1. Scope of application
The business relations between FinisherPix L.L.C. and the purchaser will be exclusively governed by the following General Standard Terms and Conditions in the version provided on the Internet at the time of the order. The General Standard Terms and Conditions may be saved onto the purchaser’s computer and/or printed out for the purposes of the online order.
2. Contracting parties
The contract is concluded between the purchaser and the company FinisherPix L.L.C., which is based in Raleigh, North Carolina.
3. Conclusion of the contract
FinisherPix reserves the right to modify, amend or delete parts of the website or all service offerings without notice and to suspend or terminate the publication.
By placing his/her order via the online form, in writing or over the telephone specifying the size and the number of the desired photos the purchaser makes a binding offer. FinisherPix will accept this offer either by sending an e-mail confirmation or by delivering the ordered merchandise.
The photos will be supplied at the prices valid on the day on which the contract is concluded and indicated on the website of FinisherPix. The final price is composed of the order value and all applicable shipping charges and/or taxes. All prices are based on US Dollars. The prices include the respectively applicable statutory VAT.
If the merchandise is sent to countries outside the EU, additional clearance charges and/or taxes which are outside the control of FinisherPix may be incurred. Any such clearance charges and/or taxes are to be paid by the purchaser.
5. Delivery, shipment
Unless otherwise agreed by the purchaser and FinisherPix, delivery of the ordered merchandise will be made according to the regulations stated on the website. Delivery will be made at the purchaser’s expense and risk. FinisherPix may deliver the merchandise by installments.
The purchaser may not claim damages for any default of delivery on the part of FinisherPix unless the default is caused intentionally or by gross negligence.
The purchaser may either pay by credit card or by the electronic direct debiting service.
Payment is considered to be made on the day on which FinisherPix has the money at its disposal.
In the event of default by the purchaser FinisherPix is entitled to charge default interest according to the statutory rate of interest. If any additional provable loss should be incurred as a result of the default, damages can also be claimed for this loss.
If it should be impossible to debit the purchaser’s account due to insufficient cover or incorrect banking details, the purchaser will have to reimburse the handling fees incurred for the return debit and all other damages and expenses to FinisherPix.
The purchaser may only offset debits against credits if his/her counterclaims are legally enforceable or not contested by FinisherPix.
8. Exchange and refund
Digital photo orders, pre orders and videos are non-refundable.
9. Reservation of ownership
Until all items covered by the same order are fully paid, the merchandise remains the property of FinisherPix.
10. Rights on the pictures
The copyright on the pictures as well as all industrial property rights, publishing rights, and utilization rights remain exclusively with FinisherPix. The purchase of a picture does not involve the explicit or implicit cessation of any rights.
Any publication or other commercial use of the purchased pictures requires the previous written permission of FinisherPix.
The purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to reproduce the photos absolutely true to the original. Therefore the electronic pictures can only convey an approximate impression of the original picture. The original pictures may in some cases differ significantly from the electronic sample in terms of sharpness, richness of detail, contrast, and color. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and color scale can change the impression of sharpness. Furthermore features such as the granularity of the film can not be depicted in the samples.
12. Warranty for defects
An item is considered defective if it does not meet the technical standard for digital photo and image processing. The purchaser will have to give notice of any patent defects of the delivered merchandise immediately upon delivery. In case of hidden defects the purchaser will have to give notice immediately after their detection within the statutory warranty period of 24 months.
In the event of a justified complaint FinisherPix may at first make a substitute delivery. If such a substitute delivery should be impossible or fail, the purchaser will be entitled to demand the cancellation of the contract or a reduction of the purchase price. If the purchaser decides to withdraw from the contract, he/she will have to return all items to FinisherPix L.L.C., 176 Mine Lake Court, Suite 100, Raleigh, NC 27615, USA. The forwarding charges will be assumed by FinisherPix. Apart from this, warranty is given according to the regulations of the purchase law.
The liability of FinisherPix is limited to defects of the merchandise itself occurring prior to the dispatch of the order. The purchaser may not lodge any claims going beyond the above on any legal basis whatsoever. In particular FinisherPix accepts no liability for delayed delivery nor for any damage or loss of files on the purchaser’s own data carriers, the data carriers of FinisherPix, any networks or during electronic data transmission.
FinisherPix does not give any guarantee as to the qualities of the products. It only accepts the liability for any guaranteed qualities if it has explicitly given such guarantee in writing.
The above limitation of liability does not apply to cases of gross negligence or willful misconduct on the part of FinisherPix.
14. Data privacy/ data protection
The purchaser knows and agrees that his/her personal data which is required to process and file the order is stored on data carriers. He/she explicitly permits the capture, processing, and use of his/her personal data. The data processing will be carried out according to the Federal Data Privacy Law (BDSG) and the Teleservice Data Privacy Law (TDDSG). All data will be kept confidential by FinisherPix.
The purchaser may revoke his/her permission at any time with immediate effect for the future. FinisherPix undertakes to delete the personal data immediately if the permission is revoked unless the order transaction has not been fully completed.
15. Links and references
FinisherPix can only be held liable for any direct or indirect references to third-party websites (hyperlinks) which are outside its control if FinisherPix is aware of any possible illegal content and has the technical possibility and can reasonably be expected to prevent access to such illegal content.
FinisherPix hereby explicitly declares that no illegal content was discernible on the linked websites when the links were set. FinisherPix has no influence whatsoever on the current or future design, content or copyright ownership of the linked sites. Therefore FinisherPix hereby explicitly distances itself from the content of all linked sites which have been altered since the link was set. This affirmation applies to all links and references on the website of FinisherPix and to the statements of third parties in guest books, discussion forums, and mailing lists provided by FinisherPix. FinisherPix does not accept any liability for any illegal, incorrect or incomplete content and particularly not for any damage caused by the use or non-use of any information thus provided.
16. Place of performance, place of jurisdiction, and applicable law
Any litigation in connection with this business relationship shall be exclusively governed by German law. The UN Purchase Law shall not apply. Frankfurt on the Main shall be the agreed venue if the purchaser has no residence or habitual abode in Germany and no other general place of jurisdiction when the proceedings are instituted or if the purchaser is a businessman and acts in this capacity.
17. Severability clause
If any provisions of these General Standard Terms and Conditions and/or the supplementary contract should be or become invalid, this shall not affect the validity of the remaining clauses which will still be binding on both parties. In this case the parties hereto will try to agree on an alternative ruling allowing for the mutual interests of both parties which will to the most possible extent correspond to the intended commercial purpose of the invalid provision.