General Terms and Conditions of Business myVideoMedia GmbH for services rendered
For the delivery of products (as of 01.06.2003)
1.1 myVideoMedia GmbH operates an internet page that enables it to receive orders for the production and the dispatch of products such as photographs and photographic products protected by copy right in the sense of Â§ 72 UrhG via their highly dynamic web site.
1.2 myVideoMedia GmbH can refuse any order of a customer without stating reasons, in particular if said customer has peviously transgressed against the arrangements of the general business conditions. In this case objections and claims of any kind by the customer are impossible.
2. Prices, Packaging
2.1 All Prices are given including the legal sales tax and excluding dispatch charges, at which the respective regulations of the sales tax law are to be considered for the transfer of copyrights.
The calculation of sales tax on services rendered is done in accordance with Â§ 3 a UStG (without engagement applies: Services into EU-countries exclude sales tax if the recipient is entrepreneur. Otherwise sales tax is included. For services into non EU countries sales tax is excluded). Other legal regulations apply for deliveries.
The prices are set at the time of order as given in our catalogue and our website. The prices in the catalogue become void when a new catalogue is published. For orders via the website the prices given on the site at that time are valid.
2.2 The dispatch charges are given in the dispatch charge table The dispatch charges include the legal sales tax. The receiver bears any customs charges.
2.3 If photographs are originals, the customer is obliged to return these to the company at own costs after contractually specified usage. Should he fail to do this in spite of two written reminders myVideoMedia GmbH is authorized to charge a loss charge. This amount for every photographic original (for example negative, diapositive, polaroid etc.) comes to five times the originally agreed upon fee, at least, however, EURO 1.500.
3. Conditions of Payment
3.1 For deliveries via the website payment can be made either by cash on delivery or credit card. The Charges for cash on delivery are added to the sales price. Deliveries into outer- european countries can only be made by advanced payment.
3.2 In case of delayed payment myVideoMedia GmbH is entitled to calculate the additional expenditures arising when cash on delivery is not accepted. (Return costs, packaging).
4. Risk of Loss, Early Notice, Additional Costs
4.1 If products (reprints, diapositives, negatives or CD’s/DVD’s) are delivered the risk passes on to the customer as soon as the order is handed over to another party for transportation. If the delivery is delayed at the request of the customer, the risk is transferred to him by announcement of readiness for dispatch.
4.2 If the customer cancels the contract for production of new photographic material before the order is executed, myVideoMedia GmbH can, without further proof of damage, demand a compensation of 20 % of the agreed upon fee. The customer has the possibility of proving the appropriateness of a lower amount
4.3 If the customer cancels an order after the start of production but before completion, my VideoMedia GmbH is entitled to charge the full amount of the agreed fee.
5.1 myVideoMedia GmbH reserves all rights to the photographs and photographic material in the sense of Â§ 72 UrhG
5.2 The customer agrees to be obliged, not to undertake any actions which injure the rights of myVideoMedia GmbH. and especially to ensure the non- interference of any third party on these rights.
5.3 The customer recognizes the exclusive usage right (Â§ 15 UrhG) of myVideoMedia GmbH
5.4 myVideoMedia GmbH grants usage rights to the customer in terms of Â§ 31 UrhG depending in detail on the agreed upon kind of use.
5.5 Copying, distribution and tempering of any sort is only allowed if arranged with the company and agreed upon in writing.
5.6 During the use of products of myVideoMedia GmbH the company has the right to claim itself or a third party as the originator.
5.7 myVideoMedia GmbH has claim to three specimen copies after publication of the product by the customer.
6. Privacy of Personal Information
Personal information is saved in order to wind up the contract relationship and for purposes of advertising. myVideoMedia GmbH will follow the legal requirements of the protection of privacy. On demand, personal information will not be used for direct marketing.
7. Non Disclosure
Any revealed confidential company information, which is marked or obvious as such of the contract partner will be handled confidentially, also after completion of the contractional relationship.
The transfer of any claims from the authorized user by legal relationship with myVideoMedia GmbH to third parties is not possible.
9.1 Liability for intended negligence is unlimited. In case of intended negligence, the company is liable for typical damages foreseen by contract.
9.2 In case of minor intended negligence the company is only liable for violation of contractual responsibility or damages by defects of title and lack of assured characteristics in an individual case up to the amount of Euro 1000 ,-
9.3 Personal loss or damage to privately used products according to the law of product liabilitiy, are not taken into account.
9.4 myVideoMedia GmbH cannot be held responsible for delayed delivery, especially because of factors not influenceable by the company, individual conflict, measures taken by the authorities, unforeseen unavailability of transport or lack of energy and other unavoidable occurences, also if these circumstances can be accredited to a sub- contractor of myVideoMedia GmbH In this case the company is not obliged to provide full service.
9.5 Liability for cosequential damage is restricted to intended or negligently caused damage, if no assurances were given to prevent or compensate such damage.
9.6 For damages caused by a special request of the customer, myVideoMedia GmbH is not liable, no matter by which legal claim, as far as myVideoMedia GmbH could not recognise the risk of damage. If myVideoMedia GmbH pointed out a possible risk of damage and the customer still claims right of compensation due to reasons of instructions of execution, any compensation is not possible.
10.1 These conditions of business are valid between the company and any customer in all cases of business relations between these two parties even if not individually offered to any such customer.
10.2 These conditions are agreed to as soon as services of the company are taken up. Any conditions of business the customer might add do not apply.
10.3 Should the company intend to change any conditions of service it will notify the customer accordingly and give him the opportunity to object to such changes within the time of two weeks.
10.4 Should the customer oppose aforementioned changes myVideoMedia GmbH can either uphold or cancel any contract when these changes fall into place.
10.5 If any deviations of these conditions of business are agreed upon, this needs to be done in written form. Place of settlement for deliveries and services and payment of myVideoMedia GmbH is Altrich.
10.6 Exclusive place of jurisdiction is Altrich. This declaration is valid for non-businessmen only for lack of a domestic jurisdiction. The law of Germany applies.
10.7 Should individual agreements of the business conditions proove invalid, the validity of the remaining agreements is not osculated by that.
10.8 Secondary agreements or deviations from these general business conditions need written form. Secondary agreements are not made.
10.9 In the case of the inefficacy of individual agreements of this contract or the general business conditions or should they be incomplete, the validity of the remaining agreements remains unchallenged. An inefficient arrangement is replaced by such, which is efficient and closest matches the found agreement economically. The same is valid for the case, where individual aspects are not prearranged.
10.10 German right is valid under exclusion of the UN purchase right.
Altrich, the 1.11.2009