§ 1 Scope of application
This section establishes the scope and applicability of the terms and conditions for the business relationship between Pixum and the customer. It specifies that these terms and conditions exclusively apply and are binding for both parties. The terms and conditions are those in the version available on the Internet at the time of the order. They can be saved and printed by the customer for the purpose of online ordering. It also states that the online shop is provided in the English language, and the contractual language is English.
§ 2 Contractual partner
The supplier and contractual partner of the customer is Diginet GmbH & Co. KG (hereinafter referred to as Diginet), Industriestraße 161, 50999 Cologne, Germany.
§ 3 Conclusion of contract
The customer places an order with Diginet for the production of individualised photo products and printed products ("goods") by sending digital templates in file form ("image files"). By clicking on the order button "Buy now" or "Order subject to payment", the customer submits a binding offer of contract. Before sending the order, the customer can change and view the data at any time, recognise any input errors and correct them if necessary before the binding final submission of his order. Diginet will immediately confirm receipt of the order to the customer by e-mail. Confirmation of receipt of the order does not constitute acceptance. The declaration of acceptance by Diginet is made by delivery of the goods or by express confirmation of acceptance.
§ 4 Prices
The delivery of the goods shall be made at the prices in British pounds valid on the day the order is placed, as stated on the website of Diginet, www.pixum.de. The price shall be calculated on the basis of the order value, shipping costs and other price components. The price is made up of the order value, shipping costs and other price components and includes the applicable statutory value added tax. Additional customs duties may be incurred for shipments to countries outside the European Union. These are not included in the price and must be paid by the customer.
§ 5 Delivery, Shipping
The delivery or collection of the Goods is carried out according to the provisions specified in the ordering software, Pixum app, or Pixum website, unless otherwise agreed between the customer and Diginet. The estimated delivery time is indicated by Diginet during the ordering process.
§ 6 Payment
The customer indicates, upon placing an order, whether they wish to pay either by invoice or online payment methods. For online payment methods, the customer authorizes the payment by entering bank, credit card information, or access data of a payment service provider. For mobile payment methods, the customer also uses the app of the payment service provider to authenticate the payment. Diginet reserves the right to maintain the payment authorization/reservation until the completion of the product, up to a maximum of 28 days. In accordance with applicable legal regulations for strong customer authentication (PSD II), Diginet is obliged to transmit certain legally prescribed personal data to the respective payment service provider for online payments. Further information on this can be found here.
For payment by invoice, the invoiced amount must be paid by the customer within 7 days from the delivery of the Goods. In the case of online payment, the customer expressly authorizes the contracting partner to collect the due amount within the scope of the order. If the payment collection fails due to reasons attributable to the customer, the customer shall reimburse the chargeback costs and any applicable bank processing fees.
In the case of direct debit as the payment method, the customer expressly agrees to the SEPA basic direct debit scheme and grants Diginet or its authorized representative a SEPA direct debit mandate (§127 BGB). The issued mandate is valid for the specific order (one-time mandate). With the shipping confirmation, the customer will receive a pre-notification containing information on the creditor identification number, mandate reference, amount, and timing of the upcoming SEPA direct debit collection. The presentation period corresponds to the applicable standard requirements in payment transactions. The invoiced amount will be debited from the customer's account by Diginet or its authorized representative, indicating the bank details and mandate reference. The SEPA direct debit collection can be revoked within 8 weeks after the debit date. This does not affect the underlying claim. For logistical reasons, Diginet reserves the right to send the invoice electronically. In this case, the invoice will be sent via email free of charge.
DBy selecting an electronic payment method (such as PayPal, credit card), the customer agrees to the transmission of order information (such as billing address, delivery address, or customer number) to banks and credit card providers for the purpose of strong customer authentication in accordance with Directive EU 2015/2366 (PSD2).
§ 7 Retention of Title
Until the complete payment of all Goods from the same order, the Goods remain the property of Diginet.
The right of withdrawal for distance contracts according to § 312g para. 1 BGB is excluded according to § 312g para. 2 no. 1 BGB, as the Goods are customized based on the specifications of the customer and tailored to their personal needs. This also applies to add-on components of the order.
§ 9 Complaints / Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR). This platform allows consumers to resolve disputes related to their online orders without initiating legal proceedings. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. Nevertheless, we are committed to finding an amicable solution in case of any disagreements with our customers. The competent consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de. However, we do not declare ourselves willing or obliged to participate in dispute resolution proceedings. If you are not satisfied with any of our offers, please feel free to contact us at email@example.com.
§ 9 Complaints / Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR). This platform allows consumers to resolve disputes related to their online orders without initiating legal proceedings. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. Nevertheless, we are committed to finding an amicable solution in case of any disagreements with our customers. The competent consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de. However, we do not declare ourselves willing or obliged to participate in dispute resolution proceedings. If you are not satisfied with any of our offers, please feel free to contact us at firstname.lastname@example.org.
§ 10 Warranty Claims
The customer is entitled to statutory warranty rights for any defects, unless otherwise specified in these General Terms and Conditions. These warranty rights are not limited by these General Terms and Conditions for consumers.
§ 11 Liability
Diginet shall be liable for damages caused by intentional or grossly negligent conduct of Diginet, its representatives, or agents in accordance with the statutory provisions. In all other cases, Diginet shall be liable to the customer only under the Product Liability Act, due to assumed guarantees, based on data protection law, or for the violation of life, body, or health, as well as for the culpable breach of material contractual obligations (essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on the observance of which the contractual partner regularly relies). In the event of a breach of material contractual obligations, the customer's claim for damages shall be limited to the typical, foreseeable damage, unless another exception as mentioned in sentences 1 and 2 of this paragraph applies simultaneously.
§ 12 Data Protection, Data Backup
§ 13 Copyrights, Criminal Law
Diginet does not acquire any rights to the images from the customer at any time. Therefore, the images are not used by Diginet or its employees outside the creation of the ordered product. Furthermore, disclosure to third parties is excluded. The customer is solely responsible for the content of the transferred image files. They must ensure that they possess the necessary copyrights, trademarks, or other rights for all image files transferred to Diginet and for the commissioned use. The customer bears all consequences arising from any violation of these rights. They are obliged to indemnify Diginet against any legitimate claims made by third parties due to the infringement of their rights arising from the processing, reproduction, and use of the transferred image files corresponding to the commissioned order.
The customer confirms that the contents of the transferred image files do not violate applicable prohibitions, particularly the provisions regarding the dissemination of child pornography (§§ 184 ff. German Criminal Code, StGB). If Diginet becomes aware of any violations of this assurance, Diginet will immediately notify the competent law enforcement authorities.
§ 14 Registration & Album Service
A. Diginet enables the customer to upload image files with a predetermined file format, store and edit them in so-called albums, using the websites operated by Diginet as part of its Album Service. The storage space used by customers at Diginet should not exceed the capacity specified on the website (currently 1 gigabyte). Diginet reserves the right to delete image data from its servers, in whole or in part, without prior notice.
B. Despite careful maintenance and care of the system, Diginet cannot guarantee the availability of the service at all times. There is no entitlement to use the service.
C. The use of the Album Service and other services provided by Diginet requires registration of the customer's data, such as their name and a valid and current email address. The customer's information regarding these data must be complete and truthful. Only one customer can be registered as a user for each email address. Diginet reserves the right to modify this registration process. During registration, the customer must enter their personal password. Access to all data stored by Diginet can only be obtained with this password. To prevent misuse, it is essential to keep the password confidential. Sharing the password with third parties is prohibited. If a password is nevertheless shared, Diginet will not be liable for any damages or other impairments incurred by the customer as a result of data misuse. There is no entitlement to registration with Diginet. Diginet may reject the registration request at any time without stating reasons. In such cases, Diginet will delete all information and data provided by the user.
D. The registration of the customer as a user of the Album Service and the use of these services are free of charge.
§ 15 Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has their habitual residence remain unaffected. If the customer does not have a general place of jurisdiction within Germany or if, after conclusion of the contract, they move their domicile abroad or if, at the time of filing a lawsuit, their domicile is not known or if the customer is a merchant acting in their commercial capacity, the place of jurisdiction for all disputes shall be the registered office of Diginet GmbH & Co. KG.
If individual provisions of this contract with the customer, including these General Terms and Conditions, are or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. However, if this would constitute an unreasonable hardship for one contracting party, the entire contract shall be void.
Version: August 2023