Terms and Conditions for the Order of Photo calendars on-line

Area of Application

For the business relation between Happy Eyes and the customer the following conditions exclusively apply in the version which is present in Internet at the moment of the order. For the realization of the on-line services Happy Eyes uses the infrastructure of a business partner (which in the following is referred to as “contract execution assistant”).

Contracting Party

Contracting party of the customer is Happy Eyes e. K., Zeppelinstr. 73, D 81669 München.

Contract Conclusion

The customer gives Happy Eyes the order for the production of photo calendars (and their dispatch) by forwarding of digital data originals in file formats via Internet. The contract comes off either by express confirmation or by the processing of the order by Happy Eyes or its contract execution assistant.

Prices

The prices mentioned on the website of Happy Eyes at the day of the order are valid for the delivery of the photo books. The prices do not include value added tax and transportation costs for the delivery. All prices are to be understood in Euro.

Right to Withdraw the Order, Right to Return the Photo calendars

The right to withdraw the order in accordance with the Law for Remote Sale (Fernabsatzgesetz) Art. 3, par. 2, section 1 is excluded because the photo calendars are produced according to the original data and requirements defined by the customer.

Compensation in case of Contract Cancellation

In case of cancellation of the contract by Happy Eyes from important reason or if Happy Eyes approves the contract cancellation wished by the customer, Happy Eyes is entitled to a compensation for damages because of non-execution. At least those achievements already furnished starting from order acceptance are to be compensated to Happy Eyes.

Delivery

Delivery of the photo calendars takes place after payment is effected (as described below). Happy Eyes is entitled to do partial deliveries. A delivery delay on the part of Happy Eyes does not entitle the customer to non-acceptance. Usually the delivery period amounts to approximately 7 working days. The photo calendars are sent to an indicated delivery address.

Assignor of the Order and Recipient considered as Customer

For orders with delivery addresses to third parties the assignor of the order is considered as the customer. If the delivery is done to third parties to their benefit or if the recipient of the delivery is enriched by the possession and further use of the delivery in other way, then orderer and in any other way, then orderer and receivers of the delivery are considered jointly as a customer. With the assignment of such an order the orderer tacitly insures that the agreement of the delivery receiver is present for this.

Delay of Delivery Acceptance

For the time period in which the customer or a recipient appointed by him is in delay to accept the delivery, Happy Eyes is entitled to store the photo calendars at the customer’s risk and on his account. For that purpose Happy Eyes may use the services of a storage company. The arisen storage costs for the goods as well as also the additional transportation costs which have occurred because of the delay are on customer’s account and have to be reimbursed to Happy Eyes.

Payment

The possible payment methods are

  • payment by credit card (Master / Visa) or
  • debiting the customer account ( for Germany and Austria only) or
  • payment by bank transfer.

All details of the payment by credit or debit card are encoded with SSL (Secure Socket Layer) by our payment partner: Wirecard AG, Bretonischer Ring 4, 85630 Grasbrun, Germany.

The customer receives a payment confirmation on his e-mail address. All details related to the payment process can be seen on the corresponding page of the website, on the “payment’s page”. After successful payment the production of the photo calendars is initiated. The invoice will be sent electronically by email. A paper invoice will be sent only on request. If the customer doesn’t follow his obligation to pay, Happy Eyes reserves the right to temporarily deprive this customer from the use of Happy Eyes services up to the receipt of the payment or to exclude the customer durably from the use of Happy Eyes’ services.

Set-off

A set-off by the customer is possible only if his counterclaims are validly determined or are not denied by Happy Eyes.

Retention of Title

Up to the complete payment of all goods from the same order the photo calendars remain the property by Happy Eyes.

Liability for Defects

A photo calendars are considered defective if it does not correspond to the technical standards of digital photo development and treatment. The customer has to claim any obvious, striking defects of the photo calendars immediately after their delivery, but not later than 7 days after receipt. Later claims for obvious defects are excluded. In case of reasonable claims for defects, Happy Eyes first has the right for replacement. If a replacement is not possible or if it fails, the customer is entitled to cancel the contract or to claim a reduction of the purchase price. With the cancellation of the contract the customer is obliged to completely return the goods. Liability for defects, however, exists according to the legal regulations. Any liability for consequential damages is excluded.

Return of the Claimed Goods

A condition for the removal of defects is the return of the complaint products to Happy Eyes. The costs of the return delivery will be borne by Happy Eyes. If the customer does not return the complaint products – for whatever reasons – this involves the loss of all rights of the customer concerning the complaint. If only a part of the complaint products is returned, no rework can take place for the not returned part and the customer has to pay the invoice amount for these products.

Liability

Happy Eyes is only responsible for damages to the goods up to the sending off of the photo calendars. All further claims of the customer regardless of their legal grounds are excluded.

Therefore Happy Eyes is not responsible for indirect damages such as lost revenues or other financial damages of the customer.

An adhesion for damages or for the loss of files on data media of Happy Eyes or its contract execution assistant as well as on the electronic communication lines and networks is excluded.

A warranty for characteristics of the products is not made by Happy Eyes. As far as the adhesion is excluded from Happy Eyes or is limited, this applies also to the personal adhesion of employees, representatives and contract execution assistants.

The aforementioned limitation of liability does not apply in cases of rough negligence or resolution on sides of Happy Eyes and/or if a personal injury is present. Furthermore it does not apply if the customer raises claims referring to §§ 1, 4 product liability law.

If Happy Eyes negligently hurts a substantial contract obligation, the obligation to indemnify for damages to property is limited to the typically arising damage. In principle it is limited to the amount of the order value.

Non-liability for the Transport Enterprise

Happy Eyes assigns on own calculation - considering the required care - third enterprises (transport enterprises) with the dispatch, however in the name and on risk of the customer.

For the activity of the transport enterprises any adhesion is impossible by Happy Eyes. This applies in particular to the duration of the delivery time of the transport enterprise.

Exclusion of the Compensation for Damages

Claims for compensations for damages on the part of the customer or of third persons related to non-observance of the delivery times indicated by Happy Eyes are expressly excluded.

Data security, Data Protection

It is known to the customer and he agrees to the fact that for the job execution as well as archiving his personal data are stored on data media.

He gives his explicit consent for the collection, processing and use of his personal data. The processing of data happens by observing the Federal Law for Data Protection (BDSG) as well as the Teledienstedatenschutzgesetz (TDDSG). All data are treated confidential by Happy Eyes.

The customer is entitled to withdraw his consent at any time with effect for the future. Happy Eyes commits itself in case of revocation of the consent to the immediate deletion of the personal data, however restricted to the final completion of the order process.

When receiving an order, Happy Eyes assumes that the customer secures his data records also beyond the time of dispatch of the photo calendars to him.

There is no storage of the data sent by the customer through Happy Eyes or his contract execution assistant.

Copyright, Criminal law

For the contents of the transferred image files the customer is solely responsible. For all tasks assigned to Happy Eyes as well as for archiving of the image data it is assumed that the customer is in possession of all necessary copyrights, trade rights and any other rights.

Alone the customer carries all consequences incurred by a possible infringement of these rights. In case third parties should make claims against Happy Eyes for violation of their rights on the photos due to unauthorized distribution through the customer, the customer commits himself to exempt Happy Eyes by all claims in this connection. The customer assures with assignment of the order that the contents of the transferred image files do not offend the penal laws, in particular the regulations for the spreading of child pornography (§ 184 StGB). In case that Happy Eyes becomes aware about breaches of this assurance, Happy Eyes will immediately inform the prosecution authorities.

Rights to Use for the Customer

Happy Eyes (or the respective licenser) keeps all rights for the creative works developed and furnished by Happy Eyes, especially concerning software, images, text marks or graphic layouts like backgrounds. With the payment for these services the customer only pays for the services rendered but not for the intellectual property rights, in particular not for the right for further dissemination.

Place of execution, Area of Jurisdiction and Applicable Law

Place of execution of all contractual duties is the seat of Happy Eyes. In case of legal disputes in connection with this business relation the German Law exclusively is applicable, under exclusion of the Law of the European Community regarding sale-trades.

If at the time of presenting the claim the customer does not have domicile or usual place of residence in Germany or otherwise no general area of jurisdiction or if the customer is a tradesman and trades in this quality, then the seat of Happy Eyes is agreed for area of jurisdiction.

Additional clause

If separate clauses of these contractual conditions and/or of the contract, which they supplement, are/or become invalid, then thereby the effectiveness of the other regulations is not affected. They remain effective for both parts. In case of inefficacy of an individual regulation the contracting parties shall strive to reach a new agreement - with consideration of the mutual interests - which comes next to the economic purpose of the ineffective regulation.