Our terms and conditions

1. validity

Our offer is revocable up to its adoption. All orders are fulfilled to the following terms and conditions. Different terms that are not explicitly recognized in writing, are not binding on us, even if we do not explicitly contradict them. The invalidity of any provisions of the underlying contract, including the Terms and Conditions shall not affect the validity of the remaining provisions. Declarations of any kind regarding the contractual relationship between seller and buyer need - except as otherwise agreed in writing - to be in written form. The validity of oral agreements in each case requires an immediate written confirmation. Failing which the oral agreement is deemed not taken.

2. subject of agreement

The customer's specified formats are working formats and smaller by trimming. If the customer requires precise format, this must be expressly agreed in the order, otherwise, is not a complaint admissible. Samples are average samples. If the customer in reproduction, representation or reproduction of any concrete information about color, brightness or contrast, we determine these properties in its reasonable discretion. Production-related increase or decrease in amounts up to 10% are considered contractually agreed upon and can not be rejected.

3. implementation documents

Regarding the existence of copyright we rely on statements by the customer. Be due to failure to inform the performance of the contract rights, particularly copyrights of third parties, the customer shall be liable for its own; he must reimburse us from claims of third parties as well as in our accumulating the necessary legal fees and damages. Be supplied by the customer Originals, negatives, templates and other documents to be delivered to us carriage paid. The return is made by ordinary post and at the risk of the customer unless the customer specifically requests a different shipping method.

4. dates of delivery

The agreement of binding delivery must be in writing, if the order was issued by the client in writing. So-called planned dates are not binding delivery. Acts of God, strikes, lockouts and Excusable, in particular through no fault of machine downtime by electricity and water loss, the delivery time is extended by the duration of the disability, provided this does not exceed three weeks and the extension is reasonable for the customer. Unless there is a firm deal or it is unreasonable, the customer must give at the specified delivery period is exceeded a reasonable grace period that is at least 8 days. If it is not excluded from the nature of the contract or the customer is unreasonable, we are entitled to make partial deliveries.

5. prices and terms of payment

Are subject to our applicable on the date of order list price unless another price has been expressly agreed. The prices are per piece. Be calculated quantities delivered (possibly with variations in quantity to order up to 10%), including the samples prepared. Subsequent changes to the agreed service at the request of the customer, including any resulting machine downtime will be charged separately. All shipping costs including transport insurance shall be borne by the customer. Invoices are payable upon receipt. Discount will be granted only upon express written agreement. We are not obliged to accept bills of exchange or checks. Bills of exchange is only for processing. Discount and bill charges shall be borne by the customer and are due immediately. For timely presentation, protest, notification and return of a draft in case of dishonor, we assume no liability. When bills of exchange and checks the payment is deferred until their redemption. The customer can against our claims only legally established or recognized by us or not disputed counterclaims. Worsened the solvency of customers in the period between acceptance and delivery or subsequently becomes known to us that against the solvency of the customers are justified concerns, we are entitled to demand advance payments to withhold any outstanding deliveries or to withdraw from the contract if not contact us for a deadline provided security or train will be sold at train performance. If a service is calculated on the client request to a third address, this is only for processing.

6. shipping

Shipping is at the customer's expense. This applies even if the shipment within the same locality or by our own staff and vehicles carried. We are entitled but not obliged to insure deliveries in the name and for the account of the customer.

7. reclamation

If the customer is a merchant, he has to inspect the goods immediately upon delivery and notify us immediately in writing display. § 377 fully applies. The quality of the goods shall be deemed approved if a complaint is not after the goods is received within 10 days of destination with us. In case of complaints have us all, will be charged belonging to the order documents which are not in our possession available, otherwise there is no guarantee an immediate examination and handling of claims. A material defect is not present if the delivered quality meets the technical standard of digital photo development and processing. Variations in color between the images and the original image files can not technically be avoided and therefore do not constitute a defect. Also, a defect shall not apply where a loss of quality due to poor quality (eg. "resolution") of the original image file is created.

8. warranty

In case of justified complaints, we will make within a reasonable time subsequent performance. The remedy fails, the customer may cancel the agreement or reduction in payment.

9. liability

We shall be liable with respect to any contractual and statutory damages claims by the customer, incurred by the customer in particular by breach of our obligations in contract negotiations, contract violations, including contractual obligations and tort, unless we or our vicarious agents of deliberate intent or gross negligence. We are also liable in the event of non-compliance warranted characteristics and in the case of culpable violation of our significant contractual obligations (cardinal obligations) as it is a typical foreseeable damage.

10. reservation of proprietary rights

The delivered goods remain our property until full payment by the customer. The customer is revocable at any time be entitled to resell or re-using the delivered goods in the ordinary course of business. To dispose of the goods, the customer is not entitled. As far as the processing goes our property, but the value is our power of at least 50% of the costs incurred by the processing of new objects, the client transfers to us today, the ownership of the new goods resulting from the processing. The customer already now his claims from the resale and reuse in the amount of the contract price to us. We accept the assignment / transfer herewith. The customer is as long as the right and obligation to collect receivables assigned to us, as we do not expressly revoke this authorization.

11. right of rescission and sale or return

The seller provided exclusively for legal transactions concluded by a natural person for purposes which neither commercial nor independent professional activity can be attributed to the legal right of return two weeks without giving a reason. The period begins from the receipt of the delivery and is preserved by timely sending of the goods to the seller (location of the branch). The purchase agreement becomes effective only after the two-week period. In the event of a cancellation of the purchase / hire purchase agreement is void, as an insurance have ordered. It must be returned the mutually received benefits and any benefits (eg benefits) surrendered. Can you give us the goods received in whole or in part, or return them only in deteriorated condition, you will be obliged to pay compensation. This does not apply if the deterioration of the goods is exclusively due to their inspection, as would have been possible in a retail shop. You can avoid the obligation to pay compensation where you do not accept the goods as your property and avoid anything that could reduce its value. You have to bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price of the goods to be returned does not exceed an amount of EUR 40,00 or if, at a higher price of the goods at the time of the cancellation is not the consideration or have provided a contractually agreed partial payment. Otherwise, the return is free for you. Non-transportable goods will be picked up. Excluded from the right to return are goods which has been manufactured to customer specification, the seller, or which are clearly tailored to personal needs of the customer.

12. place of fulfilment and place of jurisdiction

In commercial law Transport of performance and jurisdiction is Berlin, contractor is the mediafisch agency, Holger Bartholz.