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web to bind GmbH Terms & Conditions of Use and Sale


web to bind GmbH offers to have digital print products such as photobooks and therefore has drawn up legally definite conditions of use and sale. Please take some time to read the following conditions.

§ 1 Abstract The customer instructs web to bind GmbH, Raiffeisenstraße 7a, 93173 Wenzenbach (thereafter “web to bind”) with the production of one or more photobooks. The instruction of web to bind by the customer can solely be made with the latest software version of web to bind. The software version can be downloaded at www….
Only these conditions of use and sale are valid for orders of photobooks with web to bind.

§ 2 Ineffective Conditions of the customer
Contrary, complementary or differing conditions of the customer will only become part of the contrac-tual agreement, if web to bind specifically accepts these conditions in written form.

§ 3 Conclusion of Contract
1. The order made by the customer via the internet is a legally binding offer.
2. The customer has to enter complete and correct data and pledges himself not to enter data of third parties.
3. web to bind will promptly confirm the receipt of the order per e-mail or in any other way, whereas this confirmation of the receipt of the order does not mean the acceptance of the customer’s offer. Rather, web to bind shall inform the customer that the order was received by web to bind.
4. The customer principally abandons the right of receiving a declaration of acceptance by web to bind. The conclusion of the contract takes place when web to bind starts to process the instruction after receiving the order. As a general rule the ultimate production of the photobook takes place only after receipt of payment by web to bind.

§ 4 Prices
1. The orders will be processed with the prices that are valid on the day the orders take place. All prices are in British Pounds (GBP) including VAT. The costs of packing and shipping are not in-cluded in the prices.
2. When sending photobooks to countries out of the European Union, additional costs like custom fees can accrue. These costs have to be borne by the customer.
3. web to bind reserves the right to correct wrong prices that have been displayed by mistake. In case such a correction leads to a higher price the customer has the right to cancel the contractual agreement.

§ 5 Shipping and Delivery
1. Principally, web to bind reserves the right to choose the mode of transport. The shipping costs have to be borne by the customer.
2. Unless otherwise arranged the order will be delivered to the shipping-address specified by the customer. Details about delivery times are not binding, unless a certain delivery date has been bindingly arranged.
3. web to bind reserves the right for partial shipment.
4. With handing-over the ordered products to the shipping company the risk of destruction will be transferred to the shipping company.

§ 6 Payment
1. The customer can choose between three different modes of payment: Credit Card, Direct Debit or Bank Transfer.
2. Provided that the customer pays with Direct Debit he has to grant web to bind an operative direct debit authorization. web to bind reserves the right to commission a third party with the collection of the outstanding balance. Amounts approved for Direct Debit collection by the customer will be immediately credited to web to bind or the third party. web to bind reserves the right to carry out a credit assessment. In case of a negative credit assessment as well as in the case of a rejected Di-rect Debit, web to bind reserves the right to block this payment method for the customer. With the Direct Debit instruction the customer gives web to bind the authorization to collect the relevant amount from the stated account per Direct Debit procedure. Will a Direct Debit payment be rejected because of, for example, incorrect details, cancellation or shortage of cover, the customer has to bear all arising costs up to an amount of € 25,-. The customer commits himself to notify web to bind of any change of his account details or if he switches his account. Furthermore, if the customer switches his account he commits himself to give web to bind a Direct Debit authorization for the new account. The customer has the right to make an inquiry about his balance within a billing period.
3. Payment per bank transfer: The outstanding amount has to be transferred to the account of web to bind. The order will not be processed until the outstanding amount is credited to the account of web to bind.
§ 7 Charging, Retention
A right for charging is only granted to the customer, if his counterclaims are legally assessed or ac-cepted by web to bind. The customer is only entitled to the right of retention as his counterclaims are based on the same contractual agreement.

§ 8 Liability
1. web to bind does not guarantee 100% loyal colour reproduction of the prints due to technical rea-sons. The customer has to claim any deficiencies within two weeks after receipt of the photobooks in written form. Claims can only be made against web to bind. Does the customer fail to make a claim, the delivered photobooks will be considered as approved and the customer loses his claims on the liability of defects.
2. web to bind is only liable for defects caused by deliberate and grossly negligent behaviour. The liability is limited to the contractually typical defects, the customer has to count on when entering into the contractual agreement. Consequential losses, profits and savings forgone are excluded from liability.
3. As far as liability is excluded, this is also valid for personal liability of the employer, factors, ser-vants and assignees of web to bind.
4. The above liability limitations are not valid in the case of bodily injury.

§ 9 Retention of Title
The photobooks are legal property of web to bind until full payment is received.

§ 10 Illegal Contents
Only the customer is responsible for the content of transmitted text and images.

§ 11 Copyrights
The customer commits to owning the copy-, trademark- and/or all other required rights of the images transmitted to web to bind for the production of the photobooks.
All consequences resulting from possible infringements of these rights are to be borne by the cus-tomer. In this respect, the customer has to relieve web to bind on the first request from any claims made by third parties.
The customer assures that the content of the transmitted text and images does not infringe upon ap-plicable law, in particular child pornography law.

§ 12 Data Protection
1. web to bind provides a very high standard considering state-of-the-art data protection. The saving of the data is the responsibility of the customer. There is no back-up on the part of web to bind.
2. The transmitted images in the private and semi-public area (access for friends) are only accessible by persons explicitly authorized by the customer.

§ 13 Examination
web to bind reserves the right to check content transmitted by the customer for its lawfulness. Should web to bind have the opinion that the content infringes upon applicable law, web to bind reserves the right to delete the concerning content without prior notification. In case of content liable to prosecution web to bind reserves the right to report to the law enforcement agency in charge.

§ 14 Deletion of Content
In case of a complaint or objection of a third party against content transmitted by the customer, web to bind will instantly delete the content, no matter what legal position the complaint or objection is based on. Provided that, at a later point in time, the complaint or objection by the third party proves to be unjustified, and that web to bind has wrongfully deleted content of the customer, web to bind is excluded from any claims as long as web to bind has not acted deliberately or grossly negligent.

§ 15 Data Processing and Data Protection
1. web to bind stores the customer’s personal data collected to fulfill the contractual agreement on his servers.
2. The personal data will only be collected, processed, stored, or used otherwise in connection with the processing of the order.
3. Circulation of the customer’s data for advertising purposes only occurs when the customer has granted his permission.

§ 16 Miscellaneous
1. Only the German law for the sale of goods applies under exclusion of the United Nations Conven-tion on Contracts for the international sale of goods.
2. Place of fulfilment for all liabilities of the customer and place of jurisdiction is Regensburg, Germany.
3. Should one of the before mentioned conditions be invalid or become invalid, none of the other conditions will be affected. The invalid condition will be replaced by a condition that comes as close to the purpose of the invalid condition as possible.

Data Protection Declaration
web to bind GmbH takes the task of protecting personal data very seriously. We want you to know when we save your data and how we use it. As a company under private law we have to comply with the regulations set out by the German government such as Bundesdatenschutzgesetz (BDSG) and Mediendienstestaatsvertrag (MdStV) and therefore have made technical and organisational arrange-ments to secure the compliance with these regulations. This is also valid for our external service part-ners. web to bind GmbH provides you with a safe and private environment to store, share and order printed photobooks. It is not possible for other users to view your photobooks and stored images therein, without having your e-mail address and a personal password of your choice. If you use cookies and want to be recognized at the beginning of each session, every other user of your computer has the possibility to view your photobooks and personal details. If you want to grant a certain group of people access to your images, you can send a personal invita-tion by e-mail for a certain photobook by clicking on “MY BOOKS”. The recipient of your invitation just has to follow the link in the e-mail to have access to the chosen photobook and all the images stored therein. In order to store and upload photobooks you have to provide us with certain personal details. We need your name and surname, your mailing address, your password and a valid e-mail address. Please use your e-mail as a distinct username that, in connection with your password, can’t be used by any other of our customers. For the authentification process and to activate your personal online account you will receive an e-mail after an initial receipt of your photobook files. The e-mail contains a link to activate your online account. Together with a personal cookie (if activated) these data are crucial for the use of our services and will therefore be saved. All your data will be saved on specially protected servers. Access to these servers is only granted few specially authorized personnel, in charge of the technical or editorial care of the servers.

After registration and when cookies are activated, the system will recognize you every time you visit one of our pages. In case you are not using cookies you can log-on at the beginning of a session by providing your e-mail address and your personal password. Thereafter, all your entries will be relo-cated to you using so-called session IDs. The session IDs will be deleted after your visit. You can change your personal details at any time on “MY ACCOUNT”. We use your personal details only internally to enhance our service for you. Your personal details will not be given out to third parties, and are not accessible at any time by third parties. As soon as you want to order a photobook or any other print product, we need additional information to process your request. This includes your mailing address and information about your chosen pay-ment method. You can add this information to your user profile over a secured connection. In order to provide you with a quick and accurate service we give this information to our distribution-partners. Our partners will handle your data with the same care as we do. Storage, publication or sale of your data for other means than processing your order is contractually excluded and therefore illegal. You can view and change all the data stored with web to bind GmbH at any time. At your request we delete all your data after verification of your identity. Thereby, all access to your stored images will be stopped and all photobooks in this account will be deleted. We continuously screen and check all uploaded images on our pages for illegal content, in order to account for regulations and ethical standards. Images that do not comply with applicable law or our ethical standards (e. g. pornographic or violence glorifying material) will be deleted without prior notification and the user will be reprehended to our terms of use. If a user repeatedly infringes upon our conditions of use we reserve the rights to deny this user access without prior notice, to hand over data for criminal proceedings, and to delete all image files. Because we cannot ostracise children and adolescents from using our services, we will delete relevant images in case of doubt. We reserve the right to modify our safety and data protection measures, should technical develop-ments make this necessary. In such cases, we will adapt our information on data protection accord-ingly. Please therefore regularly consult the current version of our data protection declaration.

If you have any questions, suggestions or complaints regarding the processing of your personal data, please contact our support using the 'Contact Us' tab on our website.

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