The website is operated by www.photobooksfinest.com PHOTOBOOK`S FINEST by Noëlle Schönenberger. The Agency PHOTOBOOK`S FINEST by Noëlle Schönenberger has created legally unambiguous terms. Please take the time to read the following terms and conditions in the rest.
§ 1 Scope
The following terms and conditions form part of any contract between the agency PHOTOBOOK`S FINEST by Noëlle Schönenberger, Rossittener Straße 11, 60487 Frankfurt (hereinafter: provider) and the user (hereinafter the user) as well as their legal successors.
§ 2 Conclusion
(1) The presentation of its services, in particular in brochures, advertisements and on the Internet, still does not constitute a binding offer of the provider.
(2) A contract is only concluded with written order confirmation or at the initiation of the contract executed by the provider.
§ 3 Contractual services
With the conclusion of the contract, the user instructs the provider with the design and manufacture of a print product or more print products.
§ 4 Obligations of the user
(1) The user confirms by uploading files that he has the right to spread and reproduce the content and materials on this file.
(2) The user guarantees that the content and materials of a sent file do not infringe applicable law. The User guarantees in particular, a) that no illegal documents, materials or content or instructions be sent to offenses to the seller; b) that there are no laws to protect young people or criminal laws are violated; c) That the patterns (particularly image and text files), contents and materials, which will be forwarded to the supplier, no copyright, trademark or other rights of third parties that violate the personal rights or other rights of third parties.
(3) The user acknowledges the providers for the manufacturing of print products, a simple right to use the delivered data and image products.
(4) The user guarantees to the send the file whose flawlessness. For any mistakes in printing by damaged or faulty files, the provider assumes no liability.
§ 5 Examination, blocking and deletion of content
The provider is entitled to review the set of the User Content on its lawfulness. Should the contents of the provider’s opinion violate the law, the seller is entitled to delete the user’s content without prior notice or to terminate. In criminal content the seller remains a denunciation to the competent law enforcement authorities reserved.
§ 6 Payment and Delivery
(1) Our invoices are based on the valid list prices. Our invoices are due and payable within 10 days after the invoice date without any deduction. In case of default we shall charge interest at the statutory rate, but at least the respective base interest rate plus 5%. In case of default of individual sub-claims we are entitled to stop further shipments immediately. We reserve the right to make deliveries only against payment or COD. Incoming payments or cash on delivery we charge absence of express provisions of the client to the oldest receivables from the business relationship.
(2) In an order volume from 500 euros a prepayment of the total amount when placing the order or -Confirmation will be charged.
(3) Our prices do not include shipping and handling charges. For a delivery within Germany delivery costs are 8-15 euros for packaging and shipping. For deliveries abroad please ask at the respective Delivery costs offered.
§ 7 Retention of title
Until all claims including Saldo- and ancillary claims which the seller on any legal grounds against the user now or in future, the seller retains title to the goods delivered.
§ 8 Caveat Emptor
A warranty for the fading or the water resistance of the printed products is in principle not, unless the provider is the extent expressly a written guarantee from (eg. UV coated printing process or lamination).
§ 9 Limitation / inspection and complaint
(1) The limitation period for claims arising from liability for defects is 24 months and begins with the delivery of the purchased goods. If the user is an entrepreneur (§ 14 BGB), the period is 12 months from delivery of the thing.
(2) Paragraph 1 shall not apply to liability for damages resulting from injury to body or health that are based on an intentional or negligent breach of duty of the provider or an intentional or negligent breach of duty by a legal representative or vicarious agents of the provider.
(3) Paragraph 1 shall not apply to liability for other damages based on an intentional or grossly negligent breach of duty of the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agents of the provider.
(4) For merchants subject to the legislation, examine and notify defects according to the German Commercial Code.
§ 10 Limitation of Liability / Indemnification
(1) produced for other than by injury of life, body and health damage is liable the provider only if these are based on intent or gross negligence or culpable violation of an essential contractual obligation by the provider, his staff or his agents. This also applies to damages arising from breach of duties during contract negotiations as well as from the event of impermissible actions. Any further liability for damages is excluded.
(2) The liability except for willful misconduct or gross negligence, breach of a cardinal obligation or injury to life, limb or health of the provider, his staff or his agents on when the contract typically foreseeable damage and moreover, the amount of the contract-typical average damage limited. This also applies to indirect damages, especially loss of profit.
(3) § 9 of these Terms and Conditions shall not be affected as well as the provisions of the Product Liability Act.
§ 11 Data Backup; access control
(1) The supplier guarantees according to the prior art, a high data security standard. We treat your data as trusting as our own! Data protection is increasingly important in today’s world. For this reason, we always attach great importance to the protection of your data. You surf on our homepage completely anonymous. Your order with us is secure at the highest level. In addition to encryption, each order file, the transmission paths are explicitly protected. For a backup of the data stored by the user data and information but this is solely responsible; a backup (Backup) by the seller does not take place.
(2) The information provided by the user to the advertiser Pictures will be made available exclusively by the user authorized persons or groups of persons.
§ 12 Destruction of the sent material
All templates and documents, in particular all digital storage media that the user has sent the seller to fulfill the contract shall not be returned by the seller, but destroyed after fulfillment of the contract. At the express request of the user, the provider ends naturally back the submitted documents to the user. The costs incurred for the shipment shall be borne by users.
§ 13 Customer information
a. Information for suppliers
Agency photo book design
By Noëlle Schönenberger
Rossittener Straße 11
Tel: +49 69 2001 29 89
Sales tax identification number: DE 01386736669
b. Information right of withdrawal and instruction
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail.) Or – if the goods before the deadline – by returning the goods. The period begins upon receipt of this notification in writing, but not before conclusion of the contract and not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under § 312g. 1 S.1 BGB in conjunction with Art. 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
by Noëlle Schönenberger
Rossittener Straße 11
This right does not apply to contracts for delivery of goods that we have made to your specifications or which were obviously customized to your personal needs or which are not suitable due to their condition for a return.
Consequences of Withdrawal
In the case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg. As interest) surrendered. Can you give us the performance received whole or in part, or return them only in deteriorated condition, you must pay us compensation for the value. This may cause you to withdrawal must fulfill the contractual payment obligations for the period however. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By “testing the properties and functioning” means the testing and trying out the goods as is possible and customary in a shop.
Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered and corresponds to the price of the products does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise, the return is free for you. Not parcel things are picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with sending your cancellation explanation or the thing, for us with their receipt.
Your right expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of withdrawal.
c. For warranty information and guarantees
Apart from the statutory warranty provisions, no warranties for the delivered goods or services are transferred, unless a guarantee is expressly acknowledged in writing. Further details of the warranty can be found in § 8 and 9. FIG.
§ 14 Discounts
The we offer various discount options can not be combined. This also applies to already discounted Prices.
§ 15 Applicable Law / Final Provisions
(1) The law of the Federal Republic of Germany, excluding the CISG. Does not affect mandatory provisions of the country in which the user has his habitual residence.
(2) If the user is a merchant, a legal entity under public law or public special fund, or has no general jurisdiction in Germany or has his normal residence after contract conclusion abroad or his residence at the time the action is not known, the place of performance and the jurisdiction for disputes arising from this agreement the seat of the provider.