AGB

General terms and conditions with customer information

1. scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company PixPress LTD, Managing Director: Jan Simmerling, Q-apital Tower, Office 202-240, Rafael Santi No. 5, 6052 Larnaca - CY
(hereinafter referred to as "Seller"), shall apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 

2. conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, e-mail or post.

A binding purchase contract is only concluded after the seller sends an invoice in PDF format to the buyer.

2.3 In the case of items that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive, the customer must configure the goods according to his individual needs before initiating the electronic ordering process using software provided by the seller.
2.4 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this.
2.6 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. right of withdrawal & cancellation

Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy.

Cancellation of the order is only possible if the production of the order has not yet started. A cancellation fee of 10%, but at least EUR 10.00 net, may be charged if the order has not yet reached production status.

4. prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 If payment in advance by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.

5. delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 In the case of goods delivered by a forwarding agent, delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
5.4 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.6 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.7 For deliveries of goods to Switzerland
- the order value is limited to 800.00 EUR (excluding VAT) per order;
- the order of goods exceeding the maximum girth of XXX for delivery or delivered on pallets is excluded.
5.8 Vouchers are given to the customer by e-mail or by download.

6. special conditions for the processing of goods according to certain specifications of the customer.

6.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and grant the Seller the necessary rights of use for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.
6.2 If the Customer commissions the Seller to permanently store the content provided by the Customer for any subsequent orders, with the purpose that the creation of the preliminary stage or a renewed processing of the content by the Customer can be dispensed with in the case of any subsequent orders, the above clause shall apply in this respect with the proviso that the Customer additionally grants the Seller a right of use to the content provided that is unlimited in time and revocable at any time.
6.3 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
6.4 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
6.5 The Seller shall in principle only owe the processing of the goods on the basis of the content provided by the Customer for this purpose. Unless otherwise agreed, these shall not be checked by the Seller for correctness, completeness and quality or corrected by the Seller.
6.6 Insofar as the Seller is entitled to its own copyright or an exclusive right of use on the basis of the processing of the goods, the Seller shall grant the Customer the non-exclusive, temporally and spatially unrestricted right to use the work provided for its own private or professional purposes. However, the customer is not entitled to commercially exploit the work beyond his ownership of the goods, in particular to reproduce or distribute it for commercial purposes.
6.7 The Seller is entitled to use the Work created by him at any time for demonstration purposes or as a reference for his work. For this purpose, he may, among other things, make copies of the Work or parts thereof, publicly display, exhibit, perform, broadcast or otherwise exploit the content. However, he must always take into account the rights of the customer. This applies in particular to the personal rights of the customer, insofar as these oppose the use of the vendor for the aforementioned purposes, taking into account the legitimate interests of the customer.
6.8 In the case of works created by him, the Vendor may attach his name or another suitable proof of origin to the respective work in the form of a note. He may attach this "copyright notice" himself and the Customer is not entitled to remove it without the Seller's consent.

7. special conditions for "data check" and "premium data check

If a "Data Check" or a "Premium Data Check" is agreed, the Seller shall additionally owe the checking of the content provided by the Customer for the purpose of processing the goods with regard to compliance with certain criteria. The exact scope of services can be found in the respective service description on the Seller's website. The Customer shall receive a message from the Seller by e-mail regarding the result of the inspection. Unless otherwise stated in the service description, the Seller is only obliged to notify the Customer, but not to correct any errors that may have been detected.

8. retention of title

8.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
8.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
8.3 If the Customer is acting as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

9. liability for defects

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply:
9.1. If the customer acts as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- in the case of used goods, the rights and claims due to defects shall be excluded as a matter of principle;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

9.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation.

9.3 The limitations of liability and shortening of time limits set forth in the foregoing clauses shall not apply
- to items that have been used in accordance with their customary use for a building and have caused its defectiveness,
- to claims for damages and reimbursement of expenses of the Customer, and
- in the event that the Seller has fraudulently concealed the defect.

9.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB shall remain unaffected.

9.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

9.6 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

10. liability

The Seller shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
10.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
10.3 Any further liability of the Seller shall be excluded.
The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

11. redemption of promotional vouchers

11.1 Vouchers which are issued by the Seller free of charge as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.
11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotion Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

12. redemption of gift vouchers

12.1 Gift certificates that can be purchased via the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store.
12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining balances will be credited to the customer's gift certificate account until the expiration date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Only one gift voucher can be redeemed per order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
12.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
12.7 The balance of the Gift Voucher shall not be paid out in cash and shall not bear interest.
12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

13 Applicable law

All legal relations between the parties shall be governed by the laws of the Republic of Cyprus, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14. place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

15. code of conduct

The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

16. alternative dispute resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

Cancellation fees: not applicable if no services have been rendered yet
Change of invoice: 10,00 € net (if the billing month has not been finished yet)
Chargebacks (double payment, etc.): 10,00 € net.