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General conditions of business for the production and purchase of art books / photo books via eyepublications.com; Wachter GmbH & Co. KG, Industriestraße 25-27, 74357 Bönnigheim (hereinafter referred to as eyepublications.com) State: 15.10.2010 1. Object of agreement The purchaser places an order with eyepublications.com to produce one or more art books / photo books. Contracting party of the purchaser is eyepublications.com. The order is exclusively valid in connection with the latest software version which is available via the web and the current prices. These can be obtained from the Internet page www.eyepublications.com. 2. Right of withdrawal A right of withdrawal or return is excluded, because the produced art books / photo books are made in accordance with the purchaser's input and matched to his personal requirements. 3. Liability eyepublications.com is liable for the destruction or the loss of image and data material, delayed delivery as well as for any other damage events only by intent and gross negligence as well as for the existence of guaranteed qualities. 4. Copyright The purchaser is solely responsible for the contents of the transmitted images and texts. The purchaser assures that he has the required copyright, trademark or any other required rights. Any consequences resulting from a possible breech of these rights are to be solely borne by the purchaser and insofar he must indemnify eyepublications.com at the first request from any claims from third parties. When placing the order the purchaser guarantees that the contents of the transmitted images and texts do not infringe upon the penal laws and particularly not upon the prescriptions regarding the distribution of pornography with children (§ 184 StGB). 5. Retention of title The goods remain the property of eyepublications.com until all payments have been settled. 6. Despatch For despatch to countries which do not belong to the European Community, additional customs fees may occur on which eyepublications.com has no bearing. Any occurring customs fees are to be borne by the purchaser. Generally shipments outside of the European Community are charged per shipment in accordance with the requested mode of delivery and the actually incurred costs. 7. Data protection eyepublications.com always handles customer data confidentially. However, the purchaser agrees that his data is passed to partner companies for order and despatch handling. Any other commercial use by third parties is excluded. 8. Payment and order processing When placing the first order 150.00 € plus VAT are immediately due. The balance of the order value is due for payment upon the print release by the customer. eyepublications.com will only start with the production after receipt of payment. Customers who are already accredited (after the first completely processed order) receive the shipment against invoice, i.e. production is started immediately after receipt of order. The invoice amount is due upon receipt of shipment without any deduction. Before eyepublications.com starts with the production of the entire print run, the customer receives a printout of all book pages on original paper for release. If the customer makes any changes in his book after receipt of this printout, thus making a further printout for release necessary or if the order is cancelled, we will charge a fixed service charge of 150.00 € plus VAT. 9. Warranty for defects A book production is defective, if it doesn't meet the technical standards of the used production process (digital print, offset print; book binding based on adhesive binding) On the part of eyepublications.com no guarantee is given for 100% colour fastness of the prints. Besides that, eyepublications.com doesn't take any liability, if the customer uses images of inferior quality which do not lead to the desired result when producing the art book / photo book. The purchaser must claim any defects of the supplied goods within two weeks after receipt. Defects which result from improper use, like e.g. detached pages, cannot be accepted. 10. Inquiries to the order If you don't quite understand the ordering process or if you have questions to the books and the occurring costs, please send us an e-mail, a fax or a letter or give us a call. Here you will find all the necessary information. We will take all efforts to reply to your inquiry as quick as possible. Please don't send your inquiries and orders per e-mail and letter at the same time, because this could lead to misunderstandings or double supplies. 11. Order cancellation If the customer cancels his order before production is started, a fixed service charge amounting to 150.00 € plus VAT is due. 12. Place of fulfilment and jurisdiction The German law applies. Bönnigheim is the place of fulfilment. Besigheim is the only place of jurisdiction. 13. Safeguarding clause If any single clauses of these general conditions of business and/or any complementary contract becomes ineffective, this will be without prejudice to the effectiveness of the other clauses. They continue to be effective for both parties. In case of the ineffectiveness of a single clause, both contracting parties will make efforts to obtain a new agreement considering their mutual interests which comes closest to the economic purpose of the ineffective clause. |