Terms & Conditions
The website https://www.myphotobook.ie/ and pages belonging thereto (hereinafter "myphotobook") are operated by myphotobook GmbH (hereinafter "Provider").
§ 1 Formation of the contract
- The presentation of its goods and services by the Provider, particularly in brochures, advertisements and on the internet, does not constitute a binding offer on the part of the Provider.
- The User's order represents an offer to form a contract. Upon ordering, the User will receive a confirmation of receipt, which does not constitute acceptance of the contract by the Provider. The Provider accepts the order with a separate order confirmation email, which forms the contract. If the User does not receive a order confirmation, the order can also be accepted through the delivery of the product.
- To make an order, the User must create a customer account. To do so, it is necessary to provide a valid e-mail address and a password. The User is obligated to keep this password secret.
§ 2 Contracted services
- For the production of the desire photo product, the Provider makes a software program (hereinafter ´´Software´´) available free of charge to the User by way of the website www.myphotobook.co.uk. This enables the User to edit the images for the photo product and upload them to the server of the Provider.
- The Provider grants a single, non-transferable right to the User to use the software for personal purposes. The license details are governed by the End-User License Agreement (EULA), to the conditions of which the User must agree.
§ 3 Obligations of the User & Indemnification
- The Provider processes the data, in particular the fotos, (hereinafter "Materials") uploaded by the User using an automated technical procedure that does not involve manual checks and corrections, except in case of an agreement to the contrary between the Provider and the User. The user is responsible for the quality and contents of the material. Defects stemming from the materials, such as out of focus or low resolution images, do not constitute a flaw in the photo product delivered by the Provider. A preview is available to the user on myphotobook to review.
- The User must make certain that he/she has the right to use and in particular to reproduce the materials to be included in the photo product. The User guarantees that the materials do not infringe applicable laws. The User guarantees in particular that the materials and their use for the photo product do not infringe any copyrights, trademarks or other property rights, general personal rights or other rights of third parties. The User indemnifies the Provider to this extent against third party claims, including the costs of an appropriate legal defense.
- The User grants to the Provider a single right to use the submitted data for the purposes of creating the photo products. This includes the right to reproduce and edit them, or to have them reproduced and edited by a contractor, where required, as well as to save them on the User's account, if so prompted by the User.
§ 4 Inspection, blocking and deletion of content
- The Provider is entitled to inspect the content provided by the User to establish its legality. Should the Provider determine that the content infringes any applicable laws, the Provider is entitled to block the content of the User. Should the content constitute a criminal offense, the Provider reserves the right to report the matter to the relevant law enforcement authorities.
§ 5 Payment and delivery conditions
- The purchase price is due immediately upon formation of the contract.
- The payment of the purchase price occurs according to one of the payment methods indicated during the ordering process. In the case of payment by credit card,a contract is formed between the end-user and Elanders Infologistics AB. Elanders Infologistics is part of the consortium to which myphotobook belongs.
- All prices are end-user prices and include statutory sales tax.
- Delivery can be made only in countries given on myphotobook.
§ 6 Reservation of title
- Until all relevant claims are fulfilled, including the Provider’s claim to payment of the outstanding account balance and payment of other costs and charges which are now or which will become due to the Provider for any legal reason whatsoever, the Provider reserves title in respect of the supplied goods.
§ 7 Right of withdrawal provision
- The right of withdrawal provision with distance contracts, in accordance with § 312 g Abs. 1 BGB, is excluded according to § 312 g Abs. 2 Nr. 1 BGB in that the wares that we create for you are individually and singularly produced according to the preferences of the ordering customer and are tailored to personal wants.
§ 8 Claims for defects
- For the rights in case of defects in materials or defects in title, the following provisions apply insofar as not otherwise determined below. Should the product display a defect, the customer is entitled to supplementary performance in the form of corrective measures (rectification) or to the delivery of a new, defect-free product (replacement). The supplier is nevertheless entitled to refuse the chosen form of supplementary performance, only if this would have to be carried out with disproportionate costs and effort and when the other form of supplementary performance would bring no substantial disadvantages for the customer. In the case of a failed supplementary performance, the customer can, according to their choice, withdraw from the contract or reduce the purchase price with a statement to the producer.
§ 9 Limitation of liability / Indemnification
- The Provider accepts unlimited liability for deliberate or seriously negligent behaviour.
- For simple negligence, the Provider is liable only insofar as essential contractual obligations are breached. Essential contractual obligations are such obligations to the User as the contract by its intent and purpose must fufill or whose fulfillment is essential to the proper implementation of the contract and on whose fulfillment the User may ordinarily rely. Such a liability is moreover restricted to the damages foreseeable at the formation of the contract and typical of such a contract.
- The exclusions and limitations of liability according to the previous paragraphs (1) and (2) shall not apply for liability without fault on behalf of the Provider as required by law or liability arising from a contractually assumed guarantee or injury to life, limb or health.
- Insofar as the liability of the Provider is excluded or limited, this applies for the personal liability of the Provider's legal representatives and agents. The limitations of liability apply furthermore to all kinds of claims, including tort.
§ 10 Data security
- The Provider provides a standard of data security conformant to the current state of technology. The Provider recommends the User back up any data or information uploaded onto his/her customer account on the User's own machine or other storage device.
§ 11 Customer information
- Information about the Provider can be found here.
- Information regarding the right of withdrawal
- The products of the Provider are all created according to customer specifications, in particular with the materials provided by the user. Therefore there no right to withdrawal applies to them (§ 312d Par. 4 Nr. 1 BGB).
§ 12 Final provisions
- The law of the Federal Republic of Germany is applicable, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Any compelling provisions of the country in which the User usually resides remain unaffected.
- If the User is a commercial party or does not have a general legal venue within Germany or, after the formation of the contract, moves his/her place of residence to a location outside of Germany or if his/her place of residence is not known at the time that a claim is filed, the place of performance and the legal venue for any and all disputes arising from the contract is the place in which the Provider is domiciled.
- The text of the contract is saved by the Provider, the order data are sent to the User by e-mail. The Terms and Conditions are accessible at myphotobook. A list of completed orders can be viewed by the User through his/her account. A contract can only be formed in English.