Conditions of Use

General sales conditions

Written on: Mai 2010

PHOTOALBUM DISCOUNT
Owner: Henry Noack
Fischhausstrasse 15
01099 Dresden / Germany
Telephone: +49 35 1 - 56 34 90 65
Fax: +49 35 1 - 56 34 90 66
E-mail: info@photoalbum-discount.com
Tax number: 213/253/08882
VAT-ID: DE-248239964



Photoalbum Discount offers it’s customers the assortment , to buy a.o. through the online shop www.photoalbum-discount.com. For the commercial relationship with our customers the following conditions are uniquely valid:
General sales conditions (GSC)

1. Offer, acceptance and agreement
The presentation of products in the online shop is not a judicially binding offer, but a free online catalogue. By pushing the button “Confirm order” the customer results in a binding order of the articles, collected in the basket. The confirmation of the receipt of your order follows immediately, together with the acceptance by sending an automatic e-mail. With this e-mail the buying agreement has been legalized.

2. Storage of the agreement
We store the text of the agreement and send you the data, including our GSC per e-mail. The GSC can be viewed any time at: http://www.photoalbum-discount.com/Conditions-of-Use:_:3.html. Your previous orders can be checked in our customers Login.

3. Delivery and shipment terms
3.1 The delivery will take place to the customer’s order- or delivery address, as indicated on the order.
3.2 The customer bears full responsibility of writing the complete address. If the delivery is delayed as a result of an incomplete or wrong address or missing persons at the delivery, the additional costs or re-shipping are responsibilities of  the customer.
3.3 The despatch of the ordered goods follows within 3 working days, so far as they are in stock, after receipt of payment.
3.4.1 For enterprises goes the risk of unforeseen destruction and the unforeseen deterioration of the sold goods over with a handover to itself or to a legalized person, at a shipment with the delivery of the goods to a proper transport person.
3.4.2 As far as consumers are concerned, the risk of unforeseen destruction or unforeseen deterioration will go over to the consumer upon handing over the goods.
3.4.3 For the delivery it is equal when the customer has missed to receive the goods.
3.5 The delivery follows both in Germany, as well as in the following EU countries: Austria, Belgium, Luxembourg, Netherlands, Denmark, Czech Republic, France, United Kingdom, Ireland, Switzerland, Bulgaria, Estonia, Finland, Greece, Latvia, Lithuania, Malta, Poland, Portugal, Rumania, Sweden, Slovakia, Slovenia, Spain, Hungary, Cyprus.

4. Right of withdrawal and consequences
Consumers are entitled - on basis of the rights on international transactions - to make use of the right of withdrawal in conformity with the following advice:
- withdrawal advice –
Right of withdrawal
You can recall your agreement within one month, without indication of the reason in a written text (f.e. letter, e-mail) or by returning the goods. The term begins on the day after receipt of this written advice, the goods and the completion of all necessary information in E-commerce and sales on distance, especially not for completion of our information duty in conformity with § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-Info V as well as our duties in conformity to § 3 BGB-Info V. As a confirmation of this term of withdrawal the timely despatch of the recall or goods will be sufficient. The recall has to be addressed to:

PHOTOALBUM DISCOUNT
Fischhausstraße 15
01099 Dresden
Telefon: + 49 (0) 351 - 56 34 90 65
Fax: +49 (0) 35 1 - 56 34 90 66
E-mail: info@photoalbum-discount.com

In case of an effective cancelling the mutually received proceeds are to be returned and the possible proceeds ( like interest) must be rendered. If you may not be able to return the complete goods or only in a deteriorated state, we have to charge you with the costs of replacement. For the return of goods this is not valid, if the deterioration could have been noticed during a check – like would have happened in a shop. For deterioration showing after use within the limits of normal use, you will not be responsible.
You will have to accept the costs of return, when the delivered goods are in conformity with the order, or when you - at the moment of recall - have not yet paid your debt or an agreed partial payment. Obligations to remit your payments must be accomplished within 30 days after shipment. This term starts for you with the despatch of the recall or the goods, for us with their receipt.
The right of withdrawal does - § 312 d Abs. 4 BGB - not cover deliveries that have been manufactured upon consumer’s specifications, or have been arranged for personal requirement, or due to their character are not appropriate to be returned, or which quickly deteriorate, or where the maturity date has been exceeded. The right of withdrawal does not apply either to delivery of Audio- and Video recordings or software, as far as you have unsealed the goods. The withdrawal right also does not cover the delivery of newspapers, magazines and illustrated publications.
The end.

5. Prices, shipping costs and payment terms
5.1 The prices announced in offers are the end prices for deliveries in Germany – i.e. they contain various price elements VAT included. In exceptional cases where boarders are crossed taxes (f.e. inside the EU) or duties (import duties) have to be paid by the customer.
5.2 The sales prices are based upon the prices excluding packing and shipment costs. For a delivery inside Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Czech Republic, France, United Kingdom, Ireland, Switzerland, Bulgaria, Estonia, Finland, Greece, Latvia, Lithuania, Malta, Poland, Portugal, Rumania, Sweden, Slovakia, Slovenia, Spain, Hungary, Cyprus we charge an additional amount of GBP 6.95 , disregarding number and weight of the articles.
5.3 The customer has the right off compensation if his claims are undisputed and legally agreed. A retention right is only valid when his claim is based upon the same contract.
5.4 Payment at delivery inside Germany is acceptable by
a) advance payment. The customer has to pay the invoiced amount upon agreement per bank remittance.
b) Bank account (after sending the order)
c) PayPal payment at info@photoalbum-discount.com
d) cash on delivery, to be paid on delivery
e) open account – you pay the invoice amount within 2 weeks after invoice date.
For advance payments you will receive an e-mail from us with the exact invoice data. For this reason please include your e-mail address and/or telephone number on the order form, enabling us to contact you. When remitting, give your name and invoice number, so that we can include the remittance date in the order.
For deliveries abroad payments are accepted using:
a) advance payment. The customer must remit his invoice amount immediately after sending the order through his bank account.
b) PayPal payments to info@photoalbum-discount.com
Until payment has been completed, the delivered goods remain our property (Property clause after § 449 BGB). In case of delayed payment we have to charge advise- and administration charges.

6. Property reservation
Photoalbum Discount remains proprietor of the sold goods until full payment of the buying prices.

7. Transport damage
The customer will immediately check the delivered goods on transport damage. If there is visible external transport damage and the goods are still accepted, the customer is obliged to make notice of the damage on the transport documents and have the transporter sign the remarks. The packing material must be stored.

8. Terms of guarantee
The guarantee for material and legal rights follows the legal regulations. Possible questions and claims are to be directed to:

PHOTOALBUM DISCOUNT
f.a.o. Henry Noack
Fischhausstrasse 15
01099 Dresden / Germany
E-mail: info@photoalbum-discount.com

9. Responsability
9.1 Following the legal regulations PHOTOALBUM DISCOUNT is unlimitedly responsible for damage tor life, body and health which are based on a premeditated or neglectful dereliction of duty, as well as malice. Additionally PHOTOALBUM DISCOUNT is unlimitedly responsible for damages, originating from the responsibility after legal regulations, like the product responsibility law, and include the take-over of guarantees.
9.2 For such damages – not covered by excelling marketing, caused by light negligence, PHOTOALBUM DISCOUNT will be responsible as far as this negligence concerns the dereliction of duty, of which the correct finalization of the contract will be executed anyway, and on which compliance the customer may trust regularly (so-called Cardinal duty). Then PHOTOALBUM DISCOUNT ´s responsibility is limited on typical predictable damage.
9.3 In case of neglective dereliction of duty, which fall under the paragraph 1 or 2 (so-called irrelevant duty) PHOTOALBUM DISCOUNT has a limited responsibility towards users in the way of typical predictable damage. A further responsibility is unacceptable.

10. Final regulations
10.1 The law of the Bundesrepublik Germany is valid, excluding the UN commercial rules.
10.2 For consumers who do not enter into the contract for professional or commercial purposes, mentioned in the preceding paragraph this right is withdrawn and applies only to the extent that the protection provided by mandatory provisions of the laws of the State in which the consumer has his habitual residence.

10.3 If the consumer is a merchant or juridical person , exclusive jurisdiction for all arguments out of this contract is located at PHOTOALBUM DISCOUNT s domicile. The same is valid if the customer is an entrepreneur and has no domicile in Germany or if the domicile at the moment of the claim is unknown. The competence of PHOTOALBUM DISCOUNT to call in the help of another court does not make any difference.

11. Data protection
We make use of the data you submitted to us for the finalization of the order. A further transmission of your data follows to the company, in charge with the delivery of the goods, as far as necessary for the delivery of the goods (name, address, telephone number and advice of delivery) . When you subscribe for our newsletter your name and e-mail address will be used for our own promotion – with your permission – until you stop the newsletter membership. For the finalization of your payments we shall transmit your data to our own bank. A further transmission to third persons or use for promotional activities is excluded. After complete finalization of your order and full remittance your data will be locked up, and after the end of the tax – and commercial regulations they will be disposed. Your personal data are transmitted – coded through SSL – across the internet. We protect our website and attached systems with technical and organisational measures against loss, destruction, access, alteration and distribution of your data by illegal persons. In spite of regular checks a full protection against all dangers is not possible. You are entitled to costless information about your stored data, as well as the right to rectification, locking or dispose of these data. For the answers to your questions about the survey and use of your personal data, for information, locking or dispose of your data please contact: Henry Noack, PHOTOALBUM DISCOUNT, Fischhausstrasse 15, 01099 Dresden / Germany.

Data safety
Your personal data will be coded through SSL, and transmitted via internet. We protect our website and attached systems with technical and organisational measures against loss, destruction, access, alteration and distribution of your data by illegal persons. The access to your personal account is only possible after entering a personal password. You should always handle your entry procedure with care, and shut the browser window after ending the communication with us, especially when you use the computer collectively with other persons. Upon request we dispose of your customer account.

Cookies
On several pages we use cookies, aiming on the attractivity of our website and to start the user of several functions. It concerns small text data which are entered into your computer. Most cookies used by us are disposed from the hard-disk after the end of the session (so-called session cookies). Other cookies remain in your computer, enabling us to recognize your computer on your next visit (so-called long-term cookies). We have not allowed our partner company to make use of personal data via cookies.

In order to give you access to our online shop, a session cookie will be operational upon your call. Just a small text, automatically being disposed from your computer after the communication. This cookie only serves special applications, for example our basket system.

This website uses Google Analytics, a Google web analysis service. Google Analytics makes use of so-called cookies, text data stored in your computer and enabling the analysis of the use of our website. The information generated by the cookie about your use of our website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will make use of this information to evaluate your use, to report about our website activities and to complete other related services. Aside of this Google will transmit this information in certain cases to third parties, in so far as that has been directed by law and in so far as these third parties process these data for Google. Google will never connect your IP address with other data , stored by Google. You can prevent the installation of cookies by re-setting your browser software. However we wish to emphasize that you will not be able to make full use of all facilities of this website. By using this website you state to agree with processing your data by Google, following the rules and for the purpose mentioned above.

12. Copyright
All displayed logos, pictures and graphics are property of the respective firms and they are subject to the copyright of their licensor. Similar photos, logos, texts, messages, scripts and program routines, developments made for us or prepared by us, can not be copied or published or used elsewhere without our written consent. All rights reserved!

13. Order process
When you have found the right product, you can drop it into your basket, by pushing the button “Into the cart”. The contents of your basket can be checked continuously by pushing the button “Shopping Cart” without any obligation. You have the possibility to remove articles from your basket by pushing the button “Update”. If you decide to buy the products in the basket, push the button “Check out”. Then please submit your data. The compulsory data are marked with an asterix (*). A registration is not necessary, you have the choice however to set up a customer account with it’s own login. Your date will be transmitted in code. After entrance of your data and choice of the payment terms you will be directed to the order form by pushing the button “Continue”, on which you can double-check your details. By pushing the button “Confirm Order” you close the order preparation. This process can always be interrupted by closing the browser window. On the additional pages you receive further information, f.e. about possibilities to make corrections. We store the text of the agreement and send you the order details by e-mail.

14. Links on our pages
With the verdict from 12 May 1998 – 312 O 85/98 – “Haftung für links” the Landgericht Hamburg issued a verdict that the institution and or person bears responsible for the linked pages. This can – states the LG – only be prevented by an explicit disassociation from the content (s):
 We explicitly disassociate ourselves from all contents of externally linked pages to our internet site. This statement is valid for all links, included on our internet sites.