GENERAL TERMS AND CONDITIONS
RIGHT OF REFUSAL
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, e-mail) or – if the goods before the deadline – also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations under § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender to us the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for benefits obtained, you must only pay compensation if the benefits or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. By “testing the properties and functionality” we mean the testing and trying out of the respective goods, as is possible and usual in a retail shop.
Items that can be shipped by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or, in case of a higher price of the goods, if you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
The right of revocation does not apply to
Contracts for the delivery of goods that are not prefabricated
which are manufactured according to customer specifications or
are clearly tailored to personal needs (according to § 312 d para. 1 BGB is according to § 312 d para. 4 No. 1 BGB).
End of the cancellation policy
Photographs in customer order are produced according to the customer’s specifications and tailored to his personal needs. A right of revocation is therefore excluded. Software and digital templates are excluded from return.
§ 1 RESERVATION OF TITLE
The goods remain the property of Anett Bulano until full payment has been received.
§ 2 WARRANTY FOR DEFECTS
(1) The customer has to complain about defects of the delivered articles immediately upon delivery, but at the latest 7 days after receipt, in writing with an exact description and, if necessary, to document this with photos. A later assertion of obvious defects is excluded. Packages must be examined by the customer for external damage immediately upon delivery by the transport company and such damage must be reported.
(2a) Complaints regarding taste are not considered as defects. Only deficiencies which could have been avoided according to the previous state of the art are considered as justified defects. Accordingly, minor deviations from the original cannot be objected to if they cannot be improved by the manufacturing process used. Colour deviations, offsets and edge trimming caused in particular by manufacturing tolerances do not justify a complaint about the goods. Larger colour deviations between different orders, reference samples or other templates shall also not constitute a defect if they were produced in a different production process or are due to the use of other machines.
(2b) Furthermore, a defect shall not be deemed to exist if a loss of quality is caused by a poor quality (e.g. resolution) of the original image data or if it is due to material supplied by the customer himself.
(2c) In the event of a complaint regarding the colour reproduction of a photo on a carrier material in comparison to the customer monitor, the customer is obliged to prove that the transferred digital photo corresponds to the usual standard, that colour profiles by Anett Bulano have been used as soft proofs, that the monitor has been calibrated and that the customer’s output devices are in a technically perfect condition.
(3a) Anett Bulano shall be entitled to make a replacement delivery in the event of defects in the delivered goods for which Anett Bulano is responsible. If Anett Bulano does not comply with the justified request for replacement delivery within a reasonable period of time or if Anett Bulano refuses to make a replacement delivery, the customer may demand the cancellation of the order or reduce the remuneration. Replacement deliveries will be delivered at the shipping option (standard or express shipping) as chosen for the initial order.
(3b) Anett Bulano may decide whether the defective goods must be returned by the customer and shall inform the customer of this decision in writing (e-mail or letter). In this case Anett Bulano shall pay the return costs by sending a return parcel label in advance. The customer does not return the goods to Anett Bulano “carriage forward” as part of his duty to minimise damages, as this will incur higher shipping costs than after sending a return parcel label. If the customer nevertheless sends the goods carriage forward, Anett Bulano is entitled to invoice the difference.
§ 3 CONTRACT LANGUAGE
The contract languages are English and German.
§ 4 DATA SECURITY AND DATA PROCESSING
(1) Anett Bulano will treat customer data (address, e-mail, telephone number) in accordance with the statutory provisions of the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act. A forwarding to third parties for advertising purposes is excluded.
(2) For purposes of preservation of evidence, the image files transmitted or sent by the customer are stored until the corresponding invoice items have been paid. A further securing beyond the termination of the respective order does not take place in principle. The customer is obliged to store and secure all image files sent to Anett Bulano himself.
(3) Anett Bulano stores personal data relating to the customer which arise in the course of the performance of the contract with automatic data processing on its customer server.
§ 5 APPLICABLE LAW AND JURISDICTION
(1) The business relations between Anett Bulano and the customer are subject to the law of the Federal Republic of Germany.
(2) Place of jurisdiction is the registered office of Anett Bulano.
§ 6 SEVERABILITY CLAUSE
If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected. The invalid provision shall be replaced by the relevant legal provision.
ANETT ALEXANDRA BULANO
LEIPZIG / GERMANY