United Arts GmbH Am Gleisdreieck 5 50823 Cologne Germany (hereinafter referred to as "my-picture.co.uk") and the Purchaser are the contractors under the following terms and conditions.
For the business connection between "my-picture.co.uk" and the buyer, the subsequent terms and conditions are valid in their composure from the moment of the order. My-picture.co.uk doesn´t accept deviant conditions of the buyer, unless my-picture.co.uk has accepted an assertive written application earlier.
All listed prices are retail prices inclusive of the legal value added tax, which is valid in each case (nowadays 20 percent) without costs of packaging and dispatch. All offered promotions and special offer prices only apply to retail customers. Commercial customers are excluded from these actions. Costs for packaging and dispatch (forwarding expenses) are charged according to our installation separately. All listed prices, also for packaging and dispatch, count only at the time of the order. With updates on the Internet pages of my-picture.co.uk all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.
The customer can choose (Credit card payment or Paypal ) at the time of order. Costs that are incurred due to insufficient funds or faulty provided bank data, especially the costs of back charge and other miscellaneous are to be reimbursed by the customer. If the purchaser in arrears, the my-picture.co.uk has the right to demand arrears charges of 5% above the announced base interest rate per year by the European Central Bank and miscellaneous bank processing fees. In the event my-picture.co.uk a proven higher arrear damage caused by delay has occurred, my-picture.co.uk has the right, to assert claim to said damage. The customer bears the costs of payment, particularly transferred from abroad.
Customers do not have the right to cancel orders of products customized to the customer's specifications or tailored specifically to the personal needs of the customer. For this reason, your screen print order of a customized print cannot be canceled, as expressly stated here. In the case of prepayment, if payment has not appeared in the account listed in the order confirmation within seven days, then my-picture.co.uk has the right to cancel the order and to withdraw from the contract.
The delivery is done by sending the purchased items to the customer to the address provided. After receipt of payment your order will be prepared for shipment within 24 hours. Delivery time will be 2 - 4 working days. Each delivery is subject to the proviso that my-picture.co.uk timely and properly supplied. If a product ordered by the customer is found to be unavailable, an equivalent of the price of the ordered items will be provided. My-picture.co.uk will notify the customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. My-picture.co.uk is entitled to make partial deliveries. Delayed deliveries of my-picture.co.uk do not entitle the buyer to compensation claims, unless my-picture.co.uk is of negligence or intent to load. Further claims remain reserved for the customer. Delays in delivery based on the grounds that my-picture.co.uk is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the customer shall be informed immediately. If prolonged, the causes of delays longer than four weeks after the conclusion of the contract that each party is entitled to withdraw from the contract. If the customer is not encountered at home upon the delivery of the package, and the packet is not picked up from the post office within 7 days by the customer or the customer refuses the acceptance of the package, my-picture.co.uk has the right to cancel the order and cancel the contract. Forwarding charges include packing and shipping for each picture.
The defect liability terms in accordance with the law apply. The customer is not entitled to transfer a claim. If there are no other results, further titles of the customer - for whatever reasons - are excluded. My-picture.co.uk holds no responsibility for faults that arise on items to be delivered; especially my-picture.co.uk takes no responsibility for lost profit or other financial loss of the purchaser. As far as the contractual liability of my-picture.co.uk is excluded or restricted, this applies to personal liability of jobholders, substitutes and auxiliary personnel. Apparent faults have to be reported in written immediately. However this should be implemented within two weeks from the delivery. The reports that are implemented after the fortnight period will be discarded. Inadequacy of quality will not be an issue as long as the delivered quality is corresponding to technical standards of digital Photo development and editing. Since the technical variations in colors of image and original can't be avoided, it will not be considered a fault related to the quality. Loss of quality: it wont be a fault with quality had the original itself is of less quality. (e.g. resolution of original image). A specific characteristic of deliverables is not agreed. Limitation of liability will not be valid if it has been an intentional effort, caused by careless treatment . Warranty does not apply if the purchaser is found to be with fallacies and claims regulated by law. Typically, if my-picture.co.uk violates an essential contractual obligation, liability to pay damages is restricted to the incidental damage. If the supplementary performance has been carried by means of additional supply, the purchaser is obliged to return the original items within 30 days on account of my-picture.co.uk. Return consignment of faulty goods has to be fulfilled according to statutory provisions. My-picture.co.uk reserves the right for claiming compensation according to legal matters. Limitation period is 24 months per delivery.
The products ordered remain the property of my-picture.co.uk until payment is completed. No resale, leasing, pledging, transfer of title for security purposes, conversion, other disposition or transformation is permissible before conveyance of title without the explicit consent of my-picture.co.uk.
The customer is not entitled to offset claims of my-picture.co.uk for payment with his own claims, unless the claims of the customer are established beyond dispute or are of legal force. The customer is not entitled to oppose claims of my-picture.co.uk for payment with rights to withhold – even for notification of deficiencies – unless they result from the same contractual relationship.
The client is solely responsible for the contents of transferred image data. We assume that the client possesses the necessary copyrights, trademark rights or other rights for all works, files and images that are transferred. In case of infringement of those rights, the client is obligated to indemnify my-picture.co.uk from any claims that might be issued by third parties. This is strictly ensured by liability assumption versus the claimant. If the claimant does not approve the liability assumption the client will indemnify my-picture.co.uk from all claims. In this case the client will support my-picture.co.uk in the defense of such claims. The client bears all incidental expenses (e.g. court and lawyer costs, fines, etc.).
The customer retains all rights to all documents to be transferred to my-picture.co.uk by the customer or by the persons authorized by the customer. For the execution of the contract the customer grants my-picture.co.uk the unrestricted right in time and space to use the available image data to provide the service in the context of the contract management. This contains also the storage, reproduction and processing of image data. This includes the right to make available some pictures for correction and improvement to third parties.
The customer is liable for the lawfulness of the content. He assures that the contents of the transferred image files don't offend the penal law, with the placement of his order. Especially there should not be a violation of the regulations of the §§86 et seq, 184 et seq. of the German StGB (Penal code law). Furthermore my-picture.co.uk has no obligation to deliver services which have the consequence of statutory violations. my-picture.co.uk will report an offence to the police if contents of files sent by the customer violate the penal law. Simultaneously my-picture.co.uk has the right to deny any service and to withdraw from the contract. my-picture.co.uk is allowed but not obliged to examine the contents that are uploaded to the Web album as far as their rightfulness is concerned. As long as contents violate applicable laws, my-picture.co.uk has the right to delete contents without prior notice. In case of complaints or objections of third parties against the information of the customer – regardless of the legal ground – my-picture.co.uk will immediately delete the contents. A claim against my-picture.co.uk due to the blocking of contents after a complaint or objection by a third party is excluded, if my-picture.co.uk is said to have made an unjustified deletion deliberately without inspection.
Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission. Customer hereby agrees that Cologne is to be determined as the exclusive forum for all legal and contractual disputes resulting directly or indirectly from the contractual relationship if the purchaser is a legal entity formed under German law as tradesman, German Commercial Code. Cologne is also the exclusive forum for any disputes resulting directly or indirectly from the contractual relationship if the customer is determined not to be subject to personal jurisdiction in Federal Republic of Germany. Furthermore, Cologne is determined to be the exclusive forum for any disputes if a customer moves his principal place of residence, outside of the Federal Republic of Germany or his principal place of residence is determined to be unknown at the point of commencing legal action.
In order to keep you up to date on our latest offers, we will send newsletter of United Arts GmbH and their affiliated companies to the provided email address. You may unsubscribe the newsletter at any time without having to pay additional costs except the regular transmitting costs at standard rates. It is sufficient to send a message (e.g. fax, letter) in text form to email@example.com or to the contact details provided in the imprint. Please note that, each newsletter contains a link to unsubscribe off future messages.
The closure and liquidation of all contracts shall be governed by German law. The application of the CISG is excluded.