1. General terms (1) All agreements with canvasi.com are effected exclusively on the basis of these General Terms and Conditions or of the General Terms and Conditions of canvasi.com respectively as amended at the time the order is placed. (2) Provisions that deviate from these terms require a written agreement or a written confirmation respectively by canvasi.com. Regulations deviating from these General Terms and Conditions are hereby expressly rejected. (3) In commercial dealings, these General Terms and Conditions do also apply to all future business relations even if not agreed expressly again. We do accept orders placed verbally, by phone or by electronic means only if our applicable GTC are included. (4) All General Terms and Conditions subject to German law. 2. Conclusion of the agreement (1) The offers shown on the Internet side of canvasi.com constitute a non-binding invitation to the customer for ordering products with canvasi.com. (2) Clicking on the order button is the customer''s binding offer for concluding the intended agreement. The offer is accepted by mailing an order confirmation. Such order confirmation is made within 48 hours through canvasi.com by sending an e-mail. The offer is considered as rejected after a set term has expired futile. 3. The customer''s obligations (1) The customer is solely responsible for the contents of the transmitted image files. It is taken for granted that the customer has all required rights in the transmitted work, files and images as well as in archiving image data. The customer does particularly guarantee - That the patterns (particularly image and text files), contents and materials, which are sent to canvasi.com, do not infringe any copyrights or licenses, trademark rights, rights to privacy or other third-party rights; - That no illegal, violence glorifying, inflammatory and racist patterns, materials and contents, means of propaganda, symbols of unconstitutional parties or of their substitute organizations, or directions for committing offences; pornographic patterns, materials or contents, the subject of which is the sexual abuse of children or sexual acts with animals, and that even no discriminating statements or descriptions regarding race, sex, religion, nationality, handicap, sexual inclination or age are sent to canvasi.com; - That no laws protecting young people or criminal laws are violated – this does particularly apply to the statutory regulations of Secs. 184 ff. Criminal Code (Distribution of Pornography), 185 ff. Criminal Code (Insult, Slander, Defamation) as well as to the provisions of the Youth Media Protection State Treaty. (2) In the event that such rights are infringed, the customer exempts canvasi.com from any third-party claims. The customer shall support canvasi.com in defending the assertion of such claims should the occasion arise. The customer shall bear the costs (representation by a lawyer, court fees, fines etc.) accrued by this. (3) canvasi.com is not obliged to perform services that would cause canvasi.com violating a law. In such cases, canvasi.com is entitled to refuse to provide the service and to withdraw from the contract. Should contents of files sent by the customer infringe penal regulations, canvasi.com reserves the right to lay an information against the customer. 4. Images from an image catalog Panther Media GmbH provides the images from the website''s image catalog. The Terms of Image Use of Panther Media GmbH apply to this. Any separate consideration for using those images does not accrue. 5. Granting a license For the execution of the agreement, the customer grants canvasi.com the right (unlimited in time and territory) to use the provided image data for the services to be rendered as part of the performance of the agreement. This does even include the storing, reproduction, and processing of the contents. This does also include the right to make available individual images to a third party for the recovery of defects should the occasion arise. 6. Data backup When the order is placed, it is taken for granted that the customer is backing up his data records even beyond the time the work has been delivered to him. The customer cannot claim that canvasi.com is backing up the data, which he has sent. 7. Prices (1) All mentioned prices are inclusive the applicable statutory VAT, but excluding the costs for packaging and shipment. (2) We will invoice the costs for packaging and shipment separately according to our price list. (3) Only the prices and costs for shipment that have been communicated at the time the order was placed are decisive. 8. Terms of payment (1) Deliveries by canvasi.com are made only with payment in advance. Payment is effected by transferring the due amount into an account of canvasi.com. The order will not be executed before that amount has arrived. (2) If there has not arrived any money in the account mentioned in the confirmation within 14 (fourteen) days following the conclusion of the agreement pursuant to Sec. 2 of these GTC, canvasi.com shall be entitled to cancel the order and to withdraw from the contract. 9. Prohibition of setoff, rights of retention (1) The customer is not entitled to set off payment claims of canvasi.com against his own claims, unless the customer''s claims are indisputable or have become res judicata. (2) The customer is not entitled to cite rights of retention (even because of notified defects) to canvasi.com in opposition to its payment claims, unless such rights result from the same contractual relationship. 10. Right to revocation The products ordered with canvasi.com are manufactured according to customer specifications or have explicitly been customized to the customer''s personal needs. Hence, there is no right to revocation pursuant to Sec. 312d Sub-clause. 4 No. 1 Civil Code with orders for individual imprinting on canvas. 11. Terms of delivery (1) Delivery is effected by sending the products to the delivery address communicated by the customer on the conditions explained on the website. (2) Time of delivery is 14 (fourteen) days. Every delivery is subject to the reservation that canvasi.com itself has received its deliveries properly. (3) canvasi.com is entitled to make part deliveries. Default in delivery by canvasi.com does not entitle the customer to damage claims, unless canvasi.com has caused such default intentionally or gross negligently. (4) If delays in delivery are based on reasons, for which canvasi.com cannot be made responsible (e.g.. force majeure, third-party faults etc.), the time limit will be extended reasonably. canvasi.com will notify the customer of such extension promptly. Should the reasons for that delay last longer than four weeks following the conclusion of the agreement, each party is entitled to withdraw from the contract. 12. Liability, Warranty (1) With the exception of harming one''s life, body and health and violating material obligations of the agreement (crucial duties), canvasi.com is only liable for damages that may be attributed to intentional or gross negligent behavior. This does even apply to consequential damages like particularly to lost profit. Claims to liability based on Product Liability Law remain unaffected. (2) With printed matters slight deviations in the shade (depending on the manufacture and printing technology), in the dimensions and in the format as well as in material and surface qualities cannot be avoided. Such deviations do not entitle the customer to notify a defect. There is no material defect if the delivered quality meets the technical standard of digital photographic development and processing. There is no material defect either, if the loss of quality is caused by insufficient quality of the image files sent by the customer (e.g. "resolution" of the original image files). Any special quality of the products to be delivered is not agreed. (3) If there is a defect in the ordered products, canvasi.com is committed to remedy the defect or to replace the delivered products. Should canvasi.com not meet its duty to remedy within a set time limit of 14 (fourteen) days or if two attempts of remedy fail, the customer is entitled to withdraw from the contract, to reduce the purchase price, to damages and to compensation of wasted expense. 13. Final provisions (1) If the customer is a businessman, a legal entity under public law or a special fund under public law, Aschersleben shall be the exclusive legal venue for all disputes out of this agreement. The same applies if the customer does not have a general place of jurisdiction within this country, a customer has moved his domicile or his usual place of residence abroad after the agreement has been concluded or his domicile or his usual place of residence are unknown at the time an action is filed. In addition, canvasi.com is entitled to file an action against the customer at his general place of jurisdiction. (2) The agreements concluded by canvasi.com based on these General Terms and Conditions and the claims resulting from such - irrespective of whatever nature - are governed by the laws of the Federal Republic of Germany exclusively. |