General Terms and Conditions of myphotobook GmbH

(as of July 12th 2025)

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to all business relationships between us, myphotobook GmbH (‘myphotobook’), and you, our customer (the ‘Customer’).

(2) Our GTC apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Customer without reservation in the knowledge of the Customer's GTC.

§ 2 Conclusion of contract and customer account

(1) Our offers are intended exclusively for private use. Commercial use is not permitted.

(2) Unless otherwise stated, customers can order all goods from our web shop at https://www.myphotobook.ie/ (the ‘Website’). All offers of goods listed in our web shop are subject to change and do not constitute an offer in the legal sense. Once you have placed the goods you have selected in the shopping basket, ticked the boxes ‘I have understood and accepted the terms and conditions’ and ‘I accept the privacy policy’ and sent the order to us by clicking the button ‘Buy now -> for payment’, you are submitting a legally binding offer to conclude a contract for work and materials for the manufacture and delivery of the goods you have selected. You can remove or add goods from the shopping basket at any time before sending the order.

(3) After receipt of the order, you will receive an automatically generated overview of your order from us. This is a non-binding order confirmation. It informs you that your order has been received and which goods you have ordered. A legally binding contract is only concluded between you and us upon our acceptance. Acceptance takes place either through our express order confirmation or the subsequent delivery of the products to you.

(4) To place an order, you must set up a customer account. In particular, you must enter your name, your e-mail address and a password. The use of pseudonyms is not permitted. You are solely responsible for ensuring that your data is correct and up-to-date.

(5) If you violate our GTC or use or intend to use our services unlawfully, we are authorised to terminate the order, delete your customer account and/or prevent access to your customer account. If an administrative offence or criminal offence is suspected, we will inform the relevant law enforcement authorities.

(6) We do not owe any data backup. In the event of data loss, the customer must therefore save copies of the relevant files on their own systems.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are non-binding unless we have expressly confirmed the binding nature in text form. Delivery times are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account).

(2) If the product specified by you in the order is only temporarily unavailable, we will inform you of this by e-mail. If the product is permanently unavailable, we will also inform you of this by e-mail and refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.

§ 4 Retention of title

The delivered goods remain our property until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices are understood to be end customer prices including statutory VAT.

(2) We regularly offer our customers discount codes and special promotions. Special terms and conditions apply to these. Discount codes and special promotions can only be used during their respective term. Offsetting after submission of your offer in accordance with § 2 para. 2 of these GTC is not possible.

(3) The relevant shipping costs are shown on the order form and are to be borne by you. Any customs duties shall be borne by you. In the event of cancellation, you shall bear the direct costs of the return shipment.

(4) The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Spain, Sweden, Switzerland, United Kingdom. Shipping to islands without a direct road connection to the mainland and to overseas territories is not possible.

(5) The goods are dispatched by post. The shipping risk is borne by myphotobook if the customer is a consumer.

§ 6 Payment modalities and default

(1) The purchase price is due for payment after conclusion of the contract. Payment of the purchase price shall be made at your discretion using one of the payment methods displayed during the ordering process.

(2) If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us default interest in the amount of 5 percentage points above the base interest rate per annum.

(3) Your obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

§ 7 Destruction of materials

(1) If you provide us with physical documents or storage media for the fulfilment of the order, we will destroy these after the order has been fulfilled. At your express request, we will return the documents to you at your expense.

(2) Notwithstanding the provisions in § 8, we shall store photo projects created by you and the image files uploaded for them for the duration of the project processing. The storage period for projects varies and depends on the software used to create them. You can view the individual storage periods here: https://www.myphotobook.ie/photo-book-software/storage-time-projects. Once the storage period has expired, the projects are automatically and irrevocably deleted from our system.

§ 8 Hosting (storage) / online albums

(1) The website www.myphotobook.ie offers registered members the opportunity to upload images to the www.myphotobook.ie servers and store them there. We reserve the right to make changes to images in order to improve the storage of this data. This includes the following:

- Compression of images

- Reduction in size

- Format conversion

We endeavour to maintain photos that are of sufficient quality for the creation of personalised products. However, individual files may be lost or altered. Therefore, please ensure that you store your photos permanently in a different location.

(2) Hosting is a free service and we reserve the right to discontinue or change this service. We do not offer unlimited storage space. By using the hosting service, the customer may not jeopardise the security

§ 9 Warranty, guarantee

(1) Data uploaded by you, in particular photos (hereinafter collectively referred to as ‘Materials’), will be processed automatically without prior checking or correction by us, unless otherwise agreed between you and us. You are responsible for the quality and content of the Materials. Any display disadvantages caused by the Materials, such as blurred or low-resolution images, do not constitute a defect in the photo product supplied by us. A preview is available on our website for you to check the quality. Cutting tolerances of up to 3 millimetres do not constitute a defect. There is no guarantee for the sunlight, water or moisture resistance of the photo products, unless we have expressly given a guarantee in this respect in text form. We may use paper from different manufacturers within the printing lines. Any resulting slight differences to the paper quality in previous orders do not constitute a defect. Minor colour deviations from the original, caused by process-related printing fluctuations and colour space conversions, can occur with photo products in all printing processes and do not constitute a defect. (2) By concluding the order, you grant us a simple right of use to the materials provided for the production of the photo products. This includes the right to reproduce and edit them or to have them reproduced and edited by a service provider, insofar as this is necessary for the creation of the photo products. This also includes the right to save the materials within the user account, provided you arrange this in accordance with § 8.

(3) Notwithstanding the provision in § 9 (1), we shall be liable for material defects in accordance with the applicable statutory provisions, in particular pursuant to §§ 434 et seq. BGB. The warranty period for goods supplied by us to entrepreneurs is twelve months.

(4) An additional warranty or guarantee only exists if this has been expressly stated in text form in the order confirmation for the respective item.

§ 10 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages of the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by myphotobook, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose fulfilment the customer regularly relies and may rely.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The limitations of § 10 (1) and (2) also apply in favour of the legal representatives and vicarious agents of myphotobook if claims are asserted directly against them.

(4) The limitations of liability resulting from § 10 (1) and (2) shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have reached an agreement with the customer regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 11 Dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure. Nevertheless, we endeavour to find an amicable solution to any differences of opinion with our customers. If you are therefore not satisfied with one of our offers, you are welcome to contact us at support@myphotobook.ie.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence shall remain unaffected.

(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any.

Cancellation policy of myphotobook GmbH

The integration of individual image files of the customer results in images and/or individualised goods with images. Since the individualised photo products are specially produced according to the customer's specifications and are tailored to his personal needs, the right of withdrawal for distance selling contracts is excluded in accordance with § 312g para. 2 no. 1 BGB.

Notwithstanding this, the customer also has the option of ordering non-individualised photo products in the form of extras. These are products that are thematically related to photo products. This cancellation policy therefore only applies to non-individualised photo products. In this case, consumers have a fourteen-day right of cancellation.

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform myphotobook GmbH, Viktor-Frankl-Straße 22, 86916 Kaufering, E-Mail: support@myphotobook.ie of your decision to cancel this contract by a clear statement (e.g. by e-mail or a letter sent by post). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the return notification. For this repayment, we will use the same means of payment that you used for the original transaction. For system-related reasons, no other means of repayment is possible for this process; under no circumstances will you be charged any fees for this repayment.

You must return or hand over the goods to us (myphotobook GmbH, Bahnhofstraße 52, 86663 Asbach-Bäumenheim) immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

If the goods have lost value, you only have to pay for this if it is due to handling that is not necessary for checking the quality, properties and functionality of the goods.

The right of cancellation does not apply if:

- The contract is for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer.

- The contract is for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.

- The contract for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it to us. )

myphotobook GmbH

Bahnhofstraße 52

86663 Asbach-Bäumenheim

Germany

E-mail address: support@myphotobook.ie

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

Please send the return to the following address:

myphotobook GmbH

Bahnhofstraße 52

86663 Asbach-Bäumenheim

Germany

Accessibility

You can find information on the accessibility of our website and the complete declaration on this under the following link: https://www.myphotobook.ie/accessibility. In this way, we would like to make access as barrier-free as possible for everyone.