§ 1 Abstract
1. The orderer instructs Printprintmyphotobook Inc. (thereafter ‘printmyphotobook’) with the production of
one or more photobooks. The instruction of printmyphotobook by the orderer can solely be made with the
latest software version of printmyphotobook. The software version can be downloaded at www.printmyphotobook.com.
2. Only these conditions of use and sale are valid for orders of photobooks with printmyphotobook.
Contrary, complementary or differing conditions of the orderer will only become part of the contractual
agreement, if printmyphotobook specifically accepts these conditions in written form.
§ 2 Conclusion of Contract
1. The order made by the customer through the internet is a legally binding offer. The customer has to enter
complete and correct data and pledges himself not to enter data of third parties. Printmyphotobook will promptly
confirm the receipt of the order per email or in any other way, whereas this confirmation of the receipt of the
order does not represent the acceptance of the customer's offer. Rather, it shall inform the customer that the
order was received by Printmyphotobook.
2. The customer principally abandons the right of receiving a declaration of acceptance by Printmyphotobook.
The conclusion of the contract takes place when Printmyphotobook promptly starts to process the instruction after
receiving the order. As a general rule the ultimate production of the photo book takes place only after receipt of
payment by Printmyphotobook.
§ 3 Prices
1. The orders will be processed with the prices that are valid on the day the orders take place. All prices are
in US-Dollar. The costs of packing and shipping are not included in the prices.
2. Printmyphotobook reserves the right to correct wrong prices that have been displayed by mistake. In case such
a correction leads to a higher price the customer has the right to cancel the contractual agreement.
§ 4 Shipping and Delivery
1. Principally, Printmyphotobook reserves the right to choose the mode of transport. The shipping costs have to
be paid by the customer.
2. Unless otherwise arranged the order will be delivered to the shipping-address specified by the customer.
Details about delivery times are not binding, unless a certain delivery date has been bindingly arranged.
3. Printmyphotobook reserves the right for partial shipment.
§ 5 Payment
We only accept credit cards.
§ 6 Charging, Retention
A right for charging is only granted to the customer, if his counterclaims are legally assessed or accepted by
Printmyphotobook. The customer is only entitled to the right of retention as his counterclaims are based on the
same contractual agreement.
§ 7 Liability
1. Printmyphotobook does not guarantee 100% loyal colour reproduction of the prints. The customer
has to claim any
deficiencies within two weeks after receipt of the photobooks in written form. Claims can only be made against
Printmyphotobook. Does the customer fail to make a claim, the delivered photo books will be considered as approved
and the customer loses his claims on the liability of defects.
2. Printmyphotobook is only liable for defects caused by deliberate and grossly negligent behavior. The liability
is limited to the contractually typical defects, the customer has to count on when entering into the contractual
agreement. Consequential losses, profits and savings forgone are excluded from liability.
3. As far as liability is excluded, this is also valid for personal liability of the employer, factors, servants
and assignees of Printmyphotobook.
4. The above liability limitations are not valid in the case of bodily injury.
§ 8 Retention of Title
The photo books are legal property of Printmyphotobook until full payment is received.
§ 9 Copyrights
1. Only the customer is responsible for the content of transmitted text and images.
2. The customer commits to owning the copy-, trademark- and/or all other required rights of the images
transmitted to Printmyphotobook for the production of the photobooks.
All consequences resulting from possible infringements of these rights are to be borne by the customer. In this
respect, the customer has to relieve Printmyphotobook on the first request from any claims made by third parties.
3. The customer assures that the content of the transmitted text and images does not infringe upon applicable
law, in particular child pornography law.
§ 10 Data Protection
1. Printmyphotobook provides a very high standard considering state-of-the-art data protection. The saving of the
data is the responsibility of the customer; there is no back-up on the part of Printmyphotobook.
2. The transmitted images in the private and semi-public area (access for friends) are only accessible by persons
explicitly authorized by the customer.
§ 11 Examination and Deletion of Content
1. Printmyphotobook reserves the right to check content transmitted by the customer for its lawfulness. Should
Printmyphotobook have the opinion that the content infringes upon applicable law, Printmyphotobook reserves the right
to delete the concerning content without prior notification. In case of content liable to prosecution Printmyphotobook
reserves the right to report to the law enforcement agency in charge.
2. In case of a complaint or objection of a third party against content transmitted by the customer, Printmyphotobook
will instantly delete the content, no matter what legal position the complaint or objection is based on. Provided that,
at a later point in time, the complaint or objection by the third party proves to be unjustified, and that
Printmyphotobook has wrongfully deleted content of the customer, Printmyphotobook is excluded from any claims as long
as Printmyphotobook has not acted deliberately or grossly negligent.
§ 12 Data Processing and Data Protection
1. Printmyphotobook stores the customer's personal data collected to fulfill the contractual agreement on his servers.
2. The personal data will only be collected, processed, stored, or used otherwise in connection with the processing of the order.
3. Circulation of the customer's data for advertising purposes only occurs when the order has granted his permission.