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GTC - General terms and conditions

  1. 1. Contract partner, Area of application
  2. 2. Contract conclusion
  3. 3. Prices
  4. 4. Terms of payment
  5. 5. Refund policy - Revocation for digital content
  6. 6. Retention of proprietary rights
  7. 7. Contractual exclusion of offsetting, rights of retention
  8. 8. Copyright
  9. 9. Admission of licence
  10. 10. Criminal responsibility, service denial right
  11. 11. Ineffective clauses, Place of jurisdiction
  12. 12. Applicable law
  1. 1. Contract partner, Area of application
    1. Contract partners in the framework of the following General Terms and Conditions are XXLPIX GmbH (hereafter called “XXLPIX”) and the customer.
    2. 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.
    3. Deviating regulations are excluded. Regulations other than those contained herein only become valid with explicit written agreement between XXLPIX and the customer.
    4. 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.
  2. 2. Contract conclusion
    1. The offers of XXLPIX on their web pages are an unbinding offer to the customer to order digital goods from XXLPIX.
    2. 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.
    3. The offer is accepted by XXLPIX by sending an order confirmation or sending the ordered goods via mail. The order confirmation shall take place within 48 hours via email. After effectless expiration of this term, the offer is deemed as rejected.
  3. 3. Prices
    1. All prices are stated including the prevailing value added tax.
    2. All stated prices 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.
  4. 4. Terms of payment
    1. The customer can choose the type of payment upon order.
    2. Payments are regarded as paid on the day on which XXLPIX can dispose of the amount.
    3. 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.
    4. Charges for the payment, especially for transfers from foreign countries are to be borne by the customer.
  5. 5. Refund policy - Revocation for digital content

    1. 5.1 Refund policy - Revocation for digital content
      Instruction on the right of withdrawal for consumers regarding the delivery of digital content that is not delivered on a physical data carrier (e.g. e-book, software download).

      5.2 Withdrawal instruction
      Consumer means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

      5.3 Right of withdrawal
      You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (collage-maker.com; XXLPIX GmbH; Kienberger Allee 4; 12529 Schönefeld; Germany; e-mail service@collage-maker.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

      5.4 Repercussions of revocation
      If you revoke this contract, we shall reimburse to you all payments which we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we received the notice of revocation of this contract from you. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

      5.5 Exclusion or premature termination of the right of withdrawal
      The right of withdrawal does not apply to contracts for the supply of digital content that is not supplied on a tangible medium and where the production of the content has been made according to the consumer's individual specifications or is clearly personalized for the consumer's needs. The right of withdrawal will expire prematurely if we have started to perform the contract with your express consent and acknowledgment that you will lose your right of withdrawal upon the beginning of our performance. Please note that we may make the conclusion of the contract dependent on the aforementioned consent and acknowledgment.

  6. 6. Retention of proprietary rights
    1. 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.
    2. 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.

  7. 7. Contractual exclusion of offsetting, rights of retention
    1. The customer is not entitled to set off his own claims against payment claims of XXLPIX, unless the claims of the customer are undisputed or legally binding.
      2. .
    2. The customer is not entitled to counter payment claims of XXLPIX with rights of retention - also from notices of defects - unless they result from the same contractual relationship.

  8. 8. Copyright
    1. 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.
    2. 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.)

  9. 9. Admission of licence
    1. The customer keeps all rights to the documents that are transferred to XXLPIX by the customer or by persons authorized by the customer.
    2. 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.

  10. 10. Criminal responsibility, service denial right
    1. 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.
    2. 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.
    3. 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.

  11. 11. Ineffective clauses, Place of jurisdiction
    1. 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.
    2. 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.

  12. 12. Applicable law
    1. German law is applicable for the conclusion and handling of all contracts.
    2. The application of the UN Convention on Contracts for the International Sale of Goods is exempt.