General terms and conditions
Inclusion of General Terms and Conditions
Please read the following terms and conditions carefully as they apply to all your orders. By registering on the homepage of weddies.de, uploading photos or clicking in the field "The terms and conditions of use, as well as the price and service list, we have taken note and we agree with their validity" when ordering , you agree to accept the following terms and conditions of weddies.de.
Services, conclusion of contract, execution of orders
- weddies.de offers on the website (www.weddies.de) newlyweds, their guests and photographers the possibility to upload image files in so-called digital photo albums, to store them, and optionally to make them accessible to a certain group of people via the Internet. In addition, weddies.de offers customers the possibility to create prints of image files and / or to have the image files stored digitally on a storage medium of their choice.
- The use of the service of weddies.de requires the registration of the customer's data. Customers' information on this data must be complete and truthful. When registering, the customer must enter a personal password. Access to all data stored by weddies.de by the customer is only possible with this password.
- The contract is concluded if the order placed by the customer via the Internet has been confirmed by weddies.de by e-mail ("acceptance").
- For the creation of the photo prints, weddies.de in turn commissions an external service provider, who in turn takes over the delivery of the order directly to the customer.
Scope of service / prices / duration
- The customer can choose between three service packages under www.weddies.de/page/preisleistungsverzeichnis. Special promotions and individual agreements remain reserved. All prices indicated there are final prices including VAT.
- weddies.de reserves the right to delete the stored image files 14 days after the end of the term and after prior notice.
Shipping / Delivery Time
The shipment is carried out by weddies.de and / or by the service provider commissioned by weddies.de within Germany. The photo prints will be sent by the service provider within 7 days of receipt of the order. The storage media will be shipped by weddies.de within 7 days of receipt of the order.
Terms of payment / retention of title
- The registration of the customer as a user of the service of weddies.de is free of charge. The digital development of image files as well as the other services of weddies.de are subject to a charge. Shipping costs will be charged for deliveries.
- Payment is made by invoice, PayPal, or credit card. weddies.de reserves the right to exclude payment methods in individual cases. The invoice amount is due for payment within 14 days after receipt of the delivery and the invoice without deduction. The customer shall be in default of payment by reminder or otherwise automatically with expiry of 30 days after receipt of the invoice, which weddies.de entitled to claim default interest and damages in accordance with Section 288 of the German Civil Code (BGB). weddies.de reserves the right to block access to the online album until full payment is received in the event of late payment. If the customer has not yet paid for previous orders, weddies.de also reserves the right to wait until payment is received with the sending of the processed order or to deliver only against payment via PayPal or credit card.
- As far as is actually and legally possible, the delivered products remain the property of weddies.de until full payment has been made.
Granting of rights of use
The customer retains all rights to all data transferred to weddies.de or to persons authorized by it. In order to be able to carry out the customer's order, the customer grants weddies.de the right to use the weddies.de provided image data for the services to be provided for the duration of the processing until the proper fulfilment of the order. This right of use includes in particular the storage, duplication and processing of the image data.
The entire content of the website, the programs installed on the website and the programs made available for download by weddies.de are the property of weddies.de or its suppliers and are protected by copyright. The customer may only download the software that he needs to execute the order and use it only to process the order. weddies.de or their suppliers grant the customer a non-exclusive license for the duration of their business relationship. Any further non-commercial or commercial use is not permitted.
Warranty / Liability
- weddies.de assumes liability in the event of material defects in accordance with the statutory provisions on the purchase in accordance with §433 et seq. BGB, unless otherwise specified below.
- A special quality of the goods to be delivered is not agreed. The delivered goods are deemed to be defective if they do not meet the technical standard of digital photo development and processing. Color differences between the images and the original images cannot be avoided technically, so they are not defects. Likewise, a defect does not arise if a loss of quality is caused by the characteristics of the original image files (e.g. "lack of resolution") of the customer. weddies.de does not guarantee quality or durability.
- The customer must complain in writing of obvious defects in the delivered goods immediately upon delivery, but no later than two weeks after receipt, in particular of the defect. However, a subsequent assertion of obvious defects does not result in a loss of warranty rights for a consumer.
- If an entrepreneur is ordering in the course of his professional activity, the entrepreneur is obliged to inspect the goods immediately upon receipt and to report any recognizable defects within one week. If the entrepreneur fails to notify, the goods are deemed to have been approved. The same applies to defects that occur later.
- weddies.de has the right to cure. However, the customer reserves the right to reduce the cure or to withdraw from the contract in the event of a failure of the cure. Upon withdrawal from the contract, the customer is obliged to return the goods in full.
- Insofar as the delivered goods are defective, cure is effected by replacement delivery. In total, weddies.de reserves the right for two attempts of cure. If these are unsuccessful or if weddies.de despite a reasonable period set by the customer, the cure shall be deemed to have failed and the customer shall be entitled to the statutory claims referred to in clause 5.
- weddies.de excludes liability for slightly negligent breaches of duty, provided that they do not relate to damage resulting from injury to life, body or health or claims under the Product Liability Act are affected. Furthermore, liability for the violation of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely, remains unaffected. The same applies to injuries caused by vicarious agents.
- The amount of the claim for damages is limited to the foreseeable damage typical of the contract.
Copyrights / Unauthorized Use
- The customer is solely responsible for the content of the transferred image files. The customer warrants weddies.de that no copyright, trademark or other rights of third parties, in particular the persons or objects depicted in the photos, will be violated by the order processing in accordance with the contract. Insofar as third parties claim to weddies.de a violation of their rights in images, image files or a violation of their personal rights, the uploader of the relevant image files, weddies.de at the latest on the first written intitle to all claims asserted against weddies.de by third parties and weddies.de to compensate all damages resulting from the infringement, including the necessary costs of legal defense.
- weddies.de attaches great importance to the observance of the protection of minors and the observance of personal rights. The customer is therefore not allowed to set up images or image files that contain criminal, illegal or immoral, in particular pornographic, anti-grassroots or extremist content. Should weddies.de breaches of this assurance become known, weddies.de may remove these files without prior notice and will immediately call in the law enforcement authorities in the event of urgent suspicion or clearly criminal offences.
Cancellation policy for non-personalised goods
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) also not before fulfilling our information obligations in accordance with Article 246 Section 2 in conjunction with Sections 1 (1) and 2 eGBGB as well as our obligations pursuant to Section 312 g (1) p. 1 BGB in conjunction with Article 246 . In order to comply with the withdrawal period, it is sufficient to send the revocation or the item in good time.
The revocation must be addressed to:
Am Bleichebach 10
+49 7731 939 8915
Cancellation policy - for personalised goods
There is no such requirement for prints of images and products that are made for the customer at the time of ordering by the use of images or other graphic images according to customer specifications or which are clearly tailored to the personal needs. Withdrawal. The revocation is excluded in this respect in accordance with Section 312 d.4 No. 1 of the German Civil Code (BGB).
- End of the revocation instruction -
Statutory warranty rights are not affected by the exclusion of the right of withdrawal.
Confidentiality of data
weddies.de collects and processes data in compliance with the applicable German data protection regulations, in particular the BSDG. The customer data is used exclusively for processing the customer order and for improving the offer and services of weddies.de. weddies.de will treat the data of the customer confidentially and will not pass it on to third parties, unless it is necessary in the course of order processing to have the data processed, if necessary by third parties, at home and abroad, which is contractually compatible with the relevant confidential treatment of the data. The image data of the customers as well as the data of the other photo products are stored by weddies.de for the production of the photos and other photo products and after completion of the order and expiry of the package period, in compliance with any legal retention periods. automatically deleted.
Place of jurisdiction / Severability clause
- If the customer has no domicile or habitual residence in Germany at the time of legal proceedings or if the customer is an entrepreneur in the course of his commercial activity, Singen (Hohentwiel) is agreed as the place of jurisdiction.
- Should one or more of these General Terms and Conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected. The Contracting Parties will endeavour to replace the ineffective provisions with provisions that come closest to the intended. The same applies in the event of a regulatory gap occurring.