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.

(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.

(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.

(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
Germany

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.

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

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