GTC

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HEJPIX GmbH & Co. KG General Terms and Conditions (GTC) for the Online Shop HEJPIX.com

1. Miscellaneous, Scope

1.1 These T&C apply to all contracts that the Customer (referred to also in the following as "You", "Your" and suchlike.) concludes with HEJPIX GmbH & Co. KG (referred to in the following as "HEJPIX" or "We", "Us", "Our" and suchlike) on the online shop "HEJPIX" (www.hejpix.com) or through other services provided by HEJPIX (together and individually referred to in the following as "HEJPIX Service"), unless otherwise agreed.

1.2 The Customer's terms and conditions are explicitly rejected.

1.3 We will not store the terms of the contract on your behalf.

1.4 We are not obliged and shall not be willing to become party to a dispute resolution procedure before a consumer arbitration board.

2. Conclusion of the contract

2.1 The product presentations and information contained in the online shop or other HEJPIX Service are subject to change and are merely a solicitation to the Customer to submit a legally binding offer to conclude a contract.

2.2 Contractual conclusion for the free registration and creation of a customer account: The Customer submits an offer to conclude a contract as registration in the online shop or other HEJPIX Service. HEJPIX is entitled to accept the Customer's offer to conclude a contract within five days of receipt and shall do so by explicit declaration (e.g. by e-mail with confirmation of registration) or provision of access (e.g.in case of registration via Social Connect). HEJPIX is entitled to reject the offer to conclude a contract without statement of reasons. Moreover, a contract may be concluded under the terms of a contract for the paid provision of goods and services according to the following provisions.

2.3 Conclusion of contracts for the paid provision of goods (e.g. decorative items, individual photo products) or services: The Customer submits an offer to conclude a contract using the order form in the online shop or other HEJPIX Service. HEJPIX will confirm receipt of the Customer's offer to conclude a contract by electronic means (usually by e-mail) and without undue delay. This confirmation of receipt does not constitute acceptance of the Customer's offer to conclude a contract. HEJPIX is entitled to accept the Customer's offer to conclude a contract within five days of receipt and shall do so by explicit declaration (e.g. by e-mail with order or shipping confirmation) or by delivering the products. HEJPIX is entitled to reject the offer to conclude a contract – for instance after checking the Customer's creditworthiness – without statement of reasons.

3. Requirements for registration, Customer account

3.1 You must be legally competent and either at least 18 years of age or have permission from your legal guardians (e.g. parents).

3.2 During registration, you must provide truthful, current and complete information and must update this information as necessary for the entire term of the contract.

3.3 You are forbidden from re-registering if we have closed the customer account and banned you from creating a new account.

3.4 The customer account is non-transferable; only the Customer to whom we have assigned the customer account and its login details may make use of the account. The login details must be kept secret. The Customer is responsible for all actions undertaken through use of the login details. The Customer undertakes to inform HEJPIX without undue delay of any misuse of the personal account.

4. Term and cancellation

4.1 The contract for the use of a free customer account is concluded for an indefinite period.

4.2 The Customer is entitled to cancel the free customer account by written notification (e.g. in an e-mail to info@hejpix.com) at any time and without statement of reasons. HEJPIX is entitled to cancel customer accounts at any time. It shall be bound to a notice period of fourteen (14) workdays to the end of the month. In particular, HEJPIX reserves the right to serve ordinary notice of cancellation to free customer accounts and to delete the content stored by the Customer if the Customer fails to make use of the customer account for a period of at least twelve months and the Customer fails to respond to an e-mail confirmation enquiry inside of fourteen (14) days.

4.3 The forgoing provision is without prejudice to the right of either Party to serve immediate notice of cancellation to the service for good cause. Good cause for HEJPIX shall be in particular if HEJPIX cannot reasonably be expected to continue the contractual relationship until the end of the ordinary notice period with due consideration of all circumstances of the individual case and the interests of HEJPIX and the Customer. The following events shall be considered good cause in particular: Illegal activity by the Customer in the use of the customer account or service; violation by the Customer of contractual obligations despite written caution by HEJPIX to refrain from doing so; statutory provisions may make this written caution unnecessary.

4.4 The Customer's personal details, login details and content stored on the customer account will be deleted when the cancellation comes into effect or the customer account is blocked with finality, unless HEJPIX is required or entitled to store this information under law. Any ratings, comments and other content that the Customer placed on the service will then be disassociated from the customer account and will remain accessible to other Customers as part of the service, but without reference.

5. Rules of conduct for the Customer

5.1 Each Customer is responsible for their personal customer account and for the information, comments, photos and other details ("Contents") that they place or are placed on their customer account.

5.2 The Customer undertakes to adhere to the relevant laws when uploading content and in all other forms of use. Moreover, the Customer undertakes to refrain from any and all forms of misuse of the website and its service. In particular the Customer undertakes to:

• provide truthful and complete personal information and to keep this information updated at all times;

• to create only one customer account per Customer and to refrain from manipulating the service through the use of multiple accesses;

•to redeem vouchers and discount codes only once by one person and no more than once for each household; persons living at the same address shall be considered one household;

• to refrain from presenting and/or sharing content that violates the rights of third parties, in particular copyrights, personal rights, including the right to one's own image, trademarks, patents, company secrets or other rights;

• to refrain from using the service to commit crimes, in particular to harass or threaten other persons or to otherwise infringe on their dignity, honour or right to sexual self-determination.

• to refrain from spreading any abusive criticism, defamation, insults, lies or falsifications;

•to refrain from disseminating content that might instigate others to commit unlawful or otherwise immoral actions;

•to refrain from any actions that might endanger the existence or operation of the HEJPIX data network or data centre of its customers, for instance by uploading or otherwise introducing viruses or similar malware;

• to refrain from publishing on other websites or marketing or disseminating in other ways the photo products designed with applications contained in the HEJPIX Service without the explicit consent of HEJPIX;

• to refrain from placing links to websites or content that breach applicable laws or that are liable to corrupt the young.

5.3 Customers are requested to notify HEJPIX insofar and inasmuch as they become aware of clear indications or knowledge of misuse of the service (by email to info@hejpix.com).

5.4 We do not conduct prior checks of Customer content. We reserve the right to block or delete such content at any time and without notification if we become aware of content that is in violation of applicable law.

5.5 Where you do not have our prior consent, you are not permitted to use the HEJPIX Service for commercial purposes, e.g. for the provision of paid products and services or for advertising purposes.

6. Rights of HEJPIX in case of misconduct by the Customer

6.1 Where HEJPIX has clear indications that the Customer is in violation of statutory provisions, the rights of third parties and/or these GTC, or that there are justified grounds for intervention in the interests of protecting other Customers, HEJPIX shall have the right to take the following action in particular:

• warn the Customer:

• delete content that the Customer has stored in a HEJPIX Service, shared with other Customers and/or published in personal comments, provided such deletion is suitable to restore a legally compliant condition;

• limit the use of the service by the Customer;

• temporarily or permanently block the customer account of the Customer; notwithstanding, customer accounts shall only be blocked permanently in case of severe violations of statutory provisions or these GTC.

6.2 Selection of the particular action/s shall take place (possibly after soliciting a statement from the Customer) with due consideration of the Customer's culpability.

7. Availability of the HEJPIX Services

HEJPIX warrants that the HEJPIX Services will be available for 95 percent of a calendar year. This shall not include failure of the service for reasons beyond the control of HEJPIX, for instance due to force majeure or technical malfunctions of the Internet, mobile platforms or social networks.

8. Special terms for the storage of Customer content by HEJPIX

8.1 Before designing and/or sharing content, the Customer must make certain that they possess the necessary rights of use to the content.

8.2 Photo albums in which the Customer is visible in addition to one or more other persons may only be used, marked or linked insofar as the other person or persons have provided their consent or their consent is not necessary under law.

8.3 The Customer undertakes to hold HEJPIX harmless of any claims by third parties that are asserted against HEJPIX and/or its vicarious agents due to a breach of copyright, related rights or other rights held by third parties due to conduct of the Customer or use of the Content uploaded by the Customer to the HEJPIX Service and the provision of said service by HEJPIX.

8.4 The Customer commissions HEJPIX with the storage of and provision of access to the content uploaded to the HEJPIX Service for the purpose of executing the contract.

8.5 HEJPIX's own content that is available in the service is protected under law. This applies in particular to reports, databases, artworks, logos, symbols, images and the website layout. The Customer is not permitted to duplicate, disseminate, publish, edit or modify this content without permission from HEJPIX.

8.6 The Customer is only entitled to use the storage space made available for uploading content in order to present and share the content. In particular, the Customer is not entitled to copy or otherwise transfer designed content (e.g. Photobooks, Retropix, Calendars, Photostrips) to proprietary or third-party data carriers or external accounts.

9. Special terms for the sale of products

9.1 We do not accept the risk of obtaining an ordered product (procurement risk). This applies also to orders of products that are described merely in terms of their nature and properties (generic products). We are only obliged to make deliveries from our own inventory of products and of the products ordered from our suppliers. We reserve the right to withdraw from the contract with the Customer if – despite conclusion of a congruent covering transaction with our supplier – we do not receive or do not receive punctual delivery of the necessary products, we are not responsible for the unavailability of the products for other reasons, we notify you without undue delay and we have not accepted the procurement risk. In case of withdrawal, we will reimburse the Customer for any pre-payments without undue delay.

9.2 HEJPIX is entitled to provide part deliveries and part services, provided the Customer can be reasonably expected to accept this arrangement.

9.3 The Customer is not entitled to insist on delivery to countries other than those specified and agreed in the individual Femory Service.

9.4 Where the delivery of products to the Customer at the delivery address specified by the Customer is not possible, and where the commissioned transport company sends the products back to us, the costs of unsuccessful delivery will be charged to the Customer. This does not apply if the Customer is not responsible for the unsuccessful delivery attempt. It is at the discretion of the Customer to prove that we have incurred no damage or a lower damage. The statutory provisions on delayed acceptance as set out in Section 293 et seq. German Civil Code (BGB) shall otherwise apply.

9.5 Where the contract is with a consumer, we reserve title to the purchased item until receipt of complete payment of the invoice amount. Where the contract is with a registered business in the pursuit of its commercial or self-employed enterprise, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until settlement of all outstanding receivables from the business relationship. The relevant security rights are transferable to third parties.

9.6 HEJPIX is liable for defects according to the terms set out under law. Industry-standard or slight deviations in quality, size, shape, form and/or colour are permitted insofar as they are reasonable. Deviations in colours shown on the website and the actual colours of the products may be due to their display on your computer or mobile device.

9.7 Where you are a consumer, we request that you inform us as quickly as possible of any obvious transport damages/defects when the products are delivered. Please be advised that the failure to report any complaints immediately does not in any way prejudice your statutory rights in cases of defects. Nevertheless, you help us to assert our own rights towards transport companies.

10. Prices / payment / offset / right of retention

10.1 Our prices are retail prices including the statutory rate of VAT. Any costs of postage and packaging will be stated separately.

10.2 You may only use the method of payment agreed and stated for your order when making payments.

10.3 The agreed price is payable immediately upon conclusion of the contract, unless otherwise agreed.

10.4 You shall only have the right to offset counter-claims if they are adjudicated upon finally, recognised by us or ready for decision. Moreover, you have a right of retention only if and insofar as the counter-claim is based on the same contractual relationship. The counter-claims of the Customer remain unaffected in case of defects to the delivered goods.

10.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

• Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here:  Germany, Austria 
• Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.  

11. Limitation on liability

11.1 We are only liable for damages incurred insofar as (1) they were caused intentionally or with gross negligence by our authorised representatives, employees or vicarious agents; (2) they led to injury to the life, limb or health due to a violation of an obligation by our authorised representatives, employees or vicarious agents; (3) liability is mandated by the Product Liability Act (ProdHaftG) or is based on a contractual guarantee or fraudulent actions by our authorised representatives, employees or vicarious agents; and/or (4) the infringement led to the violation of an obligation that is necessary for the execution of this contract and upon whose fulfilment the contractual partner may ordinarily rely ("Cardinal Obligation").

11.2 Our liability is unlimited in cases (1), (2) and (3) of the forgoing Clause 12.3 and shall otherwise be limited to foreseeable and typical damages.

11.3 Our liability is excluded in all other cases, apart from the cases set out in Clause 12.1 and notwithstanding the consequences of the following Clause 12.4.

11.4 The limitations on liability as set out above apply also to the personal liability of our authorised representatives, employees or vicarious agents. This is not associated with a reversal in the onus of proof. 

12. Amendment of the GTC

12.1 Where you have provided prior consent or your consent is assumed to be provided according to the following terms, we shall be entitled to amend the agreed GTC (e.g. for the introduction of new functions).

12.2 We will provide you with at least six weeks written notice (for instance by email) of any plans to change the GTC before any such changes come into effect. You will be assumed to have approved the changes if you do not object in writing within six weeks of receiving this notification, and the changes will come into effect accordingly. We will inform you specifically of this consequence in the notification of changes.

13. Final provisions

13.1 There are no collateral agreements. Where individual provisions of these GTC are or become invalid, the Contract shall remain valid as a whole.

13.2 The law of the Federal Republic of Germany applies excluding the UN Sales Convention. This choice of law applies to consumers that conclude the contract for non-professional or non-commercial reasons only insofar as it does not withdraw the protection afforded by mandatory provisions of the state in which the consumer has their habitual place of residence.

13.3 Where the Customer is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all the disputes arising from this contract is the registered address of the seller. The same applies if the Customer does not have a place of jurisdiction in Germany or the EU or their domicile or their habitual place of residence is not known when notice of action is brought. This is without prejudice to the right to bring action at an alternative legal venue.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying a reason.

Where the contract is for (i) the purchase of goods, the cancellation period shall be fourteen days from the date on which you or a third party appointed by you, who shall not be the transporter, took possession of the products (of the last products in the case of separate delivery of products ordered at the same time), and for (ii) the purchase of services, the cancellation period shall be fourteen days from the conclusion of contract.

In order to assert your right to cancellation, you must send us (HEJPIX GmbH & Co. KG, Corneliusstraße 27, D-80469 Munich, Germany, telephone: +49 (0) 89 / 13013198, email: support@hejpix.com) an unequivocal declaration (e.g. a letter sent by post, a telefax or an email) that you intend to cancel this contract. You can use the attached cancellation form to do so but this is not mandatory.

To meet the cancellation deadline, it is sufficient to dispatch the notification stating that you are exercising your right of cancellation before the deadline expires.

Consequences of cancellation

If you cancel this contract, we must refund all payments which we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which notification of your cancellation of this contract is received by us. For this repayment we will use the same means of payment which you used for the original transaction unless a different arrangement has been explicitly agreed with you; on no account will you be charged fees for this repayment.

We can refuse to make the repayment until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.

You must return or hand over the goods without delay and in any case no later than within fourteen days from the day on which you inform us of your cancellation of this contract. The deadline has been met if you dispatch the goods before the deadline of fourteen days has expired.

You will bear the direct cost of returning the goods.

You must pay for any loss of value in the goods if this loss of value is due to the handling of them on your part in a manner not solely required to check their condition, properties and way of working.

Where you have insisted that the provision of service should begin during the cancellation period, you will be required to pay a reasonable amount commensurate with the degree of service completion at the time of your notification to us of cancellation of the contract, relative to the total scope of services set out in the contract.

End of the cancellation policy

Exclusion of the right of cancellation

The right of cancellation does not apply to contracts for the delivery of products that are not prefabricated and for whose production an individual selection or specification by the consumer is necessary or that are clearly designed to meet the personal needs of the consumer (e.g. a photo product designed with personal motifs of the Customer such as Photobooks/Calendars/Retropix/Photostrips).

Information on the premature lapse of cancellation rights

The right to cancel a contract for the provision of services shall also lapse in accordance with Section 356 (4)(1) German Civil Code (BGB) if the company has provided the service in full and did not commence with the performance of the service until the consumer issued explicit consent in awareness that complete performance of the contract by the company would invalidate the right to cancellation.

Example of a cancellation form

(If you would like to withdraw from the contract, please complete this form and send it back.)

- To HEJPIX GmbH & Co. KG, Corneliusstraße 27, D-80469 Munich, Germany, email: support@hejpix.com

- I/we (*) herewith withdraw from the contract concluded by me/us (*) for

the purchase of the following products (*) / the provision of the following services (*)

- Ordered on (*) / received on (*):

- Name of the consumer

- Address of consumer

- Signature of the consumer (only for notification on paper):

- Date

(*) Delete as applicable