terms & conditions

TERMS AND CONDITIONS

1. Applicability

Contractual parties within the scope of these terms and condition are Picanova GmbH, Hohenzollernring 25, 50672 Cologne, Germany (hereinafter referred to as "Picanova") and the organization or person who buys products from Picanova (hereinafter referred to as the "Buyer”).

For the business relationship between Picanova and the Buyer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating terms and conditions of the Buyer do not apply and are not recognize by Picanova. Individual agreements between the parties have precedence.

2. Conclusion of Contracts

By clicking on the order button "Buy now", the Buyer submits a binding contract offer. The data can be changed and viewed at any time prior to submitting the order. Input errors can be corrected before submitting the binding order.

Picanova will immediately send the Buyer an acknowledgment of receipt and acceptance by email. By sending this email, the contract is considered accepted.

Depending on the selected payment method the binding conclusion of the contract may happen at an earlier time, such as:

  • For credit card payments, the contract is concluded at the time the credit card has been charged upon completion of the order.
  • When choosing the payment method PayPal, the contract is concluded at the time of confirmation of the Buyer’s payment order to the payment service provider.

3. Prices

The prices stated on the website of Picanova at the time of ordering apply. All prices quoted by Picanova within this Internet offer are net prices in Euro and do not include value added tax (VAT) and no shipping costs. The shipping costs are available here: https://b2b-shop-eu.picanova.com/en/shipping-information/. The applicable value added tax is calculated depending on the country of delivery. For deliveries to Germany the currently applicable VAT is 19%.

The prices are only addressed to entrepreneurs within the meaning of § 14 BGB (German civil code). According to § 14 BGB, an entrepreneur is a natural or legal person or a legal partnership which, when concluding a legal transaction, acts in the course of its commercial or independent professional activity. A legal partnership is a partnership that can acquire rights and liabilities.

Discount offers and coupons cannot be combined. Only one coupon code per order can be redeemed.

4. Terms of Payment

The customer can choose the payment method (credit card payment, PayPal) at the time of the order. Payments are deemed to have been made on the day on which Picanova can dispose of the amount. The Buyer bears the costs of payment, particularly transferred from abroad.

5. Right of revocation / Revocation Instructions

Exclusion of the right of revocation

According to § 312g (2)(1) BGB, the right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and whose manufacture is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer. There is no general right of revocation for contracts concluded with Picanova.

Revocation Instructions

If, in exceptional cases, there is a right of revocation, the following applies only to consumers within the meaning of § 13 BGB:

You have the right to withdraw from this contract within fourteen days without providing any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your revocation right you must inform us by means of a explicit statement (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period to the following address:

Picanova GmbH
Hohenzollernring 25
50672 Cologne

Consequences of Revocation

If you revoke this contract, we have to repay to you all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us). We must repay the respected amount immediately but no later than within fourteen days from the date on which the notification of your revocation of this contract has reached us.

We use the same means of payment for the repayment that you have use in the original transaction, unless otherwise agreed with you and authorized by the respected payment provider. In no case will you be charged for this repayment.

We have the right to refuse to repay you until we have the originally sold goods back or until you have provided proof that you have returned the goods, whichever comes first. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of the contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

6. Alternative Online Dispute Resolution according to Art. 14 Abs. 1 Resolution (EU) 524/2013

The European Commission is providing a dedicated platform for Online Disputes for consumer disputes (OD), which can be accessed via http://ec.europa.eu/consumers/odr/. Since we are not obligated to participate in such dispute procedure by law, we hereby inform that we do not attend to such a Dispute Resolution on either compulsory or voluntary basis.

7. Terms of Delivery

The delivery is done by sending the purchased items to the address provided by the customer. If a product ordered by the customer is found to be unavailable, Picanova will notify the customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. Picanova is entitled to make partial deliveries. Delayed deliveries by Picanova do not entitle the buyer to compensation claims, unless Picanova acts grossly negligent or intentional. In case of a delay, based on reasons Picanova is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the customer will be informed immediately. If the delivery of the product is prolonged for longer than four weeks after the conclusion of the contract, 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 package is not picked up from the post office within 7 days by the customer or the customer refuses the acceptance of the package, Picanova has the right to cancel the order and cancel the contract. Shipping charges can be found in the shipping pricelist, https://b2b-shop-eu.picanova.com/en/shipping-information/. Depending on the format and delivery country, shipping takes place via GLS, GEL, DHL, HERMES or UPS.

8. Warranty

Picanova is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. There is no material defect if the quality delivered complies with the technical standard of digital photo development and processing. Likewise, a defect is not present if quality loss is due to the quality (e.g. "resolution") of the original image files. If the subsequent performance has been carried out by means of a replacement, the customer is obliged to return the goods delivered first to Picanova within 30 days of the confirmation of subsequent performance at the expense of Picanova.

9. Liability

Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from violation of life, body, or health, the breach of essential contractual obligations as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Picanova, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on the compliance of which the contractual partner may regularly rely.

In the event of a breach of essential contractual obligations, Picanova shall only be liable for the contractually typical, foreseeable damage, if it was caused by negligence, unless it concerns claims for damages by the customer resulting violation of life, body, or health.

In particular, Picanova is therefore not liable for damages that have not occurred to the delivery item itself; for lost profit or for other pecuniary loss of the customer. The provisions of the Product Liability Law remain unaffected.

10. Retention of title

The products ordered remain the property of Picanova 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 Picanova.

11. Prohibition of offset, rights to withhold

The customer is not entitled to offset claims against Picanova 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 Picanova for payment with rights to withhold – even for notification of deficiencies – unless they result from the same contractual relationship.

12. Copyrights

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 Picanova 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 Picanova from all claims. In this case the client will support Picanova in the defense of such claims. The client bears all incidental expenses (e.g. court and lawyer costs, fines, etc.).

13. Granting of License

The customer retains all rights to all documents transferred to Picanova by the customer or by the persons authorized by the customer. For the execution of the contract, the purchaser grants Picanova the territorial unlimited right to use the image data provided to Picanova for the services to be provided in the course of the contract. This contains the storage, reproduction and processing of image data. This includes the right to make available some pictures for correction and improvement to third parties.

14. Newsletter

In order to keep you up to date on our latest offers, we will send newsletter of Picanova 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 in text form to data-protection-officer@picanova.com or to the contact details provided in the imprint (e.g. fax, letter). Please note that, each newsletter contains a link to unsubscribe regarding future messages.

15. Responsibility of Penology, right to withhold performance

The customer is responsible for the legality of the content. By issuing the order, he assures that the contents of the transferred image files do not violate the criminal laws, in particular not the provisions of the §§86 et seq, 184 et seq. of the German StGB (Penal code law). In addition, Picanova is under no obligation to perform services that result in a breach of law by Picanova. If the contents of the files sent by ordering party violate criminal law, Picanova will file a criminal complaint. At the same time, Picanova is entitle to refuse performance and to withdraw from the contract. Picanova is allowed but not obliged to examine the contents that are uploaded to the Web album as far as their legality is concerned. If, in the opinion of Picanova, content violates applicable law, Picanova is entitled to delete the content without prior notice. In case of complaints or objections from third parties against the information of the customer – for whatever legal reason, Picanova will delete the contents in any case immediately. Any claims against Picanova for blocking content after notification or or complaints by third parties are excluded unless Picanova has committed gross negligence or intentional unjustified deletions.

16. Choice of forum clause

If the customer is a merchant, a legal entity under public law or special fund under public law, Cologne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, a customer has moved after conclusion of the contract his domicile or habitual residence abroad or his domicile or habitual residence is unknown at the time the action is brought.

17. Governing Law

The closure and liquidation of all contracts shall be governed by German law. The application of the CISG is excluded.

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