General Terms and Conditions

Albendirekt®

§ 1 General Provisions

(1) All products and services offered by Albendirekt® are subject to the General Terms and Conditions. The use of the online information about Albendirekt® and its products and services is subject to the following Terms of Use. The range of our products is addressed to the consumers. Any alterations of the General Terms and Conditions concerning a single contract should be in a written form and approved of Albendirekt®.

(2) In case of special promotions for a certain period of time another trade and delivery conditions could be applied. Albendirekt® will separately indicate them.

(3) Albendirekt® reserves the right to alter the General Terms and Conditions for current contracts as well, assuming there is no neglect of the customers’ interests, i.e. the customer does not have any economic disadvantages. The customer will be informed in written or per e-mail. The alteration will be in force if the customer does not reject it within 6 weeks after being informed. In case he rejects it Albendirekt® reserves the right to cancel the contract.

§ 2 Closing a Contract

(1) All online offers for products and services provided by Albendirekt® are open.

(2) An order placed with Albendirekt® in written or per e-mail is considered a firm offer.

(3) The order is considered as being in force by Albendirekt® if it gets confirmed within 10 business days or the delivery takes place.

§ 3 Prices

(1) The orders are completed on the prices, which are valid on the day of order. The prices can be viewed on the Internet site.

(2) Albendirekt® reserves the right to correct inaccurately indicated prices without prior notice.

(3) All prices are in Euro, incl. the value added tax, excl. packaging and shipping costs. The latter can be viewed while placing the order. There can be higher shipping costs and additional customs fees and import duties for deliveries to non-EU countries. Albendirekt® will separately indicate them. These charges are always the recipient’s responsibility.

(4) The customer can choose the mode of payment: bank transfer – (only for prepayment), direct debit, bank collection or credit card (only for Internet orders). Albendirekt® reserves the right to reject a certain mode of payment or to deliver only against cash in advance.

§4 Shipping

(1) Albendirekt® delivers under customary in trade conditions.

(2) Albendirekt® determines the kind of transportation and the route, as long as the customer does not wish another way of transportation, in which case he is responsible for the additional costs.

(3) No additional costs are charged for partial shipments if they belong to the same order.

(4) If a customer places several orders, they will be separately shipped and charged.

§ 5 Payment

(1) The customer can choose the mode of payment.

(2) If the bank returns the direct debit, the customer is to pay the bank charges.

(3) If the direct debit is chosen the sum will be collected after 7 calendar days.

§ 6 Offsetting and Right of Retention

(1) The customer has the right to set off only if his counterclaims are valid, uncontested and accepted by Albendirekt®.

(2) The customer has the right of retention as long as his counterclaims concern the same contract.

§ 7 Terms of Delivery

(1) Albendirekt® is not obliged to deliver if the customer is in arrears with his obligations.

(2) The indicated delivery time is not binding – it depends on the availability of the ordered item.

(3) Albendirekt® has the right to fulfil an order in partial shipments.

§ 8 Right of Withdrawal

(1) The customer has the right to return the ordered items within 14 days after receiving them. This does not affect:

o Items made after customer’s specification (e.g. Indexalbums, Photos, Photo Gifts, Photobooks);

o Data media (e.g. CDs, DVDs);

o Items, which have been carelessly damaged by the client.

The price and the postage costs will be refunded to the customer.

(2) A copy of the invoice should accompany all returned items. They have to be post paid, should there be no other arrangements.

§ 9 Warranty for Defects, Accountability

(1) Albendirekt® reserves the right to remove defects if items or services do not meet the expected or promised quality. If these amendments fail, the customer has the right of price reduction or cancellation of the contract. Only deficiencies, which can be removed according to the present stand of technical development, can be regarded as objective deficiencies. If the defects are small and do not influence the usage of the product, they will not be accepted as deficiencies. That applies to colour accuracy, as well. If the customer’s complaints are justified, he has the right to get the defect item amended or replaced, however to the price limit of the material costs for this product.

(2) The stipulation above does not apply to flaws and deficiencies caused by prior negligent handling (e.g. a defect CD-ROM or a film destroyed through electromagnetic fields).

(3) The customer is obliged to check the purchased product after receiving it and immediately or not later than 10 days make a complaint with Albendirekt® should there be a defect or damage.

(4) For damages or lost of data stored on a customer’s own data medium (e.g. photo data) Albendirekt® is liable only to a certain extent – the costs reasonably necessary to restore the lost or damaged data. Albendirekt® is in no way liable for any financial losses or loss of profit.

(5) The complaints are to be in a written form – via post, e-mail or fax.

(6) If no complaints are made within the stipulated time, the defects of the products or services are regarded as accepted. In such a case the duty of warranty for defects is excluded.

(7) In case of a justified complaint the customer is to allow Albendirekt® an adequate period of time for rectification of defects.

§ 10 Ownership and Title

(1) Albendirekt® is the owner of the purchased product till the moment the total purchase value and additional costs are paid. In the event that the customer is in arrears with the payment Albendirekt® reserves the right to cancel the contract and reclaim the goods. The customer is responsible for the additional shipping costs.

(2) The customer is obliged to properly handle the goods until he pays the total sum for them.

§ 11 Copyright

(1) The customer has to warrant that he has all the rights to use or otherwise control the content of the material submitted to us as an order; he has to warrant, that this material does not breach any trademark rights and does not cause injury to any person.

(2) The customer alone is responsible for the breach of any of these rights.

(3) The customer agrees to indemnify Albendirekt® for all claims brought by a third party against Albendirekt® arising out of a breach of any of the above stated warranties.

§12 Industrial Property Rights / Copyright

(1) All content on this site, such as graphics developed by Albendirekt®, text, images, covers, background, layouts, etc., is the property of Albendirekt® (or the respective licenser). The customer pays for the provided services and not for any intellectual property rights, especially not for the right to reproduction.

§13 Data Back up

(1) Albendirekt® provides for a high data back up standard according to the present state of the technology. The customer is, however, responsible for the back up of the information, stored on his data medium. Albendirekt® is not liable for an extra back up.

§14 Examination and Removal of Content

(1) Albendirekt® has the right, but not the obligation, to examine and evaluate the content of the information. Albendirekt® reserves the right in its sole discretion to remove content if part of it or the whole of it is illegal, as well as to report this to the prosecution authorities.

§15 Data Handling and Data Protection

(1) Albendirekt® stores automatically on its server the personal information, gathered through the placing of orders.

(2) Albendirekt® gathers, stores and uses personal information only for the purpose of fulfilling the orders.

(3) Albendirekt® will save for 10 days the digital photo orders for the purpose of processing of complaints. Afterwards the data will be deleted.

(4) The data will not be used for advertising purposes without customer’s agreement in writing.

§16 Other Businesses

(1) Any additional agreements between the contracting parties require written form.

(2) Nürtingen is the place of execution.

(3) German law is to be applied under exclusion of UN Convention for the International Sale of Goods.

(4) The domicile of Albendirekt® is the place of jurisdiction if the customer is a registered trader or the other conditions of §38 of the Civil Action Order are existent. Albendirekt® reserves the right to choose another place of jurisdiction.

(5) If any of these conditions should be partially or totally deemed invalid, that shall not affect the validity of the rest of this condition or any remaining conditions. In this case the contracting parties are obliged to reach another agreement.

(6) The products and services of Albendirekt® are addressed to end customers. Invoices and other documents are to be issued according to this condition and should contain all the compulsory and prescribed information.

Stand: July 29th, 2006