011