Terms and Conditions (2023)

Terms, Conditions, and Information for Customers

I. General Terms and Conditions

§1 Fundamentals

(1) The following terms and conditions apply to all contracts between you as a customer and us as a provider (Pixalino GmbH) concluded via our website www.pixalino.com or another means of remote communication (e.g. e-mail, or fax, or phone). Unless otherwise specified, we refute the inclusion of any additional terms and conditions by you or a third party.

(2) Any natural person who concludes a transaction for purposes other than commercial business or self-employment is considered a consumer. Any natural or legal person or partnership with legal capacity who/which concludes a transaction for purposes related to their commercial business or self-employment is considered an entrepreneur.

§2 Conclusion of a Contract

(1) The subject matter of the contract is the sale of goods and/or rendition of services (e.g. layout service).

(2) The display of a product or service on our website constitutes a binding offer for you to conclude a contract with us, governed by the conditions outlined in the description of the product/service.

(3) Contracts are concluded through our online shopping system as follows:

The products and/or services intended for purchase are added to the “basket.” By clicking on the corresponding button in the navigation bar, you can view your “basket” and make changes to its contents. After proceeding to the “checkout” page, entering your personal data, and selecting payment and delivery options, you will be directed to the order summary page, where you may review all of the entered data as well as payment and delivery conditions one more time.

If you opt to use an instant payment method (e.g. PayPal / PayPal PLUS, Sofort), you will either be directed to the order summary page of our online shop or redirected to the website of the instant payment service provider. In the latter case, you will be asked to make the necessary selections / enter the necessary data. Afterwards, you will be redirected to the order summary page of our online shop.

Before submitting your order, you can use the order summary page to review and change (including by using the “back” button of your browser) any details or cancel the purchase. By clicking on the “buy now” button, you agree to enter into a legally binding contract.

(Video) Mahalia - Terms and Conditions (Visualiser)

(4) You may send us your inquiry to purchase goods or book services or your request for a quote via e-mail, fax, phone, or post. Such inquiries are non-binding.

We will respond by sending you a written, binding quote (e.g. via e-mail), which remains valid for 5 days.

(5) As an entrepreneur, you can alternatively submit a binding contract offer (order) via e-mail, fax, or post.

After you have accepted an offer (and thereby concluded a contract), we will give you a confirmation, either immediately in the case of a phone call or within 5 days in text form (e.g. via e-mail), outlining the order in question (order confirmation). Should we fail to send you a confirmation within this time frame, you are no longer bound to the order. Any services rendered until this point will be refunded.

(6) Order processing and the transmission of necessary information pertaining to the contract will partially take place via automated e-mail. It is your responsibility to make sure you have provided us with your correct e-mail address, which is technically capable of receiving these e-mails. This includes the proper configuration of possible spam filters.

§3 Personalized Goods

(1) You provide the required information, texts, and files for personalizing your products via upload on our website or by e-mail before, during, or immediately after concluding the contract.

(2) You are obligated to refrain from transmitting any data whose contents infringe the rights of third parties (particularly copyright, use of names, trademark right) or violate applicable law. We cannot be held liable for any claims by third parties filed on the grounds of such infringements. This includes possible costs for legal representation.

(3) Unless otherwise specified, we will not check any submitted data for errors in regard to their content. Consequentially, we are not liable for any such errors.

(4) If we create texts, images, illustrations, or designs for you as part of a personalized design service, these creations are subject to copyright. You are not permitted to use, reproduce, or alter any content, in whole or in part, without our explicit consent. Unless otherwise specified, we grant you an indefinite right of use to the copyrighted works we create for you. We expressly prohibit you from making the protected works, in whole or in part, available to third parties, whether on a private or commercial basis. The right of use is only granted once the full purchase price as per the agreement has been paid.

(5) Our products are custom-made for each individual order. This includes printed and non-printed items as well as products with a fixed selection of print motifs to choose from. We only start manufacturing each product after receiving the order. This consititutes bespoke manufacturing, which means the items cannot be exchanged. For defective products, §6 applies.

(6) Once an order reaches the stage “in production,” it can no longer be canceled as the production process is already underway.

§4 Shipping

(1) The estimated delivery period may be viewed in the basket before submitting the order. The noted delivery period constitutes a guideline, not a binding agreement. We cannot be held liable for any delays caused by the hired delivery company or by force majeure.

(Video) Mahalia - Terms & Conditions (Lyric Video)

(2) The applicable shipping costs for your order may be viewed on our page “Delivery Info” as well as in the basket before submitting the order.

(3) In case a delivery attempt fails through your fault and the goods are returned to us, if you wish to have the item(s) delivered to you again, you will be charged a shipping service fee (detailed on our page “Delivery Info”). This fee covers the cost of the package return to us, the added processing time, and the shipping cost of the next delivery attempt. This fee covers the cost of the package return to us, the added processing time, and the shipping cost of the next delivery attempt.

§5 Retention of Title

(1) You may exercise your right of retention only on the condition that the claims belong to the same contractual relationship.

(2) The goods remain our property until we receive payment of the full purchase price.

(3) If you are an entrepreneur, the following additionally applies:

  1. We reserve ownership of the goods until all of our claims pertaining to the ongoing business relation have been met in full. Before ownership of the reserved goods is conferred to you, using them for a pledge or chattel mortgage is inadmissible.
  2. We undertake to release the securities we are entitled to at your request to the extent that the achievable value of our securities exceeds the claim to be secured by more than 10%. The selection of securities to release is ours to make.

§6 Warranty

(1) Statutory warranty rights apply.

(2) If you are an entrepreneur, the following applies in deviation of (1):

  1. Regarding the advertised quality of our goods, only our own information and the manufacturer’s product description are pertinent. Other advertisements, recommendations, or claims by the manufacturer are not.
  2. You are obligated to immediately examine the goods for deviations in quality and quantity with all due care and report obvious faults within 7 days from the time of receipt in text form (e.g. via e-mail). To keep this period, submission of the report before the deadline is sufficient. The same applies to hidden defects found later, from the moment of discovery onwards. Should you fail to honor your obligation to inspect and report, your warranty claim is void.
  3. In the case of defects, we provide compensation either through repair or replacement (our choice). If the remedy of defects fails, you may demand a price reduction or withdraw from the contract (your choice). The remedy of defects is considered to have failed after two unsuccessful attempts unless the matter, the defect, or special circumstances lead to a different conclusion. In case of a repair, we are not obligated to bear additional costs to transport the goods to a delivery address other than the location of fulfillment.
  4. The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to damages resulting from loss of life, bodily injury, or damage to health for which we are not culpably responsible. The same applies to grossly negligent or deliberate causation of damages / fraudulent intent as well as to recourse claims as per §§ 478, 479 BGB.

§7 Liability

(1) We assume full liability for damages resulting from loss of life, bodily injury, or damage to health. We further assume full liability in cases of intent and gross negligence, fraudulent concealing of defects, when accepting warranty for the quality of goods, and in any other cases regulated by law.

(2) Liability for defects in the scope of legal warranty is subject to the respective regulations outlined in our information for customers (part II) and general terms and conditions (part I).

(3) If major contractual obligations are concerned, in case of slight negligence, our liability is limited to the contract-typical and foreseeable damage. Major contractual obligations include significant obligations arising from the nature of the contract, violating which would jeopardize the realization of the contract purpose. Major contractual obligations also include obligations required from us as per the contract purpose, the fulfillment of which is fundamental to properly performing the contract in the first place and the adherence to which you may rely on at all times.

(4) If minor contractual obligations are violated, in case of slight negligence, we assume no liability.

(Video) Seb Lowe - Terms and Conditions

(5) Given the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we assume no liability for the continual nor the uninterrupted availability of the website and the services offered on said website.

§8 Governing Law, Place of Performance, Legal Venue

(1) German law applies. For consumers, this governing law only applies insofar as it does not revoke the protection afforded to the consumer based on the regulations of the constitutional law of their habitual residence (favourability principle).

(2) Place of performance for all services involved in our ongoing business relations, as well as legal venue, is our registered office unless you are not a consumer but a merchant, legal entity of public law, or special fund under public law. The same applies if you do not have a place of general jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the lawsuit is filed. Permission to appeal to a different court of jurisdiction remains unaffected.

(3) The regulations of UN sales law are expressly not applicable.

II. Information for Customers

1. Identity of the Vendor

Pixalino GmbH
Wiesmannstr. 46 46
45881 Gelsenkirchen

e-mail: hello@pixalino.com

Dispute resolution:

The European Commission offers a platform for the settlement of online disputes, found at http://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The conclusion of the contract, the necessary technical steps, and the options for correction are subject to the regulations outlined in §2 (“Conclusion of a Contract”) in our general terms and conditions (part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is determined as the language which you have selected to display our website at the time of contract conclusion.

(Video) Mahalia - Terms and Conditions (Later... with Jools Holland)

3.2. We do not store the contract text in full. Before the final step in placing your order via our online shopping system, you can save the contract data digitally or print it using the print function of your browser. After we receive the order, we will additionally send you the order details, the legally required information for distance contracts, and the general terms and conditions by e-mail.

3.3. When requesting a quote outside of our online shopping system, you will receive all pertinent contract data along with our binding offer in text form, e.g. via e-mail, ready to save digitally or print.

4. Central Features of Goods or Services

The central features of goods and/or services are outlined in the corresponding offer.

5. Prices and Payment Terms

5.1. The prices listed in each offer and the delivery costs constitute total prices. All price elements including taxes are factored in.

5.2. The costs for delivery vary depending on the shipping region. They can be viewed by clicking on a correspondingly named button on our website or in the respective offer. Moreover, they are displayed separately during the order process and incur in addition to the purchase cost unless your order qualifies for free shipping.

5.3. The available payment options can be viewed by clicking on a correspondingly named button on our website or in the respective offer.

5.4. Unless otherwise specified for your payment option of choice, any outstanding payments resulting from the contract are due immediately.

6. Delivery Conditions for Goods

6.1. You can view the delivery conditions, delivery date, and possible supply restrictions by clicking on a correspondingly named button on our website or in the respective offer.

6.2. If you are a consumer, law regulates that the risk of accidental loss and/or accidental degradation of the goods during shipping only passes to you once the goods are handed over to you, regardless of whether the delivery was insured or not. This does not apply if you independently contract a different delivery company not affiliated with us or task any other person with transporting the goods.

If you are an entrepreneur, delivery takes place at your risk.

7. Statutory Warranty Rights

(Video) Terms And Conditions

7.1. Liability for defects in our goods and services is subject to the regulation “warranty” in our general terms and conditions (part I).

7.2. As a consumer, you are asked to immediately examine delivered goods for completeness, obvious faults, and transport damages and to report any complaints to us and to the forwarder as soon as possible. Failure to comply does not affect your legal warranty claims.

last updated on: 2021/07/16


Do I have to agree to terms and conditions? ›

For you to legally enforce your website, application, or business's rules of use, users must first agree to your terms and conditions. Terms and conditions, also known as terms of service or terms of use, are a legal agreement between you and your users that outlines the rules of use for your website, app, or business.

How do you say I agree to the terms and conditions? ›

Formal “I Agree” Synonyms
  1. I concur. If you're looking for another way to say I agree, this phrase is about as direct a synonym as you can get. ...
  2. You're right. This phrase is straightforward. ...
  3. Absolutely. ...
  4. Definitely. ...
  5. Exactly. ...
  6. I couldn't agree more. ...
  7. I'm with you on that. ...
  8. I couldn't have said it better.

What happens if you don't agree to terms and conditions? ›

If you do not follow terms and conditions you do not have any legal rights to use their products or services. This may lead to any legal actions which causes problems depending on the type of contract or agreement you involved in.

What is an example sentence for terms and conditions? ›

The only way to know the details of these cards is to read the terms and conditions thoroughly. Check the terms and conditions before you apply because these are subject to change. Read the terms and conditions prior to purchasing the card.

What are key terms and conditions? ›

It sets out the general drafting considerations and considers the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination and consequences of termination.

Can you negotiate terms and conditions? ›

With proper preparation, you will be able to negotiate terms and conditions of a contract that will meet the needs of both parties and ensure a long-lasting business relationship.

Is terms and conditions a disclaimer? ›

No, a disclaimer is not the same as terms and conditions. A disclaimer addresses specific liability issues, whereas terms and conditions outline the rules for site use and establish property rights.

Can you use someone else's terms and conditions? ›

You Could Be Fined for Copyright Infringement

Copying someone else's terms and conditions is illegal. Under US copyright laws, terms and conditions are copyright protected. Your competitors don't have to look hard to find out that you stole their policies.

What is a fancy way of saying I agree? ›

You're absolutely right. Absolutely. That's exactly how I feel. Exactly.

How do you formally agree with something? ›

How to express agreement
  1. I (completely / really / totally / absolutely / honestly / truly) agree with you (on that)
  2. I really think / believe so, too.
  3. I couldn't agree more.
  4. I have come to the same conclusion.
  5. I hold the same opinion.
  6. I have no objection whatsoever.
  7. I see what you mean and I (must) agree with you.

How do you write I agree in a sentence? ›

Use “agree” in a sentence

I agree with your opinion. I partly agree with you. I agree with you on this point. I don't agree with their policy.

What are the disadvantages of terms and conditions? ›

Disadvantages of using standard terms and conditions

When both parties to a contract seek to impose their own standard terms it may be difficult to identify which terms prevail. If a party seeks to introduce new terms when accepting an offer then this results in a counter-offer rather than an acceptance.

Is clicking I agree legally binding? ›

Is a clickwrap agreement legally enforceable? Yes, clickwrap agreements are legally enforceable. Under the U.S. federal Electronic Signatures in Global and National Commerce Act (“ESIGN”), clickwrap agreements and other forms of electronic signatures hold the same status as “wet ink” signatures.

Can a person be forced to agree to a contract? ›

But being forced, pressured, or tricked into signing a contract goes against the very concept of contract law. Still, people do sometimes sign contracts under duress or because of undue influence or coercion. These are all legal terms referring to questionable tactics, and they may invalidate a contract.

Are terms and conditions legally binding? ›

Yes, Terms and Conditions are legally binding. Or at least, they can be legally binding if: You have obtained acceptance in the proper way. This means that your customer has actively agreed to your Terms and Conditions.

What are the 5 conditional sentences? ›

In this article, we will look at the conditionals in English. We will see five conditionals: zero, first, second, third and mixed. A conditional sentence is formed by a main clause (the consequence), a conjunction (if), and a conditional clause (the condition).

What is a 3 sentence condition? ›

Form. In a type 3 conditional sentence, the tense in the "if" clause is the past perfect, and the tense in the main clause is the perfect conditional or the perfect continuous conditional. that thing would have happened. As in all conditional sentences, the order of the clauses is not fixed.

What are the two types of terms and conditions? ›

The terms will be of two kinds: 1) Express terms: these are laid down by the parties themselves; 2) Implied terms: these are read into the contract by the court on the basis of the nature of the agreement and the parties' apparent intentions, or on the basis of law on certain types of contract.

Can I make my own terms and conditions? ›

You can legally write your own terms and conditions agreement. While some companies rely on lawyers to write their terms for them — like platforms that target minors under 18 or deal with sensitive information — this is not always necessary, and you don't need one to create a legally-enforceable agreement.

What are the three key rules to negotiate? ›

The three most basic rules for negotiations are: 1) Prepare, 2) Listen 3) Be Present. This sounds obvious, but how often do we not follow those three basic rules?

How do you express condition in negotiation? ›

In negotiations, the first conditional form (if + present +future) is used when we are more certain. The second conditional form (if + past + would infinitive) is more tentative: ex: If you agree to the new working conditions, we'll sign the contract now.

What is the difference between terms and conditions and agreement? ›

Use terms and conditions when your rules do not vary from customer to customer. For example, if you are selling goods online and the same rules apply to everyone. Use a client agreement for more complicated product sales, where terms are likely to vary between your customers.

What is liability in terms and conditions? ›

A limitation of liability clause (sometimes referred to simply as a liability clause) is the section in a contracted agreement that specifies the damages that one party will be obligated to provide to the other under terms and conditions stipulated in the contract.

What is the difference between terms and conditions in a contract? ›

Two of the most common items within the paperwork are 'Conditions' and 'Terms'. A Condition is a clause the buyer needs to waive or fulfill by an agreed time in order for the sale to be finalized. A Term is used to clarify what the buyer expects to be done or or included in the property.

Can you cross out terms and conditions? ›

You can make changes directly on the contract by using a redline or strikethrough method. This is a more informal way to make changes to contracts, but it is normally effective. You simply cross out the language that no longer applies and re-write the language that should be applicable.

How do you agree without saying yes? ›

…instead of saying “yes,” you could say:
  1. You got it!
  2. You bet.
  3. Sure thing!
  4. Ok. / Okie Dokie.

How do you say I agree without saying I agree in an essay? ›

  1. 1)As far as I am concerned, I am on the same wavelength with them on…
  2. 2)From my point of view, I cast no doubt on…
  3. 3)Personally, I see eye to eye with…
  4. 5)Personally, I do not see eye to eye with…
Oct 7, 2020

What does it mean when someone says you can say that again? ›

idiom. informal. used to express complete agreement with something just said.

How do you say sounds good professionally? ›

Instead we recommend the following phrases:
  1. “Ok that's fine.”
  2. “Ok, agreed”
  3. “Ok got it.”
  4. “Ok sounds good.”
  5. “Ok sounds great.”
  6. “See you then.”
  7. “Yeah that works.”
  8. “That's cool.”

How do you say I disagree in a smart way? ›

5 Ways to (Respectfully) Disagree
  1. Don't make it personal. ...
  2. Avoid putting down the other person's ideas and beliefs. ...
  3. Use "I" statements to communicate how you feel, what you think, and what you want or need. ...
  4. Listen to the other point of view. ...
  5. Stay calm.

What means saying yes or agreeing to something? ›

affirmative. noun. formal a word or phrase that indicates agreement, support, or attention to what is being said. 'Yes' and 'I agree' are affirmatives.

How do you use agree in a positive sentence? ›

"When it comes to politics, we completely agree." "She finally agreed to marry me." "We unanimously agree that his idea will work." "He graciously agreed to drive me home."

How do you use entirely agree in a sentence? ›

I entirely agree. I entirely agree with him. Strangely enough, I entirely agree. He replies, quietly, "I entirely agree".

What is an example of we agree? ›

We agree on or about a topic or plan.

Here are some examples: Everyone on the team agreed on a date for the meeting. My husband and I agree about the best way to educate our kids. The students need to agree on how to do the project.

What are examples of terms of service? ›

In short, a ToS is simply a contract where the owner clarifies the conditions that a user must meet to use its service. Some examples include: Copyright and the use of content. Rules users must follow when interacting with other users.

What is the end of terms and conditions? ›

A termination clause is a section of a legal agreement (such as a Terms and Conditions agreement) that describes when an account can or will be terminated, such as when the agreed-upon terms are violated or if the user decides to discontinue the relationship (by stopping a subscription service, for example).

What can you offer in terms of service? ›

Below are 9 things to include in a terms of service to protect your software and business.
  • Description of the Service. ...
  • Accountability Provisions. ...
  • Liability Provisions. ...
  • Opt-Out Provisions. ...
  • Privacy Policies. ...
  • Acceptable Usage. ...
  • Right to Termination. ...
  • User Rights and Responsibilities.

What are the terms and conditions of TikTok? ›

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any TikTok Content (including User Content) is accurate, complete or up to date.

How do you write terms and conditions for a small business? ›

How to Write Terms and Conditions in 6 Easy Steps
  1. Step One: Determine what laws apply to your business.
  2. Step Two: Make an outline.
  3. Step Three: Pick all clauses relevant to your business.
  4. Step Four: Start writing using clear, straightforward language.
  5. Step Five: Link to other necessary legal and website policies.
Apr 14, 2023

What are 5 examples of a service? ›

12 service examples
  • Banking. Banking is arguably the most important service in the modern economy and it's easy to understand why. ...
  • Insurance. ...
  • Property letting. ...
  • Teaching and education. ...
  • Childcare. ...
  • Personal training. ...
  • Architecture. ...
  • Legal services.
Jun 4, 2023

What is a standard term of use? ›

Terms of use are the rules, specifications, and requirements for the use of a product or service. They serve as a contract between the product or service provider and user. In addition to the definition above, a terms of use agreement: Limits the liabilities that fall on your company.

What are the five contract terms and conditions? ›

The five requirements for creating a valid contract are an offer, acceptance, consideration, competency and legal intent.

What is clause 5 of the terms and conditions? ›

Clause 5: Payments and Billing

Websites or apps with paid services, memberships, and subscription plans must contain billing and payment terms in their Terms & Conditions agreement.

What is the terms and conditions text? ›

Essentially, your terms and conditions text is a contract between your website and its users. In the event of a legal dispute, arbitrators will look at it to determine whether each party acted within their rights.

What are the terms and conditions of a business? ›

What are terms and conditions? Terms and conditions are the terms of the legal contract between you and your customer for your supply of goods or services, and which regulates your business relationship. They are the conditions on which you agree to do business with someone else.

What is a generic terms of service policy? ›

A terms and conditions policy, also known as terms of service or terms of use, is a legal document that is developed to protect the company. It tells your customers what will be legally required of them if they use your service (including websites and mobile apps).

Is TikTok reading my texts? ›

TikTok knows the device you are using, your location, IP address, search history, the content of your messages, what you're viewing and for how long. It also collects device identifiers to track your interactions with advertisers.

Who is TikTok owned by? ›

Fact: TikTok's parent company ByteDance Ltd. was founded by Chinese entrepreneurs, but today, roughly sixty percent of the company is beneficially owned by global institutional investors such as Carlyle Group, General Atlantic, and Susquehanna International Group.

What is TikTok in trouble for? ›

TikTok is accused of collecting too much data from users' phones through its app.


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