§ 1 General
These Terms and Conditions (T&C) govern the relationship between the owner of the webshop, Popp Digital e.U., as specified in the imprint, and the customer. The T&C in their version valid at the time of ordering on the website shall exclusively apply.
§ 2 Contractual Content
The customer commissions Popp Digital e.U. to produce printed and other media from digital photo source material, including canvas, photo prints and posters. The rights to the original work and digital photo data remain entirely with Popp Digital e.U. The contract is concluded as soon as the order placed by the customer is accepted by Popp Digital e.U., either through a separate email or by delivering the goods. The information on the website serves as an invitation to the customer to submit an offer. Popp Digital e.U. reserves the right to correct any prices mistakenly stated on the website. If a correction leads to a price increase, the customer may withdraw their offer.
§ 3 Prices
The delivery of goods is made at the prices specified by Popp Digital e.U. on the website, valid on the day of the order placed by the customer. All prices are in EUR and include the applicable value-added tax and other price components. If the purchase is tax-exempt, this will be explicitly indicated in the purchase process and on the invoice. Shipping costs are separately itemized and are not included in the price; these are to be borne by the customer.
§ 4 Right of Withdrawal, Return Policy
The right of withdrawal from orders in distance selling contracts is excluded according to § 312 g para. 2 no. 1 BGB, as the photo products produced are tailored to the customer’s wishes and specifications and are customized to their personal needs. Similarly, there is no right of withdrawal for the purchase of downloads, images, and/or video files, as the provision of the service (sending of the files) takes place before the withdrawal period expires, but no later than after examination and receipt of payment.
§ 5 Liability
Popp Digital e.U. is liable for damages according to the following provisions:
(1) Popp Digital e.U. is liable for damages caused intentionally or through gross negligence by itself, its representatives, or agents.
(2) The same applies to damages resulting from the absence of guaranteed characteristics.
(3) In the case of the breach of material contractual obligations (cardinal duties), Popp Digital e.U. is liable in a limited manner, up to the typically foreseeable amount of damages unless unlimited liability exists according to paragraphs 2 to 4. Cardinal duties are obligations, the fulfilment of which enables the proper execution of the contract in the first place and on which the contracting party can regularly rely.
(4) Any further liability is excluded, particularly liability without fault.
(5) Liability under the Product Liability Act remains unaffected.
§ 6 Warranty for Defects
The goods must be checked promptly for completeness and defects upon receipt. Subsequent complaints about incomplete or insufficient delivery or performance cannot be considered. If a defect in the goods is present, the customer has the right to choose between rectification of defects or the delivery of a new, defect-free product. However, Popp Digital e.U. may refuse the chosen method of rectification if it can only be carried out at a disproportionate cost and if the other form of rectification would not result in significant disadvantages to the customer. If rectification fails, the customer can choose to withdraw from the contract or reduce the purchase price.
There is no specific quality or durability guarantee for the goods to be delivered. The delivered goods are considered defective if they do not meet the technical standard of digital photo development and processing. Variations in colour between the products and the image files displayed on different screens cannot be avoided for technical reasons and are therefore not considered defects. Similarly, no defect is present if the customer, despite a warning, orders a format or photo product for which the original image file does not have an optimal resolution, thereby affecting the image quality (e.g., pixelation, blurriness).
Popp Digital e.U. assumes no guarantee for quality or durability.
For orders by entrepreneurs who order goods as part of their commercial or self-employed professional activity, the following additional conditions apply: The customer is obliged to inspect the goods immediately upon receipt and to report obvious defects in writing within one week, describing the defect and including proof photos and videos. If the customer fails to report the defect, the delivered goods are considered approved. The same applies to subsequently occurring defects.
§ 7 Shipping
Popp Digital e.U. delivers the goods under customary terms to the customer. The transport route and means of transportation are determined by Popp Digital e.U. or its agents unless different agreements have been made. Popp Digital e.U. reserves the right to make partial deliveries. In the case of large products, delivery takes place, unless otherwise agreed, “free curb,” i.e., up to the nearest public curb of the delivery address. Shipping costs are calculated according to the price information on the shop page. A delay in delivery does not entitle the customer to claim damages unless otherwise specified in § 5 of these T&C. Delivery delays do not entitle the customer to refuse acceptance. Non-deliveries must be reported within 14 working days of the order. If the customer fails to make the report, the goods are considered successfully delivered.
§ 8 Payment, Offset, Retention of Ownership
Orders can be paid either by invoice or prepayment. In the case of payment by invoice, the invoice amount is due and payable upon receipt of the goods. The invoice is agreed between the seller and the buyer to be due 10 days after receipt of the goods. Payments are considered made on the day they are received by the recipient. In the event of payment arrears after receiving a reminder after the due date, Popp Digital e.U. may demand default interest at the statutory interest rate. A reminder fee of 3 EUR is charged for the first reminder, and 7.50 EUR for a second reminder. This does not affect the possibility of asserting further default damage. In the event of non-redeemed direct debit, Popp Digital e.U. is entitled to obtain information from the buyer’s bank about the address of the account holder or the buyer. The customer can only offset with counterclaims that have been legally established or are undisputed. The delivered products remain the property of Popp Digital e.U. until they are paid in full.
§ 9 Data Protection, Data Backup
The personal data of the customer is collected by Popp Digital e.U. for order processing. The collection, processing, and use of this data is only for the purposes described in the privacy policy and in compliance with the General Data Protection Regulation (GDPR) and the Teleservices Data Protection Act (TDDSG). All data is treated confidentially. The customer has expressly consented to the collection, processing, and use of their personal data prior to entering into the contract. In case of withdrawal of consent for the future by the customer, Popp Digital e.U. is committed to the immediate deletion of personal data, provided that order processing is not yet completed.
§ 11 Severability Clause
If individual provisions of this contract are or become invalid or unenforceable, the validity of the contract as a whole remains unaffected.
November 2023