Standard Terms & Conditions
§ 1 Contract Party
Your contract party is Sweet Memory Albums, Fritz Duchardt, Bergstrasse 70, 10115 Berlin, Germany (hereafter Sweet Memory Albums).
§ 2 Scope
- The business relationship between Sweet Memory Albums and the customer is exclusively governed by the following standard terms & conditions, in the version as published on the Internet under www.sweetmemoryalbums.com at the time the order is submitted.
- Sweet Memory Albums may use third party sub-contractors (hereafter Sub-Contractors) to complete your order in whole or in part. Your personal data and photos are only transmitted to a Sub-Contractor to the extent it is necessary to process and complete your order.
- The contractual language is German; only the German version of these standard terms & conditions is binding.
- Please see the product specifications as published on our Internet website for details regarding the specifications of the goods offered by us as well as for time limits, if any, for promotional offers.
§ 3 Conclusion of Contract
The customer places an order with Sweet Memory Albums for the production of a printed hardcopy album based on digital photos submitted in the form of electronic files via the Internet or via a memory storage device. Sweet Memory Albums will promptly confirm the receipt of the order by E-mail - however this confirmation does not constitute a binding acceptance of the order, it merely provides the customer the opportunity to identify and promptly correct any errors in the order. At the same time, the customer is asked to reconfirm his/her order via reply E-mail. The contract is concluded after receipt by us of this E-mail reconfirmation though our explicit order confirmation or through our processing of the order. At the time the contract is concluded, we commit ourselves to produce and ship the photos and/or photo albums in accordance with our order confirmation to the address indicated by you.
§ 4 Prices, Shipping Costs
Delivery of the goods is made based on the prices published on our website www.sweetmemoryalbums.com at the time when the order is placed. The price consists of the order value, the shipping costs and all other price components. Please see our website for current prices and currencies accepted. The prices include German value added taxes, to the extent applicable. If the shipping address is outside of Germany, the customer itself is responsible for the correct payment of customs, taxes and other duties, that are incurred outside of Germany.
§ 5 Satisfaction Guarantee, Right to Withdraw
- We are confident you will be satisfied with your album. Therefore, payment is not due until 10 business days after you receive it (the only exception being the design service charges, which have to be paid directly after placing an order). If you are not satisfied with your album you may return it to us within 10 business days and without being obliged to give any reasons. Alternatively, you may withdraw from the contract in text form (e.g., by letter or E-mail).
- The withdrawal period starts with receipt of these terms & conditions in text form, but not before receipt of the goods by you and also not before we have fulfilled our information obligations under Article 246 § 2 in connection with § 1 Abs. 1 und 2 EGBGB as well as our obligations under § 312e Abs. 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Such obligations are fulfilled by us at the latest through sending our E-mail confirming the receipt of your offer (see § 3 above).
- Posting the withdrawal notice or the goods in time is sufficient in order to meet the withdrawal period. The withdrawal notice respectively the goods shall be addressed to: Sweet Memory Albums, Inh. Fritz Duchardt, Bergstrasse 70, 10115 Berlin, Deutschland/Germany or [email protected]
- In case of a timely withdrawal or timely return, the goods and payments received by each party must be returned and proceeds earned, if any (e.g., interest), must be handed over to the other party. Should you not be able to return the received goods in whole or in part, or only in deteriorated condition, you will have to compensate us for any decline in value. This does not apply in respect of tangible goods, if the deterioration was only caused by your careful examination - such as would have been possible in a retail store. You may avoid the obligation to compensate us for any decline in value caused through the contractual use of the goods, by not using the goods intensively like an owner and to avoid anything that may reduce the value of the goods.
- The goods may be returned at our cost and our risk. Any obligation to return payments must be fulfilled within 30 days. The 30-day period starts for you with the posting of the withdrawal notice or the goods, for us with the receipt thereof.
§ 6 Delivery, Shipment
Your order will be shipped shortly after having been completed, unless otherwise agreed between the customer and Sweet Memory Albums. A delay of delivery by Sweet Memory Albums does not entitle the customer to decline the delivery or to claim damages, unless the delay was caused by gross negligence or willful misconduct of Sweet Memory Albums. As long as the customer is in delay with making any payment, Sweet Memory Album's obligation to deliver is suspended. Unless otherwise agreed between the customer and Sweet Memory Albums, the shipment is typically made within 10 business days after confirmation of the order. This is merely an estimate which cannot be guaranteed. The produced photos and photo albums will be sent to the delivery address indicated by the customer.
§ 7 Payment
We are confident you will be satisfied with your album. Therefore, payment is not due until after you receive it. (see Satisfaction Guarantee § 5 above). Payment may be effected via credit card, bank wire or via PayPal. Payments are deemed made on the date on which Sweet Memory Albums has the right to dispose of the payment amount. If the customer falls into payment default, Sweet Memory Albums may demand default interest at the statutory interest rate. In case Sweet Memory Albums can prove damages exceeding the default interest rate, it may claim such excess damages. In case the customer does not fulfill its payment obligations, Sweet Memory Albums reserves the right to suspend such customer from its Internet offer until payment has been received in full or to permanently exclude such customer from the Internet offer.
§ 8 Set-Off and Withholding
The customer has a right to set-off and withholding only to the extent his/her counter-claims were confirmed by final judgment of a competent court or if they were confirmed in writing by Sweet Memory Albums.
§ 9 Retention of Title/Ownership
Sweet Memory Albums retains title and ownership to all goods related to an order until all payments related to such order are received in full.
§ 10 Warranty
The goods are defective, if they do not comply with the technical standards of digital photo printing. In case of a justified complaint, the client may at its discretion elect removal of the defect (repair) or delivery of defect-free goods (new delivery). However, Sweet Memory Albums is entitled to reject the election made by the customer, if the requested method causes unreasonable cost and if another method of removing the defect will not result in significant disadvantages to the customer. If curing the defect is not possible or if a repair fails twice, the customer may withdraw from the contract or may demand a price reduction. In case of withdrawal, the customer is obliged to return the goods. Incidentally, the warranty rules under German statutory laws apply, within the limits of § 11 below.
§ 11 Limitation of Liability
- Sweet Memory Albums may be held liable for damages or defects of the goods until delivery to the customer in accordance with the following provisions.
- Sweet Memory Albums shall not be liable for indirect or consequential damages, such as lost profits or other financial damages of the customer. Liability for damage to or loss of electronic files stored on data storage devices caused by Sweet Memory Albums or its Sub-Contractors, or while being transmitted via electronic data transmission or networks, is excluded. Sweet Memory Albums may only be held liable for product specifications if it has explicitly guaranteed such specifications in writing or on its Internet website.
- To the extent the liability of Sweet Memory Albums is excluded or limited, such exclusion or limitation also applies with respect to the personal liability of its employees, representatives and Sub-Contractors.
- The described limitations of liability do not apply in case of gross negligence or willful misconduct on the part of Sweet Memory Albums or its Sub-Agents, or in case of personal injury.
- To the extent Sweet Memory Albums violates a material contractual obligation (Kardinalpflicht) and none of paragraphs 2-4 applies, the liability for property damage shall be limited to the typically foreseeable damages. Material contractual obligations are generally all material duties the fulfillment of which (i) is necessary in order to properly implement the contract and (ii) may typically be relied upon by the other party.
- Liability pursuant to the German Product Liability Act shall remain unaffected.
§ 12 Technical Support
Due to the non-technical nature of our products we do not offer a technical support service. However, should you have any questions regarding our products, please contact us via the contact form provided on our Internet website, via telephone or via E-mail. Our office is open weekdays from 9:00 am to 6:00 p.m. (German time).
$ 13 Copyrights, Criminal Law
The customer is responsible for the content of the transmitted files. By transmitting the files to Sweet Memory Albums, the customer confirms, represents and warrants that he/she has all copy-, trademark- and all other intellectual property rights to such files and their content that are necessary for Sweet Memory Albums to process the order. The customer is responsible for any consequences resulting from a violation of these rights. Should any third party bring a claim against Sweet Memory Albums based on a violation of its intellectual property rights to the transmitted files or their content, the client shall indemnify and hold harmless Sweet Memory Albums from all such claims, damages and costs (including attorneys' fees) arising in connection therewith. Sweet Memory Albums will promptly inform the customer of any such third party claims. By placing his/her order, the customer represents and warrants that the content of the transmitted files do not violate any criminal laws, in particular not any laws against the dissemination of child pornography (e.g., § 184 of the German Criminal Code). Should Sweet Memory Albums notice a breach of this representation and warranty, it will promptly inform the competent criminal authorities.
$ 14 Miscellaneous
- Any amendment or supplement to these terms & conditions must be made in test form. This also applies to a change of this clause $ 14 para. 1.
- Any disputes arising in connection with this business relationship shall be exclusively governed by German law, excluding its conflicts of laws rules and excluding the UN-Convention on Contracts for the International Sale of Goods. Any local law that is mandatory in the customer's country of residence shall remain unaffected hereby.
- If the customer has no residence in, or other general nexus to, Germany or if the customer is a merchant (within the meaning of the German Commercial Code, HGB), and he/she places the order for his/her business, the business seat of Sweet Memory Albums shall be the exclusive legal venue for any disputes arising in connection with this business relationship.
- Should any one or more provisions of these terms & conditions and/or of the contract entered into in connection therewith, or parts thereof, be held invalid or unenforceable, the validity of the remaining provisions, or parts thereof, shall not be affected. They shall remain valid for both parties. In case of invalidity, the relevant statutory law applies. This also applies in case of contractual gaps.
Sweet Memory Albums
Inh. Fritz Duchardt