Version 3.0, Updated: October 2021 (Picanova B2B)
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”). Picanova provides the master website www.b2b.picanova.com with the corresponding sub-domain www.b2b-shop-eu.picanova.com website (the "Website") for EU B2B Buyers as a service to its customers and other interested parties.
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.
To access and use the Services of the Website, you must register for a B2B account (“Account”) by providing your personal information such as title, forename, surname, a valid email address, field of your business, full legal company name, VAT number, current address, phone number and any other information indicated as required. Picanova may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You are responsible for keeping your password secure. Picanova cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
The person signing up for the Service by opening an Account will be the contracting party for the purposes of our Terms of Service. You agree to accept responsibility for all purchases and activities that occur under your account.
You confirm that you are receiving any Services provided by Picanova for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Picanova will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Picanova and your primary Account email address must be capable of both sending and receiving messages.
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:
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.jsf. The applicable value added tax is calculated depending on the country of delivery. For deliveries to Germany the currently applicable VAT is 19%. If Buyer provides valid VAT ID in invoice address which match destination country, then no tax applied.
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.
The Buyer can choose the payment method (credit card payment, PayPal, Amazon, Klarna sofort, purchase on account) at the time of the order. Payments are deemed to have been made on the day on which Picanova can dispose of the amount.
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 you. If the Buyer in arrears, Picanova 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 Picanova a proven higher arrear damage caused by delay has occurred, Picanova has the right, to assert claim to said damage. The Buyer bears the costs of payment, particularly transferred from abroad.
Pay Later (Invoice) (Pay Later via payolution)
If the payment method Pay Later (Invoice) via payolution is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days after invoice received or within 7 (seven) days after receipt of the goods, whichever is the earlier, without deduction to Bank Frick & Co.AG, Landstrasse 14, 9496 Balzers, Liechtenstein, to whom Picanova assigns its claim from the purchase contract, unless otherwise agreed. The payment method purchase on account requires a successful credit check. In this case, the customer can only pay with debt-discharging effect to the bank Frick & Co. AG. In addition, the following supplementary General Terms and Conditions shall apply. The complete general terms and conditions for purchase on account can be found here.
Picanova reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, Picanova will inform the customer in its payment information in the online store about a corresponding payment restriction.
According to § 312g (2)(1) BGB, the right of withdrawal 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.
If, in exceptional cases, there is a right of withdrawal, the following applies only to consumers within the meaning of § 13 BGB:
You have the right to withdrawal 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 withdrawal right you must inform us by means of a explicit statement (eg a letter sent by post, fax or Email) of your decision to withdrawal from this contract. To comply with the withdrawal 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
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.
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.
The delivery is done by sending the purchased items to the address provided by the Buyer. If a product ordered by the Buyer is found to be unavailable, Picanova will notify the Buyer 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 Buyer 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 Buyer 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 Buyer or the Buyer 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.jsf. Depending on the format and delivery country, shipping takes place via GLS, GEL, DHL or UPS.
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 Buyer is obliged to return the goods delivered first to Picanova within 30 days of the confirmation of subsequent performance at the expense of Picanova.
Claims of the Buyer for damages are excluded. This does not apply to claims for damages of the Buyer 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 Buyer 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 Buyer. The provisions of the Product Liability Law remain unaffected.
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.
The Buyer is not entitled to offset claims against Picanova for payment with his own claims, unless the claims of the Buyer are established beyond dispute or are of legal force. The Buyer 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.
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.).
The Buyer retains all rights to all documents transferred to Picanova by the Buyer or by the persons authorized by the Buyer. For the execution of the contract, the Buyer 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.
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.
The Buyer 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 Buyer – 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.
If the Buyer 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 Buyer does not have a general place of jurisdiction in Germany, a Buyer 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.
The closure and liquidation of all contracts shall be governed by German law. The application of the CISG is excluded.