Terms of Service

§ 1 General
For the business relations between the web shop owner stated in the imprint and the customer, the following general terms and conditions apply exclusively in the version available on the website at the time of the order.

§ 2 Contract content
The customer places the order for the production of print and other media from digital photo source material, in particular photo prints, posters, etc. The rights to the original work and the digital photo data, however, remain entirely with the operator. The contract is concluded when the order placed by the customer is accepted by separate email or by sending the goods. The information on the website merely represents an invitation to the customer to submit an offer. The operator is entitled to correct any incorrectly stated prices on the website. If a correction leads to a price increase, the customer can withdraw from his submitted offer.

§ 3 Prices
The delivery of the goods takes place at the prices valid on the day the order is placed by the customer and stated on the website. All prices are in CHF and include the applicable statutory sales tax (VAT) and other price components. Should the purchase be VAT-exempt, this will be explicitly noted in the purchase process and on the invoice. Shipping costs are shown separately. Shipping to countries outside the European Union may incur additional custom charges. These are not included in the price and must be paid by the customer.

§ 4 Right of Withdrawal, Right of Return
(1) Right of Withdrawal
According to § 312 g paragraph 2 No. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies to all photo products manufactured after the conclusion of the purchase.
There is also no right of withdrawal for the purchase of downloads or image and/or video files, as the provision of the service of the service (sending the files) takes place before expiry of the withdrawal period at the latest after verification and receipt of payment.
If, by some exception, there is a right of withdrawal, the following applies to consumers within the regulations of § 13 BGB: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use (this) attached sample withdrawal form, but this is not mandatory.
(2) Consequences of withdrawal
In the event of withdrawal, we will refund all payments we have received from you, including delivery costs, immediately and at the latest within 14 days from the day on which we receive notification of your revocation of the contract.
For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

§ 5 Liability
Liability for damages shall be in accordance with the following provisions:
(1) Liability is assumed for damage caused intentionally or through gross negligence.
(2) The same applies to damages based on the absence of a guaranteed quality.
(3) In the event of a breach of essential contractual obligations (cardinal obligations), liability shall be limited to the amount of foreseeable damage typical for the contract, unless unlimited liability already exists in accordance with paragraphs 2 to 4. Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
(4) Any further liability is excluded, in particular liability regardless of fault.
(5) Liability under the Product Liability Act remains unaffected.

§ 6 Warranty for defects
The goods must be checked for completeness and defects immediately upon receipt. Later complaints due to incomplete or inadequate delivery or performance cannot be considered. If the goods are defective, the customer shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. The chosen supplementary performance may be refused if it can only be carried out at disproportionate cost and the other type of supplementary performance would not result in significant disadvantages for the customer. If the supplementary performance has failed, the customer may, at his discretion, declare his withdrawal from the contract or reduce the purchase price.
A special quality of the goods to be delivered is not agreed. The delivered goods are defective if they do not meet the technical standard of digital photo development and processing. Color deviations between the products and the image files displayed differently on different screens cannot be technically avoided and are therefore not defects. Similarly, there is no defect if, despite a warning, the customer orders a format or photo product for which the original image file does not have the optimum resolution and the image quality is impaired as a result (e.g. pixelation, blurring).
No quality or durability guarantees are given. In the case of orders placed by an entrepreneur who orders goods in the exercise of his commercial or independent professional activity, the following also applies: The customer undertakes to inspect the goods immediately upon receipt and to report any recognizable defects in writing within one week, stating the defect. If the customer fails to do so, the delivered goods shall be deemed to have been approved. The same shall apply to defects that occur later.

§ 7 Shipping
The customer shall be supplied in accordance with standard commercial terms.
The route and means of transportation shall be determined by the service provider, unless expressly agreed otherwise. There is the right to make partial deliveries.
For deliveries that are sent as bulky goods (for very large formats and/or quantities or goods weighing 30 kg or more), the delivery time may be extended. Unless otherwise agreed, delivery shall be "free curb", i.e. to the public curbside nearest to the delivery address.
The costs are calculated according to the prices stated on the store page.
Any delay in delivery shall not entitle the customer to claim damages, unless otherwise stipulated in § 5 of these Terms of Service. Delays in delivery do not entitle the customer to refuse acceptance. Deliveries that do not arrive must be reported within 14 working days of the order. If the customer fails to notify us, the goods shall be deemed to have been successfully delivered.

§ 8 Payment, offsetting, retention of title
Orders must be paid for by the customer using one of the available payment methods. The seller reserves the right to request a down payment for purchases on account. When paying by invoice, the invoice amount is due upon receipt of the goods at the customer and payable. It is agreed between the seller and the buyer that the invoice is due 10 days after receipt of the goods. Payments are deemed to have been made on the day they are received by the recipient. If the customer is in default of payment due to receipt of a reminder after the due date, default interest at the statutory interest rate may be charged. In case of default reminder fee is agreed:
For the first reminder 3 CHF will be due, a second reminder will be charged with 7,50 CHF. The possibility of assertion of the further damage caused by delay remains unaffected. In the event of non-payment of a direct debit, we are entitled to ask the bank of the buyer for the address of the account holder or purchaser.
Offsetting by the purchaser is only possible if his counterclaims have been legally established or are not disputed or acknowledged.
The delivered products remain the property of the seller until full payment has been made.

§ 9 Data Protection, Data Protection
For order processing personal data of the customer are collected In the collection, processing and use of his personal data, the purchaser has agreed separately prior to conclusion of the contract. The collection, processing and use of personal data takes place exclusively for the purposes specified in the data protection declaration. The collection, processing and use of personal data of the customer is done in compliance with the General Data Protection Regulation (DSGVO) and the Teleservices Data Protection Act (TDDSG). All data will be treated confidentially. In the event that the customer revokes consent for the future, there is an obligation to delete the personal data immediately, unless the order has not yet been fully processed.

§ 10 Jurisdiction, applicable law
In case of legal disputes in connection with this business relationship, German law applies exclusively, excluding the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected. If the purchaser has no domicile or habitual residence in Germany or if the purchaser is a merchant and trades in this capacity, Leipzig is agreed as the place of jurisdiction for all disputes arising from the business relationship.

§ 11 Severability clause
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected.

Only the German version of the terms is legally binding while the English translation is for convenience only.

Leipzig, January 01, 2025

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