Terms & Conditions

The website www.panthermedia.net is operated by myphotobook GmbH. myphotobook GmbH has drawn up legally unambiguous Terms & Conditions. Please take the time to read following Terms & Conditions carefully.

§ 1 Scope of applicability

The following Terms and Conditions form an integral part of every contract entered into between myphotobook GmbH, Oranienstr. 183, 10999 Berlin, Germany (hereinafter ´´Provider´´) and the user (hereinafter ´´User´´) and the legal successors of both.

§ 2 Formation of the contract

(1) The presentation of its services by the Provider, particularly in brochures, advertisements and on the internet, does not constitute a binding offer on the part of the Provider.

(2) A contract is formed only when an order is confirmed in writing or when the Provider begins to execute the service covered by the contract. The automatic order confirmation e-mail sent to the User does not constitute acceptance of the contract by the Provider.

§ 3 Contracted services

(1) Upon forming the contract, the User commissions the Provider to create a printed product or multiple printed products. For this purpose, the Provider makes a software program (hereinafter ´´Software´´) available free of charge to the User by way of the website fotobuch.panthermedia.net. This enables the User to upload the images to be printed to the server of the Provider, as well as editing them.

(2) 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).

§ 4 Obligations of the User

(1) The Provider processes the data and image products supplied by the User using an automated technical procedure that does not involve manual checks and corrections. By uploading files, the User confirms that he/she has the right to distribute and reproduce the content and materials contained in these files.

(2) The User guarantees that the content and materials contained in the transmitted files does not infringe applicable laws. The User guarantees in particular that:
a) no illegal documents, materials or content, or anything constituting incitement to commit crimes, will be transmitted to the Provider;
b) no youth protection laws or provisions of the criminal code are infringed upon;
c) the documents (particularly image and text files), materials and content transmitted to the Provider do not infringe any copyrights, trademarks or other property rights of third parties, or general personal rights or other rights of third parties.

(3) The User grants to the Provider a right to use the submitted data and image products for the purposes of creating the printed products.

§ 5 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 delete or block the content of the User without prior notification. In the event of the content constituting a criminal offence, the Provider reserves the right to report the matter to the relevant law enforcement authorities.

§ 6 Payment and delivery conditions

(1) The purchase price is due immediately upon formation of the contract.

(2) In order to pay the purchase price, the User may choose among the payment methods indicated during the ordering process. In the case of payment by credit card, the User´s credit card company will be commissioned to collect the sum of the invoice from the User.

(3) All prices are end-user prices and include the statutory sales tax.

§ 7 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.

§ 8 Exclusion of guarantee

No warranty is provided that the printed materials will not fade or that they are water resistant, unless the Provider explicitly issues a written guarantee to this effect (e.g. UV-coated printing or lamination).

§ 9 Period of limitation / Obligation to inspect goods for defects immediately upon receipt

(1) The period of limitation for claims resulting from liability in respect of defects is 24 months, starting from when the purchased item is transferred to the purchaser. Should the User be a commercial party (in terms of § 14 German Civil Code), the period of limitation is 12 months after transferral of the item.

(2) Paragraph 1 does not apply to liability damages resulting from bodily injury or damaged health if such injury was due to an intentional act or negligence on the part of the Provider or if such injury was due to the intentional act or negligence of a legal representative or vicarious agent of the Provider.

(3) Paragraph 1 does not apply to liability for other damages resulting from an intentional act or gross negligence on the part of the Provider or other damages resulting from an intentional act or gross negligence on the part of a legal representative or vicarious agent of the Provider.

(4) Persons acting in a commercial capacity are subject to the legal provisions and obligation to inspect goods for defects immediately upon receipt as provided for in the German Commercial Code.

§ 10 Limitation of liability / Indemnification

(1) The Provider is only liable for damages, other than those involving injury to life, limb or health, if such damage results from an intentional act or gross negligence or from the culpable infringement of a material contractual obligation by the Provider, its staff or other vicarious agents. This also applies to damages that result from negligence in respect of contractual negotiations and the commission of tortious acts. Any further liability for damages is excluded.

(2) Other than in the case of an intentional or grossly negligent act being committed, in the event of the infringement of a material contractual obligation or injury to life, limb or health by the Provider, its staff or other vicarious agents, liability is limited to damages typically foreseen at the time of the formation of the contract and is, moreover, limited to the amount of the average damages awarded in disputes deriving from similar contracts. This also applies to indirect damages, particularly loss of earnings.

(3) § 9 of these Terms and Conditions remains unaffected, as do the provisions of the Product Liability Act (Produkthaftungsgesetz).

§ 11 Data security; Access control

(1) The Provider guarantees a high standard of data security conformant to the current state of technology. The User bears sole responsibility for the data security of data and information that the User has saved; the Provider does not save (back up) any data or information.

(2) The images supplied by the User to the Provider will be made solely available to the persons or groups of persons so authorised by the User.

§ 12 Destruction of the supplied material

All images and documents, particularly all digitally saved media that the User has supplied to the Provider to enable the contractual service to be carried out by the Provider, will not be returned by the Provider, but will be destroyed after the contractual services have been completed. If the User explicitly so desires, the Provider will send return the submitted documents to the User. Any shipping costs associated herewith will be borne by the User.

§ 13 Customer information

a. Information about the Provider

myphotobook GmbH
Managing directors: Kaspar von Mellenthin, Felix Zipse
Oranienstraße 183
10999 Berlin
Germany

E-mail: support@fotobuch.panthermedia.net

Registered in the Commercial Register at the Charlottenburg Local Court
Commercial Register code: HRB 94377, Berlin
Sales tax (VAT) identification number: DE814126751

b. Information regarding the right of withdrawal and notification

As a consumer (in accordance with § 13 German Civil Code), you may withdraw in writing (e.g. letter, fax, e-mail) from your acceptance of the contract within a period of two weeks without having to provide reasons. If you have already taken possession of the item before the end of this period, withdrawal from the contract is enacted by returning the item. The period within which this right can be enforced begins once this notification has been received in writing, however not before the formation of the contract and not before the recipient has received the item (in the case of recurring delivery of similar items, not before receipt of the first partial delivery) and also not before our obligations to inform have been fulfilled pursuant to § 312c, Para. 2 German Civil Code in connection with § 1, Paras. 1, 2 and 4 of the Ordinance concerning information and documentation obligations under civil law to the Civil Code (BGB-InfoV) as well as fulfilment of our obligations pursuant to § 312e, Para. 1, Clause 1, Civil Code in connection with § 3 BGB-InfoV. Sending the notice of withdrawal or the item to be returned by the end of the period is deemed sufficient to meet the deadline. The notice of withdrawal is to be sent to:

myphotobook GmbH
Oranienstraße 183
10999 Berlin
Germany

Fax: +49 (0)30 52 00 47 441
E-mail: support@fotobuch.panthermedia.net

This right of withdrawal is not valid for contracts covering the delivery of goods that we have produced based on your specifications, goods that were clearly produced to meet your personal needs or goods that are not suitable to be sent back on account of their nature.

Consequences of withdrawal

In the case of withdrawal being effected, any products and payments rendered by either of the parties are to be returned and, if applicable, any benefits derived (e.g. interest payments) are also to be returned. Should you not be able to return to us the received products or payments in whole or in part, or only in a worsened condition, you must compensate the value equating to the deterioration, if applicable. This does not apply in the case of transferral of items if the worsened state of the item is solely due to inspection such as would be possible in a physical store. One can avoid this obligation to provide compensation equating to the deterioration in the state of the item by ensuring proper use, by not handling the item as your own property and by refraining from any acts that reduce its value. Items that can be shipped as packages are sent back at our risk. You must bear the costs of return shipping if the delivered item corresponds to the one ordered and if the price of the item to be shipped back is not more than 40 euros. If the cost is higher than 40 euros, you must also pay the return shipping costs if at the time of the withdrawal you had not provided a service in return or paid a contractually-agreed part of the full sum. In all other cases, the return shipping does not need to be paid by you. Items that cannot be shipped in packages will be collected from your location. Obligations to return payments must be fulfilled within 30 days. This period begins for you when you send your notice of withdrawal or the item to be returned, and it begins for us when we receive either of these.

Important information

Your right of withdrawal expires early if, concerning the provision of goods or services, the other contractual party has already begun performing the contractual services before the end of the withdrawal period with your explicit approval or if you yourself have prompted this.

c. Warranty and guarantee information

No warranties covering the supplied goods or services will be provided beyond the statutory warranty provisions unless such is granted explicitly in writing. See §§ 8 and 9 for further warranty details.

§ 14 Applicable law / Final provisions

(1) 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.

(2) If the User is a commercial party, a legal person under public law or a special fund under public law, 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 where the Provider is domiciled.

April, 2008