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TERMS AND CONDITIONS

1. general terms and conditions for companies

§Section 1 Scope of application

For all orders placed with PIXLIP GmbH, with its headquarters in Raiffeisenstraße 17, 40764 Langenfeld (in the following "PIXLIP" or "we"), the following general terms and conditions apply.

Our contractual partners are referred to in the following conditions as "purchaser" or "you".

These general terms and conditions are also valid for future business relations, without us having to refer to them again. If a contractual partner uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

You can view and download the general terms and conditions of business at any time on this page.

§2 Contract partner, conclusion of contract

The purchase contract is concluded with PIXLIP.

We conclude contracts exclusively with contractual partners, who order the products offered by us for the purpose of their commercial or independent professional activity or within the scope of their official or business activities.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog.

For a binding offer you can use the order button provided for this purpose on our website. In this case a contract is only concluded through our acceptance.The automated order confirmation sent to you in this case does not constitute acceptance.

Acceptance is only effected by an order confirmation sent to you by us. Order confirmations are sent exclusively by e-mail or in writing. You are obliged to check the order confirmation immediately (without culpable hesitation) for its correctness and to assert errors in the order confirmation immediately. You are also subsequently entitled to prove that the contract was concluded with a different content.

We will also gladly send you an e-mail with an individually prepared binding offer in response to your inquiry sent by telephone, e-mail, fax or in writing. In this case a contract is concluded with your acceptance of this offer in writing.So in this case your acceptance of the contract is followed by a confirmation of order from us.

Subsequent changes to the contract require a new order confirmation to be effective. The new order confirmation issued in this way renders the previous order confirmation invalid to the extent that they are identical.

The languages ​​available for the conclusion of the contract are German and English.

We store the text of the contract in accordance with our data protection regulations. The data protection regulations can be viewed on our website in the corresponding category (LINK). With the acceptance of your order we send you the order data and our general terms and conditions by e-mail.


§3 performance

PIXLIP products are modular systems. The details of the service can be found in our product description [LINK] which is part of these general terms and conditions.

You can only make qualitative claims on the ordered goods to an amount, in which they can be made reasonably or customary for goods in the ordered price range.

Some important conditions regarding the prints used are especially pointed out here:


Prints

Prints can be reused once, as long as they are treated according to the product description. If guarantees are given in the product description or elsewhere, the prints are excluded from the guarantees.

In the case of reprints or the demand for colors that have already been used in a previous order, deviations in structure, color and / or luminous intensity of the prints compared to previous orders are reserved, as far as they are in the nature of the materials used, are customary in trade and cannot be technically excluded. In particular, we reserve the right to deviations among the prints which are due to the fact that we cannot reasonably obtain all prints from the same supplier. We reserve the right to deviations in the color of the prints compared to the print information provided to us, as far as these deviations are due to the nature of the materials used, are customary in trade and cannot be technically excluded.

The prints are adjusted to the respective system frames developed in the PIXLIP Module System and cannot be inserted into frame systems of third frame manufacturers.

Duty to cooperate in printing; simultaneous print approval

You are obliged to provide us with the information for the creation of the prints used in the module systems (print information).

If print information is made available by the buyer in compliance with the conditions stated below, this is considered as print release without requiring a separate release declaration.

This information is:

1. order number
1a. when ordering reprints, the complete and correct order number of the first print
2. name of the buyer and customer number,
3. a list of the files to be printed, in each case in PDF format; if the files are exclusively image files, the use of the file formats JPG, TIFF is also permitted;

- including allocation of the items mentioned in the order confirmation,
- including indication of the scale used,

4. if applicable, information on so-called transition motifs, ie those that extend over several individual frames, including a marked view file.

All colors must be created in the CMYK print color space; screen colors (RGB) cannot be processed. All spot colors are converted to CMYK approximate values.

In order to make it possible to check your print data, a file according to no. 3 may only contain one page at a time and must be named as follows: "frequency_your_company_name_width_height_scale_continuous-number.pdf".

The above information should be sent to: grafik@PIXLIP.com.

The buyer is liable for the contents that are sent to us. We reserve the right to reject print motifs whose presentation would constitute a criminal offense or which show racist, violence glorifying or pornographic motifs.


§4 Terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself.

We do not deliver to packing stations.


§5 Delivery time

A delivery time stated in our offer or the order confirmation begins at the earliest with the dispatch of the order confirmation.

Periods for delivery times stated in our offer or our order confirmation shall not commence for prints if we have not yet received the printing information according to §3.

In the case of subsequent changes to the contract, the date stated in the new order confirmation shall apply. Verbal promises of delivery times are invalid.


§6 Payment

Customs duties are passed on to the customer.

In our shop you have the payment via Paypal at your disposal:

You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further instructions during the ordering process.


§6a Additional General Terms and Conditions and Data Protection Notice of CB Bank

For purchases on account, we work together with CB Bank GmbH, Gabelsbergerstr. 32, 94315 Straubing (hereinafter referred to as "CB Bank"). If an effective purchase contract between PIXLIP and the purchaser is concluded when using the payment method purchase on account, we assign our payment claim to the CB Bank. With regard to the processing of these payments, the General Terms and Conditions of the CB-Bank also apply, which to this extent form part of these General Terms and Conditions. Regarding the data processing, our data protection regulations apply.


Section 7 Right of Withdrawal

Entrepreneurs are not granted a right of withdrawal.


§8 retention of title

The goods remain our property until full payment has been received.

We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.


§9 Damage in transit

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

§10 Warranty and guarantees

The statutory liability for defects shall apply.

Among merchants, the immediate obligation to inspect and give notice of defects as stipulated in § 377 of the German Commercial Code (HGB) shall apply; this obligation shall apply equally to contracts involving the delivery of movable objects to be manufactured or produced, § 381 para. 2 of the German Commercial Code (HGB). If you omit the notification of defects regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop. Insofar as guarantees are given in the product description or elsewhere, the prints are excluded from the guarantees.

An exchange of the goods in case of warranty is carried out by returning the defective goods, as far as the return is not unreasonable. A return label to be provided by us must be used for the return shipment.


§11 Liability for body, health and life

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

-in case of injury to life, body or health
-in case of intentional or grossly negligent breach of duty
-for guarantee promises, if agreed
- insofar as the scope of application of the product liability law is opened up.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract , the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.


§12 Online Dispute Resolution

Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.


§13 final provisions; place of performance; place of jurisdiction

The place of fulfillment is the domicile of PIXLIP, unless otherwise agreed.

German law is valid under exclusion of the UN-purchase right.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

A change of these general terms and conditions is only possible in writing.

2. general terms and conditions of PIXLIP GmbH for consumers

Dispute resolution for consumers: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

1 Scope of application

For all offers, deliveries and services based on orders placed with PIXLIP GmbH, with its registered office in Raiffeisenstraße 17, 40764 Langenfeld (in the following "PIXLIP" or "we"), the following general terms and conditions apply.

Our contractual partners are referred to in the following conditions as "purchaser" or "you".

You can view and download the general terms and conditions at any time on our website. However, the Customer can view past orders in his customer account without the General Terms and Conditions valid at the time of the order.


2 Contract partner, conclusion of contract
The purchase contract is concluded with PIXLIP.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog.


By placing an order in the webshop, using the order button provided for this purpose and accepting these General Terms and Conditions, the Customer submits a binding offer to purchase the product (s) in question.

We will send the customer an e-mail confirmation immediately after receipt of the offer via

the receipt of the offer. This confirmation is immediately an acceptance of the offer.

The languages ​​available for the conclusion of the contract are German and English.

We store the contract text according to our data protection regulations. The data protection regulations can be viewed on our website in the corresponding category (LINK). With the acceptance of your order we send you the order data and our general terms and conditions, our data protection regulations as well as the revocation instruction by e-mail.

3 Right of revocation

The right of revocation does not apply to distance contracts for the delivery of goods that are not are prefabricated and for their production an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer are tailored .

In addition, the right of revocation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

If the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and in the case of

conclusion of the contract in exercise of his commercial, self-employed or official activity, the right of revocation does not exist. See the General Terms and Conditions for Entrepreneurs.

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. In order to exercise your right of revocation, you must inform us (PIXLIP GmbH, Raiffeisenstraße 17, 40764 Langenfeld, Tel .: +49 (0) 2173 204 58 0, Fax: +49 (0) 2173 204 58 11, E- Mail: info@pixlip.com) by means of a clear declaration (eg a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will we charge you any fees for this repayment.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You shall only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary for the purpose of checking their condition, properties and functioning.


Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

- To PIXLIP GmbH, Raiffeisenstraße 17, 40764 Langenfeld, Tel .: +49 (0) 2173 204 58 0, Fax: +49 (0) 2173 204 58 11, email: info@pixlip.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in case of communication on paper)
- Date

(*) Delete as appropriate

Exclusion of the right of revocation

The right of revocation does not apply to distance contracts for the delivery of goods that are not are prefabricated and for their production an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer are tailored.

In addition, the right of revocation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.


If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and in the case of

conclusion of the contract in exercise of his commercial, self-employed or official activity, the right of revocation does not exist. See the General Terms and Conditions for Entrepreneurs.

4 Performance
PIXLIP products are modular systems.

Qualitative claims can only be made on the ordered goods in an amount, in which they can be made reasonably or commercially usual for goods in the ordered price range.

Some important conditions regarding the used prints are especially pointed out here:


Prints

Prints are once reusable. This applies only insofar as they are treated in accordance with the care instructions provided by us on our website or upon delivery. If guarantees are given, the prints are excluded from the guarantees.

In the case of reprints or the demand for colors that have already been used in a previous order, deviations in structure, color and / or luminous intensity of the prints compared to previous orders are reserved, as far as they are in the nature of the materials used, are customary in trade and cannot be technically excluded. In particular, we reserve the right to deviations among the prints which are due to the fact that we cannot reasonably obtain all prints from the same supplier. We reserve the right to deviations in the color of the prints compared to the print information provided to us, as far as these deviations are due to the nature of the materials used, are customary in trade and cannot be technically excluded.

The prints are adjusted to the respective system frames developed in the PIXLIP Module System and cannot be inserted into frame systems of third frame manufacturers.


Obligation to cooperate in printing; simultaneous print release

You are obliged to provide us with the information for the creation of the prints used in the module systems (print information).

We provide a special tool for this purpose on the website.

All colors must be created in the CMYK print color space; screen colors (RGB) cannot be processed. All special colors are converted into CMYK approximate values.

In order to make it possible to check your print data, a file may only contain one page at a time and must be named as follows: "frequency_your_company_name_width_height_scale_continuous-number.pdf".

PIXLIP is not liable for the contents, which are sent to us. We reserve the right to reject print motives, the presentation of which would obviously fulfil a criminal offense or which show racist, violence glorifying or pornographic motives.


5 Delivery, Prices, Payment
We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself. We do not deliver to packing stations. Unless otherwise expressly agreed, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.


Our prices include packaging, shipment to a delivery address (with the exception of

Saturday delivery) as well as the legal sales tax, but not the dispatch to several

Delivery addresses. Customs duties and similar charges shall be borne by the customer.


6 Liability for material defects and defects of title

If the delivered goods have a material defect, the customer may first request us to replace the demand rectification of the defect or delivery of defect-free goods. Should one or both types of this supplementary performance be impossible or disproportionate, we are entitled to refuse it.

We can refuse subsequent performance as long as the customer has fulfilled his payment obligations to us.

not fulfilled to an extent which corresponds to the defect-free part of the performance.

We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs; cost bearing is excluded insofar as additional costs are incurred by the transfer of the item to a place other than the place of performance.

If the supplementary performance according to paragraph 1 fails or is unreasonable for the customer or if we have refuse subsequent performance, the customer shall be entitled in each case in accordance with the applicable law, to withdraw from the contract, reduce the purchase price or claim damages or replacement of his to demand futile expenditure.

Further claims of the customer for whatever legal reason are excluded or limited according to § 7.

The warranty period is two years from delivery.

None of the above clauses shall constitute a change in the statutory or judicial distribution of the burden of proof is intended.

7 Withdrawal by the customer and other liability on our part The customer's statutory right of withdrawal shall - apart from the cases of § 6 - neither be excluded or limited. In the same way, any statutory or other contractual rights and claims are neither excluded nor limited.

We are liable without limitation only for damages resulting from injury to life, body or health.

health, which is based on an intentional or negligent breach of duty by us or a intentional or negligent breach of duty by our legal representatives or vicarious agents. We are only liable for other damages if these are based on an intentional or grossly negligent breach of duty by us or based on an intentional or grossly negligent breach of duty by our representatives or vicarious agents Furthermore, we shall be liable without limitation for damages due to non-compliance with guarantees and assurances as well as for claims arising from hazardous situations (in particular under the Product Liability Act) and for breaches of cardinal obligations. A possible liability according to the principles of recourse of the entrepreneur according to §§ 478 f. BGB remains unaffected.

In the event of a simple breach of a cardinal obligation, our remaining liability is limited to the

foreseeable damage typical for the contract.

Otherwise, liability - regardless of the legal basis (in particular claims arising from the

Violation of contractual main and secondary obligations, unauthorized action and other tortious liability) - excluded.

The same (exclusions, limitations and exceptions thereof) applies to claims arising from pre-contractual breaches of duty.

In the event of reimbursement of expenses (with the exception of those under §§ 439 II, 635 II BGB) the following shall apply according to this § 7.

An exclusion or limitation of our liability shall also apply to our statutory liability.

representatives and vicarious agents.

Cardinal obligations are essential contractual obligations, i.e. such obligations which are part of the contract.

and on which the contractual partner may rely; it is therefore a matter of the

essential rights and obligations which create the conditions for the performance of the contract and are indispensable for the achievement of the purpose of the contract.


None of the above clauses shall constitute a change in the statutory or judicial Distribution of the burden of proof is intended.

8 Assignment, Right of Retention, Offset

Assignments of claims of our customers against us are excluded. Of which  Excluded are claims for defects.

Our customers are not permitted to exercise a right of retention with respect to our claims, unless they are undisputed or legally established or ready for decision 

Claims.

A set-off of our customers' own claims against our claims is also excluded. are excluded, unless they are undisputed or have been legally established or are demands ready for decision.

9 Electronic invoice

The customer agrees to an invoice transmitted by electronic means.


10 Retention of title

We retain title to the goods delivered by us until full payment of the purchase price has been received.

price (including sales tax) for the product concerned.

During the existence of the retention of title, the customer may not sell the goods or

otherwise dispose of the property in this.

In the event of access by third parties - in particular by bailiffs - to the reserved goods, the

customer to our property and inform us immediately, so that we can

be able to enforce property rights.



In the event of conduct on the part of the customer in breach of contract, in particular in the event of default in payment, we shall be

is entitled to demand the return of the reserved goods if we have withdrawn from the contract.


11 Intermediate products

There is no obligation on our part to hand over intermediate products such as data, Lithographs or printing plates made for the production of the final product owed. Deviating agreements are possible and must be agreed in writing.


12 Third party rights, release from liability


The customer guarantees that the templates (especially image and text files), contents and materials sent to us, no copyright, trademark or other protective rights third parties, violate the general personal rights or other rights of third parties.

The customer declares that he is in possession of the duplication and reproduction rights of is the data submitted.

The customer shall indemnify us on first demand against all claims of third parties and undertakes to compensate us for any damage which we incur due to the right of the third party. This includes also any legal costs (lawyer's fees and court costs) incurred by us.

13 final provisions; place of performance; place of jurisdiction The place of fulfillment is the domicile of PIXLIP, unless otherwise agreed.

German law is valid under exclusion of the UN-purchase right.

A change of these General Terms and Conditions is only possible in writing.

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English