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Celebrating a Century of Visual Wonders.
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Celebrating a Century of Visual Wonders.
These Terms and Conditions of Sale and Business shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (12) German Civil Code (BGB). We shall only recognise terms and conditions of the buyer that are contrary to (or deviate from) our Terms and Conditions of Sale and Business if we expressly agree to their validity in writing.
These Terms and Conditions of Sale and Business shall also apply to all future transactions with the buyer, insofar as they are legal transactions of a related nature.
Individual agreements made with the buyer in individual cases – including collateral agreements, supplements and amendments – shall, in any case, take precedence over these Terms and Conditions of Sale and Business. In the event of such agreements, a written contract or our written confirmation shall be decisive, subject to proof to the contrary.
These Terms and Conditions of Sale and Business apply to all contracts for the supply of digital goods and physical items which the buyer enters into with the seller in respect of the goods displayed by the seller in its online shop.
These Terms and Conditions of Sale and Business shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless something to the contrary is regulated in this respect. Digital content within the meaning of these Terms and Conditions of Sale and Business is data that is created and made available in digital form.
The product descriptions contained in the seller’s online shop do not constitute binding offers but serve for the submission of a binding offer by the buyer to the seller.
It is up to the buyer as to whether he also submits the offer to the seller by fax, by email, by post or by online contact form, provided that he does not use the online shop within the framework of the online order form.
The seller may accept the offer within a period of __ days __ weeks (please fill in) by requesting payment from the buyer or by providing the buyer with the ordered digital product as intended, or by sending the buyer a written order confirmation or an order confirmation in text form.
The respective receipt by the buyer is decisive. The earliest point in time applies in the event of the accumulation of the aforementioned alternatives.
The period for offer acceptance begins on the day after the buyer sends the offer and ends with the expiry of __ day __ week (please fill in) following the dispatch of said offer. If the seller does not accept the buyer’s offer within this period, this shall be deemed to be a rejection of the offer with the consequence that the buyer is no longer bound by his declaration of intent.
Payment is made in non-cash form by using the payment service provider PayPal.
If the buyer uses the payment method offered by the payment service provider, the seller hereby declares acceptance of the buyer’s offer at the time when the buyer makes the final entry in the order process (clicking the respective button).
Before submitting a binding offer via the online order form, the buyer can identify possible input errors by reading the information displayed on the screen. An effective technical means for the improved recognition of input errors can be the magnification function of the respective Internet browser used, with the help of which the display on the screen is enlarged. The buyer can correct his entries during the electronic ordering process using the typical computer functions until he issues the input command that concludes the ordering process (clicking the respective button).
The respective language provided by a plug-in can be used for the conclusion of the contract. Order processing and establishing contact are essentially managed by email and automated order processing. The buyer must ensure that the email address provided by him for order processing is also correct, in order that the emails sent by the seller can also be received at this address. In particular, when using spam filters, the buyer shall ensure that all emails sent by the seller can be delivered and acknowledged.
Digital content is provided to the buyer by download only.
In the event that the digital content is sent by data carrier, and for all other physical items, the seller offers to ship within the delivery area specified by the seller to the delivery address specified by the buyer. In case of any doubt, the delivery address stated in the seller’s order processing shall be decisive and determinative.
If the delivery of the data carrier or the physical items fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. The risk of accidental loss and accidental deterioration of any digital content subject to sale on the data carrier shall pass to the buyer as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or company designated to carry out the shipment.
Self-collection of digital data or physical items on a data carrier is not possible.
Unless otherwise stated in the product description in the online shop, the seller hereby grants the buyer the non-exclusive and local right of use (without temporal restriction) to the contents directly (and exclusively) by the buyer himself within the scope of the buyer’s usual activities. A transfer of contents to third parties or the creation of copies for third parties is not permitted unless the seller has agreed in advance in writing or in text form to a transfer of the licence, which is the subject matter of the contract to the third party. There shall be no entitlement to consent.
Insofar as the contract relates to a one-off provision of digital content, the granting of rights shall only become effective when the buyer has paid the remuneration owed in full and without revocation. In exceptional cases, the seller may provisionally permit the use of the contractual content even before this point in time. A written assurance (or an assurance in text form) is a necessary prerequisite for this. However, such consent does not yet constitute a transfer of rights.
Insofar as nothing to the contrary results from the following provisions, the provisions of the statutory liability for defects as per the German Civil Code (BGB) shall apply.
The following shall apply in deviation thereof: if the buyer is acting as an entrepreneur, the seller has the choice of the type of subsequent performance. In principle, the limitation period for the assertion of claims for defects is one year from the date that possession is taken. The limitation period shall not start anew if a replacement delivery has been made within the scope of liability for defects.
The buyer’s claims for damages and reimbursement of expenses shall remain unaffected. The same shall apply to the rights of rescission due to fraudulent concealment of defects.
If the buyer is a merchant within the meaning of Section 1 German Commercial Code (HGB), any rights and obligations shall be governed by the German Commercial Code (HGB). Express reference is hereby made to the obligation to perform an inspection and give notice of defects in accordance with Section 377 German Commercial Code (HGB). Should the buyer disregard (or fail) to comply with the obligations pursuant to Section 377 German Commercial Code (HGB), the goods shall be deemed to have been approved.
The digital content is provided for use in the “Domemaster format”. The technology required to this end shall be provided and kept available by the buyer.
The digital content also contains visual information that has been individually produced by the seller within the scope of the design means available to him.
The digital content is subject to copyright protection, in particular, Section 69a et seq. German Copyright Act (UrhG). Due to copyright protection, the buyer may not make any changes, translations or reproductions of the digital content – be these partial or temporary – of any kind, and by any means. Duplications are permitted for the purpose of data backup. The buyer is hereby granted the general right of demonstration. The printing out of the programme code also constitutes an unauthorised form of reproduction. In principle, the digital content or parts thereof may not be passed on to third parties. Employees of the buyer are generally not considered third parties in the aforementioned sense. Even in the event of physical access, the buyer shall store the digital content in such a way that unauthorised persons do not have access. This also applies to the maintenance of backup copies and open network applications. Appropriate security measures must be taken.
The buyer is only authorised to make changes, extensions or other modifications to the software within the meaning of Section 69c No. 2 German Copyright Act (UrhG) to the extent that this is also permitted by law. Potential fault rectification (or fault rectification efforts by the buyer himself, or by a third party commissioned by him) shall render any warranty claim null and void insofar as the seller has not given his consent thereto. There shall be no entitlement to consent.
The buyer shall only be entitled to decompile within the limits of Section 69e German Copyright Act (UrhG) and only if the seller has not provided the necessary data and/or information to establish interoperability with hardware and software after a written request issued with a reasonable period of time.
Unless the buyer has been expressly granted rights under this contract, all rights to the subject matter of the contract, as well as any copies made – in particular, copyright, the rights to inventions and to technical property rights – shall belong exclusively to the seller. This shall also apply to any processing of the subject matter of the contract by the seller. This shall not affect the buyer’s ownership of the respective data carriers of such copies.
The seller hereby prohibits the buyer from affixing any copyright notices, marks or other signs or combinations of signs which alter (or otherwise interfere with) any copyright notices, marks or combinations of marks affixed by the seller.
The buyer hereby confirms that he is acting as an entrepreneur, a legal entity under public law or a special fund under public law within the meaning of Section 310 (12) German Civil Code (BGB). There is, therefore, no statutory right of withdrawal. A contractual right of withdrawal is not granted.
The seller shall only be liable for warranted characteristics in the event of gross negligence or intent in accordance with the statutory provisions.
Liability for simple negligence is excluded insofar as neither a primary contractual obligation has been breached, nor liability for default exists.
Attention is hereby drawn to the fact that it is not possible to create software in such a way that it runs completely, continuously and in an error-free state in all applications and combinations, especially also in use with different hardware components.
It is the buyer’s responsibility to comply with (and adhere to) the hardware and software specifications provided by the seller.
The applicable law for all legal relations between the parties shall be the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods.
If the buyer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office in Bochum, North Rhine-Westphalia, Germany. If the buyer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract (or claims arising therefrom) can be attributed to the commercial or regular activity of the buyer. It is irrelevant as to whether the activity is a profit-making activity or not. In any case, the seller shall also be entitled to bring legal action at the respective court at the buyer’s place of business.