Terms and Conditions
Bunsen & Maurer GbR Bindit, Dwengerkamp 3, 21035 Hamburg (hereafter referred to as ‘Bindit’) provides its customers with the opportunity to create photo albums from their own selection of photographs, images and texts (hereafter referred to as ‘User Content’). The selected contents can be uploaded online as PDFs over the upload platform Bindit.de and are then transmitted to Bindit for the purpose of creating the photo album ordered by the customer. In addition, Bindit also offers bookbinding manufacture of products that can be ordered in the online shop. For these offerings, the following Terms and Conditions are deemed applicable and any differing or ancillary agreements must be made in written form.
1. Ordering and Shipping
(1) Products are ordered over the online platform Bindit.de (for photo albums) and shop-bindit.de (for bookbinding products) and the information and User Content necessary to create and deliver these products, such as name, address, etc., are also provided on these online platforms. Orders will be confirmed by Bindit per email.
(2) The presentation of Bindit photo albums on the website does not imply a binding offer on the part of Bindit, but should rather be considered as a request to the customer to submit a binding offer by placing a purchasing order. Every purchasing order submitted by the customer represents a binding contract with Bindit to manufacture the ordered photo album. Only when clicking on the button “Buy now” does the customer make a legally binding offer to the seller for conclusion of such a purchase contract. Bindit will acknowledge the receipt of the customer’s purchasing order per email. However, such acknowledgement of order receipt does not lead to the consummation of the purchase contract. The contract is only deemed consummated if the seller carries out the order and dispatches the ordered goods. Bindit reserves the right to withdraw from or refuse the purchase contract.
(3) Shipment of the products will be made as soon as possible to the delivery address provided by the customer under due consideration for the careful manufacture of such products. Bindit asks you to bear in mind that at certain times of the year such as Christmas, a short delivery time cannot always be guaranteed under these circumstances. The customer will be notified by email when the product has been shipped.
(4) Bindit would like to draw your attention here to the fact that for this part of the contract, a right of revocation under § 312 d par. 4 Nr. 1 BGB (right of revocation and return in distance contracts) (German Civil Code) is excluded, as the works are produced in accordance to your own individual specifications and are clearly personalized (§312d(4)(1) BGB).
2. Prices and Payment
(1) The current price list shall be valid for all products. All prices include the statutory value added tax.
(2) The customer will be notified per email of the amount of delivery charges upon conclusion of placing an order on the website.
3) Payment may be made by direct debit or through Paypal. Business customers also have the possibility of payment through invoice.
(4) Your account will be debited one day after placing your order.
(5) The prices stated on the product pages include the statutory value-added tax as well as other price components. Delivery costs are calculated in addition to the given prices and we charge €6.99 for all formats for delivery within Germany. For delivery within the EU, delivery costs are €16.99. Delivery costs are clearly stated on the product pages and in the purchase order. Delivery to non-EU countries will also incur additional duty charges, taxes and fees. Delivery to countries outside of the European Union is made only by special request. More information about duty charges can be found for example at: http://ec.europa.eu/taxation_customs/index_de.htm and information about import sales tax can be found under: http://auskunft.ezt-online.de/ezto/Welcome.do
Charges especially applicable for Switzerland can be found at: http://xtares.admin.ch/tares/login/loginFormFiller.do
3. User Content rights (for photo albums)
(1) By uploading content on the Bindit site, the customer transfers to Bindit all rights of content use necessary to produce the photo album.
(2) In particular, Bindit is authorized to access User Content and to partially or fully reproduce said content, to store User Content in digital data banks, and to transfer in part or in full, Rights of Use to third parties or give permission to third parties to use User Content in as far as this is necessary to produce the photo album.
4. Liability for content (for photo albums)
(1) In cases where the Bindit customer is not the legal owner of the rights to content that has been submitted, the customer guarantees that he/she has effectively procured permission from the owner of the content in question (e.g. photograph, person in the photo) to allow Bindit to use the content in order to produce the photo album and agrees to the transfer of rights of use for this express purpose. Bindit does not review User Content for lawfulness.
(2) By agreeing to these Terms and Conditions, the customer declares that Bindit and its agents are released from all claims of third parties that assert against the User based on the culpable infringement of their rights on User Content that the customer has submitted to Bindit; unless, the asserted rights on content or infringement thereof are not verifiably proven. This release shall comprise in particular the costs incurred by appropriate legal proceedings and defense that may accrue to Bindit in connection.
5. Warranty rights
In case of defective goods or services, the customer has the right to recourse, in particular, the right to expect a subsequent delivery. For defects that are found in goods delivered to the customer, Bindit will only accept responsibility when the defect in the finished product can be attributed to Bindit; otherwise the warranty is excluded.
(1) Bindit is liable for itself and its agents only in the case of gross negligence or deliberate acts unless it is a matter of a breach of an essential contractual obligation (cardinal obligation), obligations whose fulfillment is a prerequisite for enabling the proper execution of the contract in the first place and upon which the customer particularly relies. Bindit shall be liable for such typical damages which are caused by the slightly negligent violation of a cardinal obligation that were unforeseeable at the time of the conclusion of the contract.
(2) The limitations of liability as described above shall apply to both contractual and non-contractual claims.
7. Contract wording
The contract wording is stored on our internal systems. The general Terms and Conditions and your order data are sent to you by email. The text of our Terms and Conditions can be found at any time under: www.bindit.de or shop.bindit.de. After the order has been completed, your order data will no longer be available on the internet due to reasons of security.
8. Final provisions
(1) The contractual relationship between Bindit and its customers is solely subject to the laws of the Federal Republic of Germany.
(2) The sole place of jurisdiction for all disputes arising from the contractual relationship between Bindit and its customers is the company’s registered office.
(3) Should this contract or a part thereof become void or ineffective, the remaining validity of these conditions shall not be affected. In place of the invalid provision, the parties shall insert a valid provision, which from a factual, commercial and legal standpoint comes as closely as possible to the original.
9. Revocation policy
The right of revocation does not apply to distance contracts for the delivery of merchandise that is manufactured according to customer specifications or is clearly tailored to meet individual requirements (pursuant to 312 d subs. 1 BGB and according to § 312 d subs. 4 Nr. 1 BGB).