General terms and conditions of business and delivery
§ 1 General
Your contract partner for all orders within the scope of this online offer is the UnlimitedPixel - Nils Jäkel, Reiboldschachtring 28, 01705 Freital, in the following called "UnlimitedPixel".
All deliveries of UnlimitedPixel to the customer are made on the basis of the following general business and delivery conditions. These are the basis of all offers and agreements between UnlimitedPixel and the customer and are valid as accepted for the duration of the whole business connection. Opposing or deviating conditions of the customer are only binding if UnlimitedPixel has accepted them in written form.
§ 2 Responsibility for online offer
(1) Two types of products are available via the UnlimitedPixel platform. On the one hand products which are designed and offered by UnlimitedPixel itself ("UnlimitedPixel products"), on the other hand products which are designed and offered by independent partners ("partner products").
(2) For the "UnlimitedPixel -Products" only UnlimitedPixel is responsible.
(3) The partner is solely responsible for the "partner products" as well as the advertising of the offered motifs. UnlimitedPixel explicitly does not adopt these contents of the partner as its own, as far as they are not in accordance with the regulations of these GTC and / or the regulations of the Partner GTC.
§ 3 Conclusion of contract
(1) The "offers" contained on the website represent a non-binding invitation to the customer to order from UnlimitedPixel.
(2) By sending the completed order form on the Internet, the customer submits a binding offer to conclude a purchase contract or contract for work and materials. Before the final sending, the customer has the possibility on an overview page to check the correctness of his entries and to correct them if necessary. The following languages are currently available for the ordering process: German, English.
UnlimitedPixel then sends the customer an order confirmation by email and checks the offer for its legal and actual feasibility, especially for a possible infringement of third party property rights. The order confirmation does not represent an acceptance of the offer, but shall only inform the customer that his order has been received by UnlimitedPixel.
The contract is only concluded when UnlimitedPixel ships the ordered product to the customer and confirms the shipment to the customer with a second email (shipping confirmation).
We save the contract text and send you the order data as well as these terms and conditions by email. You can also see the terms and conditions at any time under https://unlimitedpixel.de/static.php?page=terms.
If you have created a user account at UnlimitedPixel, you can see the details of your past orders in your user area. If you have placed your order without a user account, you can access the details of your order
via a link in the respective order confirmation.
(3) In connection with §2 (3) it is not possible for UnlimitedPixel as a platform provider to check all print motives designed by customers or partners in advance for possible infringements. UnlimitedPixel reserves the right to refuse received orders within the legal acceptance period, if it becomes known or the suspicion arises during the order process that rights of third parties or legal regulations are violated by a print motif.
(4) The conclusion of the contract takes place under the reservation of the timely and complete self-delivery. This reservation is not valid in case of short-term delivery disturbances or if UnlimitedPixel is responsible for the non-delivery, especially by failing to make a congruent covering transaction in time. The customer will be informed immediately about the non-availability of the service. If the consideration has been rendered by the customer, it will be refunded.
§ 4 Delivery/Shipping
(1) The delivery takes place in principle within three weeks from receipt of the order confirmation by the customer. Delivery dates and delivery periods are only binding if they have been confirmed as such explicitly and in writing by UnlimitedPixel.
(2) The delivery takes place within Germany as well as in many other states, which can be seen on this page.
(3) Delivery will be made by a shipping service provider to be chosen by UnlimitedPixel. The customer has to pay a flat rate for postage, which can depend on the order value and the place of delivery.
§ 5 Prices
(1) For customers from EU countries, Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco and the Isle of Man, the stated prices are final prices. They include the applicable statutory taxes, in particular value added taxes. The delivery address is decisive.
(2) For customers outside the EU (except for customers from Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco and the Isle of Man) and for customers from territories in EU states with special VAT treatment (cf. Article 6 Directive2006/112/EC), all prices quoted are net prices. The delivery address is decisive. If, according to the legal regulations in the country of destination, value added tax is due, this must be paid additionally by the purchaser on receipt of the goods. In addition, for customers outside the EU, import duties, customs clearance costs and other costs and charges may be incurred, which the customer must pay additionally on receipt of the goods.
(3) The customer is responsible for shipping costs, which may depend on the order value and the place to which delivery is to be made.
§ 6 Payment
(1) The payment takes place after choice of the customer by direct debit (SEPA basis mandate), credit card, prepayment, invoice or PayPal. UnlimitedPixel reserves the right to limit the choice of payment methods between which a customer can choose, depending on order value, shipping region or other factual criteria. In case of payment by direct debit (SEPA-Basis-Mandate) UnlimitedPixel will send the customer the pre-notification after the order in the context of the order confirmation (see § 3 Abs. 2). The collection of a direct debit takes place at the earliest 1 day after sending the pre-notification at account-managing banking institutions in Germany, Austria and Spain, at the earliest 5 days after sending the pre-notification at account-managing banking institutions in other countries.
(2) As far as the payment method chosen by the customer is not feasible despite contractual execution on the part of UnlimitedPixel, in particular because a debit from the account of the customer is not possible due to lack of cover of his account or because of indication of wrong data, the customer has to compensate UnlimitedPixel or the third party commissioned by him with the handling for the additional costs arising from this.
(3) If "invoice" was chosen as payment method, UnlimitedPixel carries out a credit check in individual cases before conclusion of the contract. Thereby UnlimitedPixel wants to protect itself against payment defaults. Furthermore criminal offences like e.g. fraud can be prevented. For the purpose of the credit assessment the CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Germany, will provide UnlimitedPixel with the address and credit data stored in its database. The creditworthiness data are determined on the basis of mathematical-statistical procedures. For the purpose of the decision about the justification or execution of the contractual relationship UnlimitedPixel thus collects and uses probability values, in whose calculation among other things address data flow.
(4) UnlimitedPixel is entitled to use the services of trustworthy third parties for the handling of the payment:
a) In case of default of payment of the customer UnlimitedPixel is allowed to assign his claims to a collection agency and to transfer the personal data necessary for the payment processing to this third party.
b) In case of the involvement of a third party in the payment processing, the payment in relation to UnlimitedPixel is considered as made only when the amount has been made available to the third party according to the contract, so that the third party can dispose of it without restrictions.
(5) The customer agrees to receive electronic invoices only. The invoices shall be made available to the Customer in PDF format by e-mail.
§ 7 Retention of title
(1) The goods remain property of UnlimitedPixel until the settlement of the claims to which UnlimitedPixel is entitled. If the customer is a merchant in the sense of the HGB, UnlimitedPixel reserves the property of all delivery items until the receipt of all payments from the business relation.
(2) The customer is obliged to treat the goods with care until the transfer of ownership to him.
8 Warranty
(1) Details, drawings, illustrations, technical data, descriptions of weights, dimensions and services, which are contained in brochures, catalogues, circulars, advertisements or price lists, have a purely informative character. UnlimitedPixel does not take over any guarantee for the correctness of these data. Concerning the kind and the extent of the delivery only the details contained in the order confirmation are decisive.
(2) The statutory warranty rights apply to the products offered by us.
(3) In case of returns due to defects UnlimitedPixel will also take over the postage costs.
(4) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. UnlimitedPixel is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) The customer's claims under the warranty presuppose that the customer, insofar as the customer is a merchant, has complied with his obligations to examine the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(6) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.
§ 9 Limitation of liability
(1) The liability of UnlimitedPixel is based on the legal regulations, as far as nothing else is determined in these general terms of business and delivery. UnlimitedPixel is liable for damages, no matter for which legal reason, only in case of intent and gross negligence unlimited. Beyond that UnlimitedPixel is liable unlimited in case of simple negligence for damages from the injury of the life, the body or the health. In case of simple negligence and the violation of an essential contractual obligation (cardinal obligation) the liability of UnlimitedPixel is limited to the compensation of the foreseeable, typically occurring damage. The liability according to the product liability law remains unaffected by the above regulations.
(2) As far as the liability of UnlimitedPixel is excluded or limited in these general terms of business and delivery, this is also valid for the personal liability for damages of the employees, representatives and vicarious agents of UnlimitedPixel.
§ 10 Information about the right of withdrawal for consumers
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by
you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must inform us (UnlimitedPixel - Nils Jäkel, Reiboldschachtring 28, 01705 Freital, Germany, info@unlimitedpixel.de) by means of a clear
declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply
with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting
from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your
withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over
the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period
of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 5 EUR. You only have to pay for any loss in value of the goods if this loss in value is due to handling
of the goods that is not necessary for checking the quality, properties and functioning of the goods. Sample cancellation form
(If you wish to cancel the contract, please fill in and return this form). (*) Delete as applicable. Exceptions to the right of withdrawal
A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by
the consumer is decisive or which are clearly tailored to the personal needs of the consumer. (1) If the customer transmits an own motive or takes other influence on the product (text personalisation), the customer assures UnlimitedPixel that text and motive are free of rights
of third parties. Possible copyright, personality or name rights violations are in this case fully at the expense of the customer. Also the customer assures that he does not violate any other rights of third parties by the
individualisation of the product. (2) The customer will exempt UnlimitedPixel from all demands and claims, which are asserted because of the injury of such rights of third parties, as far as the customer has to represent
the breach of duty. The customer reimburses UnlimitedPixel all arising defence costs and other damages. In the performance of the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents
with regard to materials, colour, weight, dimensions, design or similar features, insofar as these are reasonable for the customer. Reasonable reasons for changes may result from fluctuations customary in the trade and technical
production processes. UnlimitedPixel processes personal data of the customer for a specific purpose and according to the legal regulations. The personal data given for the purpose of ordering goods (such
as name, email address, address, payment data) will be used by UnlimitedPixel for the fulfilment and processing of the contract. These data will be treated confidentially by UnlimitedPixel and will not be passed on to third
parties who are not involved in the ordering, delivery and payment process. The customer has the right to get information free of charge about the personal data stored by UnlimitedPixel about him. In addition, he has the right
to correct incorrect data, blocking and deletion of his personal data, as far as no legal obligation to store data is opposed. The European Commission provides a platform for online dispute resolution (OS), which customers can access here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. (1) Place of performance for all deliveries is the business location of UnlimitedPixel in Dresden. (2) If the customer is a merchant in the sense of the HGB, a legal entity under public law or a special fund under public law, Leipzig is the place of jurisdiction. In this case UnlimitedPixel
is also entitled to sue the customer at his domicile court after choice of UnlimitedPixel. The same applies in case the customer has no general place of jurisdiction in Germany, moves his residence or usual place of abode
out of Germany after conclusion of the contract or his residence or usual place of abode is unknown at the time of filing an action. (3) The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by the laws of the Federal Republic of Germany. The application
of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions
of this state remain unaffected. (4) Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid or contradict the statutory provisions, this shall not affect the remainder
of the contract.
11 Copyrights to print designs, release from liability
12 Technical and design deviations
§ 13 Data protection
14 Settlement of disputes
15 Place of Jurisdiction - Place of Performance - Choice of Law