General Terms and Conditions of Business
§1 Scope of application
For business relations between CEWE Stiftung & Co. KGaA (hereinafter referred to as CEWE) and the customer shall be governed exclusively by the following General Terms and Conditions in the version available on the Internet at the time of the order. These may be saved on the customer's computer and/or printed out by the customer for the purpose of the online order. The online shop is available in German, the contractual language is German.
§ 2 Contractual partner
The contractual partner of the customer is CEWE Stiftung & Co. KGaA, Meerweg 30 - 32, 26133 Oldenburg, Germany.
§ 3 Conclusion of contract
By sending CEWE digital templates in file form (image files), the customer places an order with CEWE for the production of images and/or items with images (goods). By clicking the order button "order subject to payment", the customer makes a binding offer to enter into a contract. Before sending the order, the customer may change and view the data at any time, recognise any input errors and correct them if necessary before the binding final submission of his order. CEWE shall immediately confirm receipt of the order to the customer by e-mail. The confirmation of receipt of the order does not yet constitute acceptance. The declaration of acceptance by the supplier shall be made within 5 days by delivery of the goods or by express confirmation of acceptance.
§ 4 Prices
The delivery of the goods shall be effected at the prices in euros stated on CEWE's website and valid on the day of placing the order. The price shall be composed of the order value, the shipping costs as well as other price components and shall include the statutory value-added tax applicable in each case.
Additional customs duties may be incurred for shipments to countries outside the European Union. These are not included in the price and must be paid by the customer.
§ 5 Delivery, Dispatch
Delivery or collection of the goods shall be effected in accordance with the provisions laid down in the order software or on the website, unless otherwise agreed between the customer and CEWE.
The delivery time shall be agreed individually or stated by us in the order process.
§ 6 Payment
When placing the order, the customer shall indicate whether he wishes to pay either by invoice or by online payment procedure. In the case of the online payment procedure, the customer authorises the payment either by entering bank or credit card data or access data of a payment service provider. CEWE reserves the right to maintain the payment authorisation/reservation until completion of the product, for a maximum of 28 days.
In accordance with the applicable legal provisions on strong customer authentication (PSD II), CEWE is obliged to transmit certain legally specified personal data to the respective payment service provider when making an online payment. Further information on this can be found here.
In the case of payment against invoice, the invoice amount must be paid by the customer within 7 days of delivery of the goods.
In the case of online payment, the ordering party expressly authorises the contractual partner to collect the amount due within the scope of the order. Should the collection of the payment fail for reasons for which the ordering party is responsible, the ordering party shall reimburse the chargeback costs and any bank processing fees incurred.
In the case of SEPA payment, the customer expressly agrees to the procedure and grants CEWE a SEPA direct debit mandate (§127 German Civil Code). The mandate issued is valid for the order (one-off mandate). Together with the confirmation of dispatch, the customer shall receive prior notification of the creditor identification number, the mandate reference, the amount and time of the upcoming SEPA direct debit collection (pre-notification). The submission deadline corresponds to the applicable standard requirements in payment transactions. The invoice amount due shall be collected from the customer's account by CEWE stating the bank details and the mandate reference. The SEPA direct debit may be revoked within 8 weeks of the debit date. The claim shall remain unaffected by this.
For logistical reasons, CEWE reserves the right to send the invoice receipt in electronic form. In this case, the invoice shall be sent by e-mail and free of charge.
§ 7 Retention of title
The goods shall remain the property of CEWE until all goods from the same order have been paid for in full.
§ 8 Right of revocation
The right of revocation in the case of distance contracts in accordance with § 312 g para. 1 BGB (German Civil Code) is excluded in accordance with § 312 g para. 2 no. 1 BGB (German Civil Code), since the goods are manufactured according to the specifications of the customer and are tailored to his personal requirements.
§ 9 Complaints/dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. Nevertheless, we endeavour to find an amicable solution in the event of disagreements with our customers. The responsible consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstr. 8, 77694 Kehl, https://www.verbraucher-schlichter.de. However, we declare that we are neither willing nor obliged to participate in a dispute resolution procedure. Therefore, if you are not satisfied with any of our offers, please feel free to contact us at firstname.lastname@example.org.
§ 10 Claims for defects
The statutory provisions shall apply to the rights of the purchaser in the event of material defects and defects of title, unless otherwise stipulated below. If the goods are defective, the customer shall be entitled to choose between subsequent performance in the form of rectification of the defect (subsequent improvement) or delivery of a new item free of defects (subsequent delivery). CEWE shall, however, be entitled to refuse the chosen type of subsequent performance if this can only be carried out at disproportionate costs and if the other type of subsequent performance would not entail any considerable disadvantages for the customer. If the subsequent performance has failed, the Purchaser may, at its option, declare its withdrawal from the contract or reduce the purchase price.
§ 11 Liability
CEWE shall be liable for damage caused by intentional or grossly negligent conduct of CEWE, a representative or vicarious agent in accordance with the statutory provisions. Apart from this, CEWE shall only be liable to the customer in accordance with the Product Liability Act, on the basis of a guarantee assumed, on the basis of claims under data protection law as well as on account of injury to life, body or health or on account of culpable breach of cardinal obligations (essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observane of which the contractual partner may regularly rely). In the event of a breach of cardinal obligations, the customer's claim for damages shall be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases mentioned in sentences 1 and 2 of this paragraph applies at the same time.
§ 12 Data protection, data backup
In order to implement the online photo service, the Provider shall use the infrastructure and software of CEWE Stiftung & Co. KGaA, Oldenburg (Oldb.). In order to process the orders, only the personal and image data required for the CEWE Stiftung & Co. KGaA which are required for complete processing. The processing and forwarding of data is carried out on the basis of Art. 6 (1) a) of the EU General Data Protection Regulation for the order and on the basis of Art. 6 (1) f) of the EU General Data Protection Regulation for further processing.
With regard to the further regulations concerning data protection and data security, reference is made to the separate data protection declaration, which can be saved and/or printed out by the customer on his computer for the purpose of the online order.
§ 13 Data protection notice
When ordering, the customer has the option of specifying whether he/she wishes to have the photographic works sent to him/her or whether he/she wishes to collect the order in the shop. If the customer chooses to collect the photographic works produced, they shall be made available at the agreed place of delivery. The photographic works held ready for collection are marked with the first name and surname as well as the order number. It cannot be ruled out that this information may be visible to third parties. The customer acknowledges that there is the alternative option of sending the photographic works.
§ 14 Copyrights, criminal law
CEWE shall not acquire the rights to the photos at any time. Therefore, the photos will not be used by CEWE or CEWE employees outside the creation of the ordered product. Transfer to third parties is also excluded
The customer shall be solely responsible for the contents of the transferred image files. He shall ensure that he is in possession of the necessary copyrights, trademark rights or other rights for all image files transferred to CEWE as well as for the use commissioned. All consequences arising from any infringement of these rights shall be borne solely by the customer. He shall be obliged to indemnify CEWE against all justified claims against third parties which are asserted on account of the infringement of their rights due to the processing, duplication and use of the transferred image files in accordance with the order placed.
The customer warrants that the contents of the transmitted image files do not violate any applicable prohibition norms, in particular the provisions on the dissemination of child pornography (Sections 184 et seq. of the German Penal Code). Should CEWE become aware of any infringements of this assurance, CEWE shall immediately involve the competent criminal prosecution authorities.
§ 15 Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
If the customer does not have a general place of jurisdiction in Germany or if he has transferred his place of residence abroad after conclusion of the contract or if the place of residence is not known at the time when legal proceedings are instituted or if the customer is a merchant and acts in this capacity, the place of jurisdiction for all disputes shall be the registered office of CEWE.
Should individual provisions of this contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
Last Updated: June 2021