1 Scope of application
The following General Terms and Conditions in the version available on the Internet at the time of ordering apply exclusively to business relations between the supplier and the customer. These can be stored and/or printed out by the customer on his computer for the purpose of the online order. The online shop is available in German, the contract language is German.
2 Contractual partner
The supplier and contractual partner of the customer is Tiger House Austria, Im Weingarten 1, 79341 Kenzingen, Germany.
3 Conclusion of contract
By sending digital originals in file form (“image files”), the customer places an order with the provider for the production of pictures and/or articles provided with pictures (“goods”). By clicking on the order button “order subject to payment” the customer submits a binding contract offer. Before submitting the order, the customer can change and inspect the data at any time, recognize possible input errors and correct them before the binding final submission of his order. The supplier will immediately confirm receipt of the order by e-mail to the customer. Confirmation of receipt of the order does not constitute acceptance. The declaration of acceptance by the supplier takes place within 5 days by delivery of the goods or by express confirmation of acceptance.
The delivery of the goods shall be effected at the prices quoted on the supplier’s website in euros at the prices valid on the day the order is placed. The price is composed of the order value, shipping costs and other price components and includes the applicable statutory value added tax. Additional customs duties may apply for shipments to countries outside the European Union. These are not included in the price and have to be paid by the customer.
5 Delivery, shipping
The delivery or collection of the goods shall be carried out in accordance with the provisions laid down in the order software or the website, unless otherwise agreed between the customer and the supplier. The delivery time is agreed individually or indicated by the supplier in the order process.
When placing the order, the customer specifies whether he wishes to pay by invoice or online payment method. In the online payment procedure, the customer authorises the payment either by entering the bank, credit card or access data of a payment service provider. The invoice payment procedure is released separately by the contractual partner.
In the case of payment against invoice, the invoice amount is to be paid by the customer within 7 days after delivery of the goods. In the case of online payment, the customer expressly authorizes the contractual partner to collect the amount due within the framework of the order. If collection of the payment should fail for reasons for which the customer is responsible, the customer shall reimburse the costs of the return debiting and any bank processing fees that may be incurred.
The known direct debit authorisation (ELV) was replaced by the SEPA basic direct debit in February 2014. The customer expressly agrees to the new procedure for online payment and grants the provider or his authorised representative a SEPA direct debit mandate (§127 BGB). The issued mandate is valid for the order (one-time mandate). With the dispatch confirmation, the customer receives a notification in advance of the creditor identification number, the mandate reference, the amount and time of the pending SEPA direct debit (pre-notification). The provider or his agent shortens the lead time for direct debit to 3 days. The due invoice amount shall be collected from the customer’s account by the supplier or his authorised representative, stating the bank details and the mandate reference. The SEPA direct debit may be revoked within 8 weeks of the debit date. The claim remains unaffected by this. For logistical reasons, the provider reserves the right to send the invoice in electronic form. In this case, the invoice will be sent by e-mail and is free of charge.
7 Retention of title
The goods remain the property of the supplier until all goods from the same order have been paid for in full.
8 Right of withdrawal § 8
The right of revocation in the case of distance contracts in accordance with. 312 g Abs. 1 BGB is excluded according to § 312 g Abs. 2 Nr. 1 BGB, because the goods are manufactured according to the specifications of the customer and are tailored to his personal needs.
9 Complaints / Dispute Resolution
For consumer disputes with the provider, the Consumer Dispute Settlement Body “Allgemeine Verbraucherschlichtungsstelle des Zentrum für Schlichtung e. V.” (General Consumer Dispute Settlement Body of the Centre for Arbitration) is responsible.”, responsible. The Dispute Settlement Body is located here: Strassburger Straße 8,77694 Kehl am Rhein, the website can be found at: www.verbraucher-schlichter.de. The provider voluntarily participates in the dispute resolution procedure.
From 15 February 2016, the EU Commission will provide a platform for out-of-court settlement of disputes. This gives consumers the opportunity to resolve disputes relating to their online order without the need for a court of law. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/ You can reach us at firstname.lastname@example.org.
10 Claims for defects
The statutory provisions shall apply to the purchaser’s rights in the event of material defects and defects of title, unless otherwise provided for in the following. Should the goods show a defect, the customer is entitled to choose between subsequent performance in the form of rectification of defects (remedy) or delivery of a new, defect-free item (subsequent delivery). However, the supplier is entitled to refuse the chosen type of supplementary performance if this can only be carried out at disproportionate costs and if the other type of supplementary performance would not result in any significant disadvantages for the customer. If the supplementary performance has failed, the customer may choose to withdraw from the contract or reduce the purchase price
The provider is liable for damages caused by intentional or grossly negligent behaviour of the provider, a representative or vicarious agent in accordance with the statutory provisions. In all other respects, the supplier shall only be liable to the purchaser in accordance with the Product Liability Act, on the basis of an assumed guarantee, on the grounds of injury to life, limb or health or on the grounds of culpable breach of cardinal obligations (essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose fulfilment the contractual partner may regularly rely. In the event of a breach of cardinal obligations, the Purchaser’s claim for damages shall be limited to the foreseeable damage typical of the contract, unless another exceptional case is also present as specified in sentences 1 and 2 of this paragraph.
12 Data protection, data backup
With regard to further regulations concerning data protection and data backup, reference is made to the separate data protection declaration, which can be saved and/or printed out by the customer on his computer for the purpose of the online order. Insofar as it is necessary for the complete processing of the orders, the personal and image data collected at the time of placing the order shall be processed within the framework of an order data agreement in accordance with § 3.1 of the German Data Protection Act. 11 BDSG to vicarious agents of the provider.
13 Copyrights, criminal law
The customer is solely responsible for the content of the transferred image files. He has to ensure that he owns the necessary copyright, trademark or other rights for all image files transferred to the provider as well as for the commissioned use. All consequences arising from any violation of these rights shall be borne solely by the customer. He is obliged to indemnify the provider against all justified claims of third parties, which are asserted because of the violation of their rights due to the processing, duplication and use of the transferred image files according to the given order.
The customer warrants that the contents of the transferred image files do not violate applicable prohibition standards, in particular the regulations for the distribution of child pornography (§§ 184 et seq. of the German Penal Code). Should the provider become aware of any violations of this warranty, the provider will immediately call in the competent prosecution authorities.
14 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the purchaser is habitually resident shall remain unaffected. If the customer does not have a general place of jurisdiction in Germany or if he has moved his domicile abroad after conclusion of the contract or if the domicile is not known at the time of filing an action or if the customer is a merchant and acts in this capacity, the place of jurisdiction for all disputes is the domicile of the provider.
Should individual provisions of this contract with the customer including these General Terms and Conditions of Business be or become invalid in whole or in part, the validity of these General Terms and Conditions of Business shall become invalid.
Translated with www.DeepL.com/Translator