General Terms and Conditions
§1 General Scope of Application
1. The business relationship between the buyer and Thomas Reinöhl E-Services GmbH (hereinafter also referred to as the seller) is exclusively governed by the general terms and conditions stated here.
2. The general terms and conditions apply to all orders placed within the European Union.
§2 Contracting Party
The contracting party is Thomas Reinöhl E-Services GmbH with registered office at Obkirchergasse 34, 1190 Vienna.
§3 Contract
Upon completion, a contract for digital photo editing and, if applicable, printing of these photos is concluded. By completing the corresponding payment process, the buyer agrees to the Terms and Conditions. Completing the payment process constitutes an offer by the buyer to the seller. Any subsequent email confirms this offer, although this can also be done by delivery of the corresponding goods.
The respective ordered photos are checked by Thomas Reinöhl E-Services GmbH for conformity with the respective legal requirements. If this review is positive, the photos will be sent to the buyer as quickly as possible either only by email or by email and mail. In the event that the review is negative, the customer will be notified by email and asked to take or upload a new photo free of charge in accordance with the corresponding regulations.
§4 Right of Withdrawal
1. The seller can withdraw from the contract at any time. Any property claims must then be reversed.
2. The buyer can only withdraw from the contract in the event of poor performance by the seller. Before withdrawal, the buyer must grant the seller the right to improvement. Poor performance only exists if a photo digitally edited by the seller is rejected by an authority or other state institution (e.g. embassies, offices, etc.). In special cases, poor performance may also exist if the photo is rejected by a private institution. In the event of poor performance, the seller must be given the opportunity to improve.
3. Poor performance can only exist if the seller has confirmed conformity after checking the respective photo and thus guarantees that the photos meet all legal requirements. The seller checks every photo for conformity with the legal conditions required or necessary by the buyer. Only after confirmed conformity, which is announced in a separate email, can poor performance be claimed.
4. In order to claim poor performance, the buyer is obliged to disclose the reasons for the rejection, which can be done, for example, through official confirmation.
5. The buyer's right of withdrawal is restricted in accordance with §18 FAGG due to customer specifications made.
§5 Uploading a Photo by the Buyer
1. Buyers are bound by the applicable law when uploading or taking photos. The seller reserves the right to take legal action if necessary in the event of violations.
2. By taking or uploading a photo, the buyer grants the seller comprehensive usage rights to the photo free of charge. The seller is then authorized to:
- Store the photos and information necessary for fulfillment of the order on the seller's server.
- Edit and reproduce the photos as necessary for fulfillment of the order.
- Store and retain copies for security and verification purposes indefinitely.
- At the express request of the customer, the data will be deleted after completion of the order.
3. The buyer is solely responsible for all uploaded or recorded content. By uploading or taking photos, the buyer also confirms that they are the sole owner or holder of all rights to the uploaded images.
4. The buyer confirms to hold the seller harmless from all claims relating to legal violations caused by the buyer, as well as to compensate for all resulting damages. This also includes any necessary legal defense against third-party claims.
5. The seller reserves the right to withdraw from the contract if the image material used by the buyer violates legal requirements.
§6 Limitation of Liability
Thomas Reinöhl E-Services GmbH is not liable for transport damage; these must be asserted by the customer exclusively against the respective delivery service. The customer expressly agrees to all shipping methods customary in business and acknowledges that the risk passes to the customer upon handover for customary shipping.
The limitation of liability for loss and damage during shipping does not apply to consumer transactions in accordance with § 7b KSchG. Liability for consequential damages - such as lost profits or other losses - from defective or delayed delivery is excluded except for personal injuries, unless there is gross negligence or intent.
This limitation of liability does not apply to items handed over to Thomas Reinöhl E-Services GmbH for processing. Thomas Reinöhl E-Services GmbH is only liable for its own content on the online shop website. Insofar as Thomas Reinöhl E-Services GmbH enables access to other websites through links, Thomas Reinöhl E-Services GmbH is not responsible for the third-party content contained therein. Thomas Reinöhl E-Services GmbH does not adopt third-party content as its own. If Thomas Reinöhl E-Services GmbH becomes aware of illegal content on external websites, it will immediately block access to these pages.
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injuries or damage to items accepted for processing as well as product liability claims.
Electronic publications for personalized articles are produced based on the customer's content specifications. For this reason, the customer is liable to Thomas Reinöhl E-Services GmbH for being unrestricted authorized to use, pass on, and distribute all data provided or templates provided including texts and image material. The customer is also liable for ensuring that the templates for processing do not violate any commercial property rights or copyrights of third parties and that their content does not violate competition law provisions or good morals.
Furthermore, Thomas Reinöhl E-Services GmbH assumes no liability for any data transmission errors in the course of electronic publication of the template.
§7 Payment Terms & Conditions
The prices offered are daily prices and apply until revoked. The price includes statutory VAT. A refund of this is generally excluded. For contracts with customers in non-EEA countries, the customer bears all due import or export fees as well as other charges and levies, except those that would also apply to contracts with customers within the EEA. Payment is made by advance payment, credit card (by entering your card details on the website), PayPal or Sofort. If you select the "PayPal" payment method, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal Terms of Use, which can be viewed at www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account. If you select the "SOFORT" payment method, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that is activated for participation in "SOFORT", authenticate themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can obtain more detailed information about the "SOFORT" payment method on the Internet at www.klarna.com/sofort/. The customer can only offset our payment claim with undisputed or legally established claims.
Any other payment method, such as payment by sending cash, is not possible. We exclude liability for loss in this case.
§8 Delivery and Performance
Delivery is made exclusively to the address or email address provided by the buyer. Delivery is made exclusively after receipt of payment of the payment amount.
Thomas Reinöhl E-Services GmbH is entitled to partial deliveries. Minor technical and design deviations from information in brochures, catalogs and written documents as well as model, construction and material changes in the course of technical progress and further development are reserved, without any rights or claims of any kind and/or scope being derived against Thomas Reinöhl E-Services GmbH. When manufacturing products at the customer's request and specifications, images and texts on the following topics are excluded: pornography/ incitement to hatred/ defamation and insult of third parties/ glorification of violence/ discrimination of any kind. The content of all internet presences (websites) of Thomas Reinöhl E-Services GmbH is aimed exclusively at customers from the European Union.
Delivery or production times depend on the type of product and the scope of the order.
The delivery times specified by Thomas Reinöhl E-Services GmbH in the online shop are an assumption and do not contain a commitment to a fixed date.
§9 Retention of Title
The goods remain the property of Thomas Reinöhl E-Services GmbH until full payment.
§10 Copyrights to Print Designs, Indemnification
With his order and production release, the customer expressly confirms that he is entitled to use the uploaded image and text material and that its use does not violate any rights of third parties, be they copyrights, trademark rights, or any other rights. Furthermore, the customer is liable for ensuring that the order in question does not violate any competition or other commercial property rights. Should any claims be made against Thomas Reinöhl E-Services GmbH or against third parties working for Thomas Reinöhl E-Services GmbH on the basis of copyright, personal rights or trademark law, the customer is obliged to fully indemnify Thomas Reinöhl E-Services GmbH and any third parties working for Thomas Reinöhl E-Services GmbH. In this sense, the customer must also bear all costs incurred by Thomas Reinöhl E-Services GmbH for appropriate legal defense or defense against claims.
§11 Shipping
The goods are shipped to the delivery address provided by the customer. Thomas Reinöhl E-Services GmbH endeavors to ship the ordered products as quickly as possible. Should an extension of the general delivery time be necessary due to increased order volume or other circumstances, the customer will be informed at an appropriate time, but no later than before the order is completed. Costs of a second delivery due to incorrect or incomplete address details provided by the customer must be borne by the customer and will be charged separately. The costs for the second delivery are calculated from the costs of return to the factory, the renewed shipping costs and any fees incurred.
§12 Data Protection
Thomas Reinöhl E-Services GmbH processes the customer's personal data purposefully and in accordance with legal regulations. In the course of order processing, the disclosed data of the customer (in particular name, address, email, payment data, telephone number) is determined, stored and processed for the purposes of contract fulfillment and support. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process. Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
The customer agrees that his data will be processed by Thomas Reinöhl E-Services GmbH by EDP. Customer data is used exclusively for the proper processing of orders.
The buyer agrees that Thomas Reinöhl E-Services GmbH stores highly personal data on data carriers for a certain period of time in the course of order processing and quality control. The buyer expressly consents to the collection, processing and use of his personal data. At express request, Thomas Reinöhl E-Services GmbH can delete this data; this is not possible insofar as the data is required for processing the order.
Even after order processing, the data can be stored for a certain period of time.
The buyer consents that the processed data may be passed on to third parties in the course of order processing.
§13 Storage of Contract Text
The entire contract text is stored by Thomas Reinöhl E-Services GmbH together with the Terms and Conditions valid at the time of conclusion of the contract. The customer is given the opportunity to view it at any time by accessing the contract text in the customer's user account.
§14 Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§15 Applicable Law
Contracts concluded with the inclusion of these Terms and Conditions are subject to Austrian law, excluding any further reference to foreign law. The UN Convention on Contracts for the International Sale of Goods does not apply.
§16 Place of Jurisdiction
If the buyer is not a consumer, the courts in Vienna with subject-matter jurisdiction are agreed as the exclusive place of jurisdiction for all legal disputes arising from the contractual relationship. However, Thomas Reinöhl E-Services GmbH is entitled to sue customers at any other court that may have jurisdiction under national or international law at its own discretion.