Imprint
Main Office in Munich
myposter GmbH
Breitenau 7
85232 Bergkirchen
Germany
City Office in Munich
myposter GmbH
Nymphenburger Str. 12
80335 München
Deutschland
Phone: 0049 (0)8131 / 380 - 3008
Fax: 0049 (0)8131 / 9999 - 729
E-Mail:[email protected]
Board of Directors: Simon von Hertzberg, Anna Ruhland, René Ruhland
Munich Court of Jurisdiction Registration Number: HRB 195211
VAT-ID: DE279773589
Responsible for content according to §55 (Paragraph), Section. 2 of the German RStV (National Broadcasting Agreement): Anna Ruhland (see above for address).
Terms of Service
§ 1 Scope
(1) The following Terms and Conditions apply to all contracts that are closed between myposter GmbH, Breitenau 7, 85232 Bergkirchen, Germany and the customer.
(2) All services and deliveries provided by myposter GmbH are delivered exclusively according to the terms and conditions described in this document in as far as these have been made applicable in the contract.
§ 2 Contract/Contract Fulfilment
(1) Offers that are made as a part of myposter's product and service portfolio via flyers, advertisements and in the Internet remain subject to change and are not binding. The presentation of products in the online shop does not constitute a legally binding offer but is a non-committal online catalogue and an invitation to order. By clicking on the button 'Send order' (or similar text), the customer places a legally binding order for the products in the shopping cart. The confirmation of the receipt of the customer's order is sent together with the acceptance of the order and the corresponding invoice immediately by automated e-mail. The e-mail confirmation closes the purchase order contract. Alterations and cancellations cannot be accepted after this point in time.
(2) The contract text is not stored separately by myposter GmbH. The purchase data is made available to the customer in the e-mail. The latest version of the Terms and Conditions can be read and downloaded from myposter.de.
(3) myposter retains the right to refuse orders in individual cases that do not confer with myposter's predetermined requirements or that have been received by customers known to be unworthy of credit.
(4) myposter only accepts orders and delivery addresses within the following countries: Germany, Austria, Switzerland, Luxemburg, Liechtenstein, France, Italy, Belgium, The Netherlands, and Spain. Should any payments have been made, then these will be reimbursed to the credit card account, whereby any transaction fees necessary will be deducted from the amount.
§ 3 Copyright
(1) The copyright owner of designs and posters offered on myposter.de is not myposter itself, but the respective partner of myposter GmbH, the customer or a third party.
(2) The respective partner grants myposter unlimited usage rights for all pictures and designs that are offered on myposter's internet website. myposter therefore has the right to use the respective pictures for all products offered on the pages and grants the customer the respective right for his final product. The delivered end product is therefore free of third-party rights.
(3) The use of the designs and pictures described in paragraph 2 do not infringe on any copyright, property rights or other rights of third parties. This has been assured in writing by the respective partner of myposter.
(4) By purchasing a product with contents of the motives provided on myposter.de the customer acquires exclusively the physical ownership of the product. Usage rights for the reproduction of duplicates of any kind, the distribution, processing, and public accessibility are not included.
(5) The customer is granted the right to resell the product.
§ 4 Customer Obligations
(1) By uploading image data, the customer confirms that he has the right to reproduce and distribute this data. Manual checks and data correction are not conducted by the automated processing executed by myposter.
(2) The customer assures that all data and content which is placed at the disposal of myposter to fulfil the contract does not violate applicable law or rights.
(3) In particular, the customer guarantees
a) that data sent to myposter does not include any templates, material, content, propaganda, symbols of constitutionally forbidden parties or organisations or the like that glorify illegal violence, propagate or incite racism, that encourage or entice criminal offenses or show the sexual abuse of children or animals, or which make discriminating statements in terms of race, gender, religion, nationality, disability, sexual orientation or age of people.
b) that laws for the protection of minors or criminal laws are not violated. This applies in particular to the laws governing the distribution of pornography, and the laws concerning insults and defamation.
c) that the templates (in particular image and text files), content and materials sent to myposter do not violate any copyright, trademark or other proprietary rights of third parties, the general rights to privacy or other rights of third parties.
§ 5 Delivery, Delivery Times
(1) In as far as no other written agreement has been made in advance, delivery is always ex-works from myposter.
(2) Partial deliveries are permitted up to a quantity that is deemed acceptable for the customer. Each partial delivery is considered a separate delivery. If, in exceptional cases, partial deliveries are unreasonable for the customer, the costs incurred will not be charged to the customer.
(3) myposter always endeavours to comply with the delivery times specified in the contract. If (in exceptional cases) myposter is not able to meet the agreed deadlines, the customer is free to withdraw from the contract under the conditions that follow.
(4) myposter defines a grace period for later delivery of two weeks. This timeframe begins with the receipt of the customer's determination of a period of grace for delivery by myposter. If the period of grace is unacceptable for the customer for specific reasons, then this is deemed invalid. This applies in particular if the setting of a new delivery date is not possible for compelling legal reasons or if the current case is a fixed transaction.
(5) In the case of delivery disruptions that were not caused by myposter, or are outside myposter's realm of influence, myposter reserves the right to withdraw from the contract provided that the cause is not of a temporary nature, without the obligation to pay damages. This applies in particular to effects of force majeure. myposter will not be in lieu of delivery for the duration of the hindrance. Any services that have already been paid for will be refunded in case of a withdrawal.
(6) If a customer is in default of payment, myposter GmbH will discontinue all services to the customer. Payments will be used in chronological order to settle outstanding invoices, interest, and unpaid charges.
(7) If a customer makes use of his right of revocation, then he must bear the regular cost of the return delivery if the delivered goods are those which were ordered and if the price of the returning article does not exceed 40 euros, or, in the case of a higher price of the article, the customer has not made the contractually agreed payment or partial payment at the time of the act of revocation. Otherwise, the return delivery is free for the customer.
§ 6 Terms of Payment
(1) The purchase price is due at the time of the closure of the contract with immediate effect. The amount due will be debited in advance. Direct debit accounts and credit cards will be charged upon completion of the order.
(2) All prices are final customer prices inclusive of statutory sales tax (VAT).
(3) Payments can be made via credit card, direct debit, Paypal, immediate transfer, Amazon Payments, hire-purchase (payment by instalments) or invoice.
The following payment service companies are available for use. By selecting the respective payment service provider, you, as the customer, consent to the transfer of your personal data in order to process the payment.
1. RatePAY GmbH
Franklinstraße 28-29
10587 Berlin
2. PayPal (Europe) S.Ã r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
3. Amazon Payments Europe S.C.A.
5, Rue Plaetis
2338 Luxemburg
4. American Express Payment Services Limited
Theodor-Heuss-Allee 112
60486 Frankfurt am Main
5. payolution GmbH
Am Euro Platz 2
1120 Wien
Österreich
6. Sofort GmbH
Theresienhöhe 12
80339 München
7. Concardis GmbH
Helfmann-Park 7
65760 Eschborn
8. PostFinance AG
Mingerstrasse 20
3030 Bern
9. Klarna Bank AB (publ).
Sveavägen 46
111 34 Stockholm Schweden
10. Adyen B.V.
Simon Carmiggeltstraat 6-50
1011 DJ Amsterdam
11. Braintree
222 W Merchandise Mart Plaza
Suite 800
Chicago, IL 60654
Braintree, a PayPal Service
PayPal (Europe) S.Ã r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
(4) If the customer does not meet his payment obligations, then myposter has the right to make the entire remaining debt due with immediate effect. This applies especially if payments are discontinued or withdrawn, and the overall creditworthiness of the customer is in question.
(5) If the customer is responsible for a return debit from bank debits or causes a credit card payment to be reversed, myposter reserves the right to charge a processing fee in accordance with the specific case.
(6) Delivery costs of all kinds including packaging, transport costs, transport insurance and deliveries will be charged to the customer. Prices and additional costs will be charged by myposter according to the current delivery rates.
(7) Any additional delivery costs that might occur due to an incorrect delivery address or addressee will be charged to the customer, if he is responsible for the error.
(8) RatePAY GmbH's Additional Terms and Conditions and Data Protection Regulations In order to offer you attractive payment methods, we cooperate with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (referred to as "RatePAY" in this document). If a valid purchase agreement is reached between you (as a customer) and us (myposter) when the RatePAY payment method is selected, we transfer our payment claim to RatePAY. If the RatePAY instalment payment method is selected, we transfer our payment claim to RatePAY GmbH's partner bank. If you choose one of the RatePAY payment methods offered here, you provide consent (in the context of your order) to the transfer of your personal information and that of the order, for the purpose of an identity and credit check, as well as the contract processing, to RatePAY GmbH. For details, see the Additional Terms and Conditions and the Data Protection Regulations for RatePAY payment methods, which are part of these Terms and Conditions and which will be applicable if you select a RatePAY payment method. For customers from Austria, the following Additional Terms and Conditions and Data Protection regulations apply for RatePAY payment methods (AT).
(9) Additional Terms and Conditions for purchases made for invoice and instalment payments.
§ 7 Retention of Ownership
(1) The goods remain the property of myposter GmbH until full and final payment has been made.
(2) In the event of default of payment by the customer, and despite payment reminders and the expiry of the associated period of grace, myposter reserves the right to take back the ownership of the products. The reclaiming of ownership as well as the withdrawal or seizure of the goods by myposter does not constitute a withdrawal from the contract, insofar as non-mandatory applicable law precludes in particular the provisions governing consumer credit.
§ 8 Warranty
(1) Information provided, drawings, illustrations, technical data, descriptions of weights, measurements, specifications, and other characteristics contained in brochures, catalogues, circulars, advertisements, or price lists are for informational purposes only. myposter does not guarantee the accuracy of this information. Regarding the type and scope of delivery, only the information contained in the order and the invoice is decisive.
(2) Unless a written guarantee has been issued, there is absolutely no guarantee for the fading or the water resistance of printed matter. myposter emphasizes that products that are not specifically designated for outdoor use are intended for indoor use only.
(3) The descriptions and specifications defined at the time of the closure of the contract constitute the technical status at this time. Minor technical deviations (especially regarding picture trimming and the colour of the print) of the goods supplied from those advertised are permissible and do not constitute a fault insofar as they are within the normal commercial scope and as long as the contractual purpose is not significantly restricted by this. Pictures that are cropped, may differ slightly, but not significantly from the given sizes, as is usual for normal commercial frames. Small colour differences that are normal in the context of commercial products can occur in the printout if the customer's monitor has not been correctly colour-calibrated. Black and white printouts may have a slight, commercially acceptable colour shift when printed in colour. Unless the deviation is well outside the normal commercial tolerances, all complaints, voucher claims and replacement claims are excluded for these cases.
(4) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods. If the customer is a business or company (German civil law: § 14 BGB), the limitation period is restricted to one year.
(5) Warranty claims by a customer presuppose that, if the customer is a commercial business, he has complied with his obligations under paragraph 377 of the HGB (German law: Handelsgesetzbuch) to inspect the goods and complain as regulated.
§ 9 Limitation of Liability
(1) myposter is liable without restriction for damages which are caused by intentional or grossly negligent behaviour, as well as for damages due to legal deficiencies and the lack of assurances. This also applies to directly related consequential damages such as the loss of profits.
(2) myposter is only liable for consumer damages caused by slight negligence if it has neglected its most basic legal obligations as a contract partner (cardinal duty) which are essential to the fulfilment of the contract. This also applies to direct consequential damages, such as lost profits in particular.
(3) As for damages caused by slight negligence on the part of a commercial (business) customer, liability is restricted to damages typically foreseeable at the time of closure of the contract and to twice the value of the purchase order. This also applies to direct consequential damages, such as lost profits in particular.
(4) All forms of liability described in paragraphs 1 to 3 apply in the same sense to myposter's legal representatives, employees, and fulfilment personnel.
(5) myposter is liable in any case for damage to life, limb and health. The liability according to the product liability law remains unaffected.
§ 10 Data Protection
With regard to data protection, myposter's Data Protection policy applies.
§ 11 Withdrawal Rights
The right to cancel an order or return products according to paragraph § 312 g section 1 of the BGB (German civil law) is excluded pursuant to § 312 g section 2 no. 1 of the BGB if the goods are manufactured to the customer's specifications and tailored to personal needs. For this reason, all photo products manufactured by myposter GmbH, are excluded from the right of return.
§ 12 Destruction of Materials
(1) Every data storage medium as well as any templates provided to myposter by the customer for the fulfilment of the contract will be irrevocably destroyed by myposter after the contract has been executed. If the customer expressly wishes to receive the material he sent at the time of the order, myposter will of course return the media or documents to the customer. Costs incurred for the return shipment will be covered by the customer.
(2) myposter reserves the right to make a backup copy of all files and templates submitted by the customer for any possible warranty purposes and for post-improvement requests. The backup copy will only be used by myposter for the purpose of post-production improvements. The files are stored on a server rented by myposter. The data can be irrevocably deleted by myposter at any time and without informing the customer. When this happens is solely at the discretion of myposter GmbH.
§ 13 System Integrity and Website Downtime
(1) The application of any mechanisms, software, or other scripts in connection with the use of the myposter website, which may influence the functionality of the myposter website is prohibited to the user.
(2) Any measures that may result in an unreasonable or excessive burden on the infrastructure of myposter must not be taken or applied. Website users may not block, overwrite, or modify any content generated by myposter. Any kind of intervention that interferes with the operation of the myposter website is prohibited.
(3) Content that is stored on the website of myposter, may not be copied, distributed, reproduced, or used in any other way without the prior expressed consent of the copyright holder. This applies in particular to copying by automated mechanisms or by the means of "robot / crawler" search engine technology.
(4) The customer is legally obliged to treat the password chosen by him or a password generated by myposter for the use of his customer account with myposter confidentially and to protect it against misuse. The customer is liable for any damage resulting from misuse of his customer account or personal password.
§ 14 Final Provisions
(1) The relationship between the customer and myposter are subject exclusively to the law of the Federal Republic of Germany and expressly excludes UN sales law. Compulsory provisions of the country of which the customer is a main resident remain unaffected.
(2) The language used for the closure of a contract is German.
(3) Any jurisdiction of disputes arising from the business relationship between the customer and myposter as far as the customer is a commercial partner, or a legal entity of public law or a facility governing public special assets, or who has no general court of jurisdiction in Germany or has relocated his place of residence abroad after closing the contract, or whose place of residence is unknown after raising a dispute will be settled at myposter's company location. Lawsuits against myposter GmbH will be conducted exclusively in Munich. Mandatory legal provisions governing exclusive courts of jurisdiction remain unaffected by this provision.
(4) myposter reserves the right to change the Terms and Conditions at any time without stating any reasons. It will be made clear to a customer if a change is made on the page. Changes to the Terms and Conditions require the customer's renewed approval.
Download: Allgemeine Geschäftsbedingungen (PDF)