§ 1 Scope of application
For business relations between Diginet GmbH & Co. KG (hereinafter referred to as "artboxONE") and the purchaser, the following general terms and conditions of business apply as of the date of the order on the Internet. These can be stored and / or printed out by the customer for the purpose of the online order on his computer. The online shop is available in English, the language of the contract is English.
§ 2 Contract parties
The contractual partner of the customer is Diginet GmbH & Co. KG, Germany.
§ 3 Contract conclusion
By clicking on the purchase button "buy", the customer makes a binding contract offer. Prior to sending the order, the customer may change and review the data at any time, recognise possible input errors and, if necessary, correct them before finalising his order. ArtboxONE shall immediately acknowledge receipt of the order by e-mail. The confirmation of the receipt of the order does not constitute an acceptance. The contract comes into effect when the order placed by the customer via the internet is accepted by delivery of the goods or by the notification of the delivery. The customer shall be informed of all the contract data, i.e. the invoice and delivery address, method of payment, the selected product as well as the cost of the order including the shipping costs as well as the VAT and the anticipated production date. In addition, artboxONE will save the contract information. The customer can look into the information through his customer account.
§ 4 Prices
The delivery of the goods takes place at the price rates valid in at that moment in british pounds on the website of artboxONE. The price consists of the order value, the shipping costs as well as other price components and includes the applicable statutory value added tax. To ship to countries outside the European Union additional charges may apply. These are not included in the price and must be payed by the customer.
§ 5 Delivery, shipping
The goods shall be delivered in accordance with the provisions laid down in the ordering software or on the website, unless otherwise agreed between the customer and artboxONE. The delivery time is agreed individually or specified in the order process.
§ 6 Payment
6.1 You must pay in full by credit or debit card. Payment will be collected at the time of placing this Order.
6.2 The price of your products is the price in effect at the date and time of you placing your order, as set out on this website, inclusive of the costs of packing and delivery and inclusive of VAT (or other prevailing sales tax at the current rate). We may change any of these prices at any time before your order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your order shall be validated by us as part of the acceptance procedure.
6.3 We deliver the products to the serviced countries, but where your products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 6.4 You warrant that all details you provide to us for the purpose of purchasing the products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.
§ 7 Reservation of title
The goods remain the property of artboxONE until full payment of all goods from the same order.
§ 8 Right of withdrawal
You can find all information about the right of withdrawal here: here.
§ 9 Complaints / Dispute settlement
As of 15 February 2016, the EU Commission will provide a platform for out-of-court disputes. This gives consumers the opportunity to clarify any disputes related to your online order without the intervention of a court. The Dispute Settlement Platform is available at the external link http://ec.europa.eu/consumers/odr/. Please contact us at: service@artboxone.de.
§ 10 Claims for defects
The statutory provisions shall apply to the rights of the purchaser in the event of material defects and defects of title, unless otherwise specified below. Should the goods show a defect, the ordering party shall be entitled to choose between subsequent performance in the form of removal of the defect (rectification of defects) or delivery of a new defect-free item (subsequent delivery). artboxONE shall, however, be entitled to refuse the chosen type of subsequent performance if this can only be carried out at disproportionate costs and if the other type of subsequent performance would not cause any considerable disadvantages for the ordering party. If the supplementary performance has failed, the ordering party may, at his discretion, declare withdrawal from the contract or reduce the purchase price.
§ 11 Liability
artboxONE is liable for damages caused by intentional or grossly negligent behaviour of artboxONE, a representative or vicarious agent according to the legal provisions. Otherwise, artboxONE shall only be liable to the ordering party according to the Product Liability Act, on the basis of a guarantee assumed, on account of injury to life, body or health or on account of culpable violation of cardinal obligations (essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely). In the event of a breach of cardinal obligations, the customer's claim for damages shall be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases mentioned in sentences 1 and 2 of this paragraph applies at the same time.
§ 12 Data protection, data backup
With regard to the regulations concerning data protection and data backup, reference is made to the separate data protection declaration, which can be saved and/or printed out by the customer on his computer for the purpose of the online order. If necessary for a complete processing of the orders, the personal and image data collected when placing the order will be passed on to vicarious agents of artboxONE within the scope of an order data agreement according to §11 BDSG.
§ 13 Registration & Album Service
- artboxONE enables the customer within the scope of its album service to upload image files with a file format predetermined by artboxONE, to store them in so-called albums and to edit them using the websites operated by artboxONE. The customer has the possibility to give third parties access to the image files stored in the respective albums (sharing). The client can limit the circle of persons authorised to access by issuing a password or allow access to any number of third parties ("public album"). The storage space used by customers at artboxONE should not exceed the capacity stated on the website (currently 1 gigabyte). artboxONE reserves the right to delete image data from the servers of artboxONE in whole or in part without prior notice. If the customer has assigned a password for an album, the third parties authorised to access the album have the possibility to have photo products produced from the image files stored there against payment of a fee.
- Despite careful maintenance and care of the system, artboxONE cannot guarantee the availability of the service at any time. There is no claim to the use of the service.
- by creating password-protected or public albums the customer makes the image files stored there publicly or partially publicly accessible as well as retrievable for third parties on the internet. By placing the files in such an album the customer agrees that third parties can access his albums via the respective web server of artboxONE and view the image files stored there, transfer or load and process them in the working memory of their data processing devices and/or order them on products with the help of the services of artboxONE. In this case artboxONE will only provide the technical access or the technical possibilities for the reproduction of the image files published by the customer by the respective user of the service or the customer. In this respect, the customer grants artboxONE the right free of charge and not exclusively to copy and distribute the image files placed by him in such albums within the scope of the ordering service of artboxONE.
- the use of the album service and other services of artboxONE requires the registration of the customer's data, e.g. the name as well as a valid and current e-mail address. The customer's information on these data must be complete and truthful. For each e-mail address only one customer may be registered as user. artboxONE reserves the right to change this registration process. During registration the customer has to enter his personal password. Access to all data of the customer stored at artboxONE is only possible with this password. To avoid misuse the password must be kept secret. It is prohibited to pass it on to third parties. If a password is passed on nevertheless, artboxONE is not liable for any damages and/or other impairments of the customer that result from the misuse of the data. Alternatively the customer can register and log in with his Facebook data via the Facebook Connect button. There is no claim to registration with artboxONE. artboxONE can reject the registration request at any time without giving reasons. In this case artboxONE will delete all information and data already given by the user.
- the registration of the customer as a user of the album service and the artboxONE forum as well as the use of these services is free of charge.
§ 14 Final provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
If the ordering party does not have a general place of jurisdiction in Germany or if he has moved his residence abroad after conclusion of the contract or if his residence is not known at the time of filing of action or if the ordering party is a merchant and acts in this capacity, the place of jurisdiction for all disputes shall be the registered office of artboxONE.
Should individual provisions of this contract with the buyer including these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.
Status: November 2018