General Contract Terms and Conditions (T&C)
The platform allows you to take advantage of various services provided. These services are presented here in a short summary:
You can order prints of the presented works, also including framing and lamination, to be provided by us for your own use.
1. Who can register?
1.1. Registration is restricted to natural persons of full age and legal capacity, legal persons, or partnerships. In particular, minors are not permitted to register. We ask for your understanding in this matter.
1.2. We must ask that all information requested upon registration is entered completely and correctly, e.g. first name and surname, current address (not a post-office box), telephone number (no value-added service number), a valid e-mail address and, where necessary, your VAT registration number(s) and indication of any applicable VAT rules. We shall be entitled, though not obliged, to check the validity of all indications made.
1.3. Where registration is completed with respect to a legal person, registration may only be made by a natural person with necessary authority. This person must be named.
1.4. Should any or all of the information indicated at registration subsequently change, it shall be incumbent upon you to correct the information without delay.
1.5. On registration, a user name and password must be selected. The user name must not infringe the rights – in particular copyright or trademark rights – of third parties. Further, the username must not be misleading and must not be contrary to public policy or break the law. We shall be at liberty to define formal rules and restrictions for new user names and to reject existing user names – including with retrospective effect.
1.6. Passwords must be kept confidential and account access must be safeguarded. You shall be compelled to inform us without delay should any suspicion arise concerning misuse of the account by third parties.
2. How are our services provided?
We ask for your understanding that we are only able make the SundayMoods website and its functions available for use within the limits and scope of current technology.
For reasons of further development and security as well as in the interests of an error-free service, we shall undertake regular maintenance work on our system. To this end, and with due regard to your interests, we shall be entitled to temporarily interrupt or restrict the provision of our services. Insofar as possible, such maintenance work shall be carried out in times of minimal use. Should longer periods of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the impairment provided that this is possible in light of all the circumstances and that such notification does not prejudice or delay necessary repair to any existing interruption of service.
2.3. System interference and breakdown
You will be aware that according to the current state of technology it is not possible for works to be made available for viewing on the internet free of system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.
I. Services such as printing, framing and mounting etc.
This section concerns the services with regard to printing, framing and lamination of works carried out by us at your request.
1. What services do we provide?
SundayMoods provides the digital art-work and creates physical prints and copies, that is, the digital data are reproduced on to a material which may then be framed or laminated as desired, e.g. for your personal use.
2. Workflow, production clearance, termination
2.1. The costs of delivery shall be invoiced. The extent of delivery costs will be indicated on order. Should any taxes or excise duties be incurred in case of delivery to a country outside the EU, all such costs shall be borne by you.
2.2. All delivery deadlines indicated by us are non-binding. We shall be entitled to make partial deliveries.
2.3. We draw your attention here to the fact that for this part of the contract a return policy under §312d(4)(1) BGB (right of revocation and return in distance contracts) (German Civil Code) is excluded, as the works are produced in accordance to your own individual specifications and are clearly personalised (§312d(4)(1) BGB).
3. What remuneration do we receive for our services?
The remuneration for our services is calculated with respect to the current price available for viewing at www.SundayMoods.com as specified within the order process. We shall at all times be entitled to change the price list for future orders without prior notification.
4. How does the billing work?
4.1 The buyer pays the sale price by credit card, by debit, or by PayPal upon making the order (pre-payment).
4.2 In the case that the buyer’s account does not contain sufficient funds or where the buyer opposes the debit charge being taken from his or her account without good reason, SundayMoods reserves the right to charge an administration fee of € 9.00.
4.3 Where the buyer defaults on payment, SundayMoods shall be entitled to charge default interest on all outstanding sums to the amount of 6% p.a. above the basic interest rate set down by the European Central Bank. Additionally, a charge of € 7.50 per reminder with exception of the first reminder shall be made. Where greater damage arising through the default can be proved, SundayMoods shall be entitled to assert this against the defaulting buyer. In the above listed cases, it shall remain open to the buyer to prove that SundayMoods has occurred either no damage or else damage to a lesser extent than the above listed fixed sums.
5. Retention of title
Ownership of the works produced shall remain vested in SundayMoods until all payments are made in full.
The digital rights will always remain with SundayMoods.
6. What you should do, if you want to query our services.
6.1. Merchants and traders shall inspect the consignments without delay upon delivery within the proper course of business and shall make written notification to us of any defects without delay; § 377 HGB (German Commercial Code) shall apply without restriction.
6.2. In all other cases, notification of all manifest defects must be made within one week. For the calculation of this time limit, the date of delivery and the date of receipt of notification of defect are decisive.
6.3. In case of any objection, all documentation with respect to the contract must be made available to us. Failure to do so may result in delay to the assessment and processing of the notification of defect.
6.4. Defects in part of the delivery do not justify objection to the entire delivery, save in the case that partial delivery is of no interest.
7. What guarantee applies to our services?
7.1. In case of defect, we shall be entitled, at our option and within a reasonable period, to make new delivery or to repair the defect.
7.2. The papers, dyes, chemicals and other materials used in our materials and manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form sufficient basis for defect.
1. System integrity and disruption of the SundayMoods website
1.1 All use of mechanisms, software or other scripts capable of disrupting the function of the SundayMoods website when used in conjunction with this website shall be prohibited.
2.2 All use which may result in an unreasonable or excessive burden on SundayMoods infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of the SundayMoods website.
2.3 Contents held on the SundayMoods website may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by “Robot/Crawler” search engine technology or by other automatic mechanisms.
2. What is the extent of our liability?
2.1 Liability shall be restricted to Euro 10,- only with respect to damage caused through malice or gross negligence, including in respect of our legal representatives, managerial staff and vicarious agents.
3. What is the place of jurisdiction for this contract and what law will be applied?
3.1 Where you are not permanently or habitually resident in Germany, these General Contract Terms and Conditions shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN trade law.
3.2 Where you are a merchant/trader as defined in the German Commercial Code (HGB), a special public fund or a legal person under public law, exclusive place of jurisdiction for any and all dispute arising in connection with these General Contract Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Karlsruhe.
4. For what term will the General Terms and Conditions apply?
The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and SundayMoods. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.
5. How can we amend the General Terms and Conditions?
We reserve the right to amend the General Terms and Conditions at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended General Terms and Conditions. Your agreement will be required before any amendments are to take effect.
Date: 11 November 2015