General Terms and Conditions of Postando GmbH
1 Scope of application and legal basis
The following general terms and conditions include a pre-formulated simplified clause, which is the contractual basis between the operator of the Internet platform http://www.postando.de, the Postando GmbH, and you, as a customer or client. We hereby expressly point out that other general terms and conditions, e. g. from the client, do not apply in any way.
The client is a consumer as long as the purpose of the ordered services cannot be attributed to his commercial or independent professional activity,whereas an entrepreneur is any natural or legal person or legal company who is acting in the exercise of his commercial or independent professional activity when the contract is concluded.
2 Conclusion of contract
By ordering our services via our application, the customer acknowledges our general terms and conditions. The order is finalized when the payment method is confirmed; then it is considered to be legally binding. Subject to the fact that the client transmits illegal contents or violates applicable law, the operator is entitled to withdraw from this contract.
3 Scope of services
The contract includes the production and transmission of a Postando (post- or greeting card) designed by the customer to an address specified by the customer.
The transport of this Postando will be carried out by a postal company selected by Postando.
The operator’s service is accomplished once he has transmitted the Postando to the mail-order company.
The operator is not obliged to check the transmitted data for correctness, completeness or for compliance with legal provisions.
The operator does not assume any liability for any defects caused by the data transmitted by the customer.
In the context of promotion or voucher campaigns which allow the customer to send one or more free or price-reduced Postandos, the operator reserves the right to place recommendations or advertisements of other companies on these postcards.
4 The customer’s obligations
The customer is obliged to check the data for correctness before transmitting them to the operator. This applies especially for the quality and the print space of the inserted graphics, but also for the correctness of the indicated receiver’s address. A control by the operator does not take place. The customer assumes the risk of undeliverability to the transmitted receiver data.
Any defects caused by the operator have to be reported to the latter without delay. After two weeks, the operator is released from any recourse claims.
5 Prices, maturity and reminders
The prices indicated by the operator are final prices and include the legal VAT and all dispatch costs. The payment is due in advance immediately after the conclusion of the contract. The payment is carried out via a payment method selected by the customer, who can choose from the following methods: credit card, voucher, direct banking and PayPal. Credit card and direct banking billings are carried out by PAYONE GmbH ·Fraunhoferstraße 2-4 · 24118 Kiel, Germany – Company domicile: Kiel – District court Kiel HRB 6107 – Chief executive manager: Carl Frederic Zitscher, Jan Kanieß – A company of Sparkassen-Finanzgruppe.
Depending on the payment you choose, the terms and conditions of the selected payment service provider apply.
The customer will respect the applicable law concerning the pictures, graphics or photos that he transmits to the operator in order to produce a Postando, and also concerning the content of his personal message that he wants to be transmitted to the receiver. The customer will ensure that no third party’s rights, especially copyrights and privacy rights, will be violated.
The customer will release the operator from all kinds of third party claims deriving from the illegality of the pictures transmitted to the operator in order to produce a postcard, from the content of the personal message written to the receiver of the postcard and/or from the violation of any third party’s rights. Furthermore, the customer will also bear the reasonable costs of the operator’s legal defence.
To produce and to dispatch the Postando, the customer grants the operator a simple right to use the transmitted pictures, photos and texts; this simple right of use is unlimited in time and scope.
The operator cannot be obliged to produce and / or dispatch postcards that are obviously contrary to accepted morality or that violate any legal provisions. The operator will immediately inform the client about the non-execution of an order.
If a file transmitted by the customer violates applicable law, in particular copyrights, competition rights or other rights of third parties, the client releases the operator from any rights of third parties.
The User agrees to comply with all laws and regulations regarding the visual photos sent through the Service. The User agrees not to store, download or send anything prohibited, illicit, illegal, contrary to morality, decency or public order and damaging or as likely to infringe the rights of third parties. The User declares to be the legal owner of all photos used in connection with the Service and that they are free from all duties. The User may not store or transmit files that violate the proprietary rights of others, such as text, images, trade secrets, proprietary or confidential information. This list is not exhaustive. The User may not store or transmit images that reveal personal or private affairs of any person without the express prior agreement. The User agrees that each person depicted has given its consent to the use and dissemination of his image.
We reserve the right not to produce and not to send postcards with content such as racist, obscene and discriminatory images or other illegal content and postcards that, in our view, breach the rights of third parties or risk doing so.
Although we prohibit the uploading of certain types of image to the Platform, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear on the Platform or in connection with the Services which are unlawful or offensive and contravene our restrictions on content. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay at: email@example.com
7 Liability and warranty
The operator does not accept any warranty for differences in colour between the print products and the original data. Furthermore, no complaints will be accepted that can be traced back to a faulty quality of the original picture, e. g. if the resolution of the original picture is not sufficiently high.
The operator will produce all orders at the shortest possible notice. Thus, an insignificantly late delivery does not authorize an acceptance refusal. We do not assume any liability for defects caused by transport.
The warranty is subject to the statutory provisions. In addition, no further guarantees of the operator apply.
8 The right of withdrawal
Basically, consumers acc. § 355 BGB (German Civil Code) have the right to revoke contracts concluded outside of business premises and distance agreements pursuant to § 312 d BGB within 14 days without giving any reasons.
However, the service offered by the operator is customized for the individual client and for print products especially designed for his needs. § 312 g para. 2 no. 1 BGB (German Civil Code) excludes in all such cases the principle of revocation. Therefore there is no right of revocation.
9 Data protection
The operator takes the protection of your personal data very seriously. You can read our privacy statements to learn if and how we use your data.
10 Other provisions
There are no additional or different provisions on these general terms and conditions.
These general terms and conditions as well as the relationship between the customer and the operator are exclusively governed by German law.
This choice of law only applies towards a consumer if no compulsory statutory provisions of the state in which he is domiciled or habitually resides are restricted. UN purchase right is excluded. Subsidiary agreements and amendments to the contract require the text form. In commercial transactions with merchants, legal persons under public law or public special funds, the place of jurisdiction for legal actions is the place of business of the operator. As long as claims of the operator are not asserted in the dunning procedure, their domicile determines the jurisdiction for non-merchants. The place of performance is Frankfurt am Main.
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.
Instead of the ineffective provisions, the statutory provisions shall apply.
11 Information about the site owner