TERMS AND CONDITIONS

Terms and conditions — doopic.com

The following general terms and conditions also contain legal information about your rights under the regulations on contracts at a distance selling and in electronic commerce.

§ 1 Scope, definitions

(1) These terms and conditions apply to all contracts concluded via the doopic.com platform between

Company: Doopic GmbH, represented by managing directors Jonathan Baar and Vernen Liebermann, Kurfürstendamm 71, 10709 Berlin, tel. 0800 10 10 196— hereinafter referred to as “Provider” —

and

the customer specified in § 2 of the contract

-hereinafter referred to as “customer” —

be closed.


(2) The business relationship between the web shop provider doopic.com (hereinafter “provider”) and the customer (hereinafter “customer”) is governed exclusively by the following general terms and conditions in the version valid at the time of ordering. Deviating conditions of the customer are not accepted unless the provider expressly agrees to their validity in writing.

(3) Whether the customer is a consumer depends on the definition in § 12 BGB. If he is not a consumer in this sense, he is an entrepreneur.

(4) In addition, the following definitions apply when interpreting the contract:

— Clipped image (s): The image (s) created as a result of the Doopic.com service.
— Services: the services offered by the provider in the area of image processing in accordance with the website or other advertising material
— Website: the website provided by the provider and available at www.doopic.com

§ 2 Conclusion of contract

(1) The contract can be concluded either by ordering via the website or by concluding a framework contract. Unless otherwise agreed in a framework agreement, the contract is concluded as follows:

(a.) The customer registers once on the provider's website. He can then select his own images to edit and upload them to the provider's server. These are then displayed under the “New Order” menu item.

(b.) The customer can select various image processing services from the provider's range of products. By clicking on the “Order subject to payment” button, he submits a binding order to process the images in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thus included them in his application.

(c.) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and the provider points out that the order is now being checked. The customer can print out this e-mail using the “Print” function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent an acceptance of the request. The provider then checks whether the transmitted images meet the technical requirements. He informs the customer if the image is not processed with the contractually agreed standard processing and processing is therefore not possible at all or is only possible at higher costs. If processing is possible with additional effort and higher costs, the provider informs the customer and he can decide whether he wants the service. If the submitted image meets the technical requirements, the provider shall inform the customer of this in the order confirmation.

(d.) The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, the contract text (consisting of order, terms and conditions and order confirmation) is sent to the customer by the provider on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection. The customer has the option to print out both the general terms and conditions and the order with all the data entered during the ordering process. Using the customer account created by the customer when registering for the first time under “My Orders”, the customer can view their order and the terms and conditions at any time after entering their personal login details.

(2) When ordering from the provider's online shop, the contract is concluded with:

‍Company: Doopic GmbH, represented by managing directors Jonathan Baar and Vernen Liebermann
Address: Kurfürstendamm 71, 10709 Berlin
Telephone: tel. 0800 10 10 196
email: info@doopic.com
Sales tax ID no. : DE305191139

(3) The language available for the conclusion of the contract is German.

§ 3 Services provided by the provider

(1) The provider undertakes to provide the image processing services offered. The scope of the image processing to be provided results from the option (s) selected in the ordering process (also known as extras) or from another agreement with the customer.

(2) The prerequisite for the service provided by the provider is delivery by the customer via the customer's website or an FTP server from which the provider can transfer the images himself, although the images must not exceed 150 MB in size and must be provided by the customer in the file format .JPEG, .GIF, .PNG, .EPS, .BMP, .PSD or .TIFF. If the images are delivered via DVD or mobile hard drive, the provider charges additional costs for transferring them to the customer account. The provider reserves the right to reject individual images that do not meet the quality standards necessary to provide the services. He will inform the customer about this.

(3) At the customer's option, the provider either provides services using the standard method or in accordance with the agreed additional services.

(a) The standard method comprises standardized cropping of the image motif, i.e. the entire background of the object (s) is removed and filled in white.

(b) In addition to the standard method, the customer may request additional services. These are the “extras” offered on the website (currently: setting shades, inserting reflections, color optimizations, image masking vector conversion) or individually agreed services. (4) The provider stores the clipped images for at least 14 days, during which time the customer must download the images. A longer storage period is only guaranteed after individual agreement. After this storage period has expired, the provider can delete the clipped images after a reminder and a further period of 14 days has elapsed.

(5) To provide its services, the provider is free to use third-party services.

§ 4 Delivery, availability of goods

(1) Delivery times specified by the provider are calculated from the time the order is confirmed. Unless a different delivery time is stated on the website for the respective service, it is 48 hours (plus weekends and public holidays).

§ 5 Copyright, personal and trademark rights

(1) The customer transfers to the provider the simple right of use and processing required for the respective processing. The customer assures the provider that he has all necessary copyright, trademark and personal rights as well as other necessary rights. In this respect, he releases the provider from all claims made by a third party upon first request and undertakes to compensate the provider for any damage suffered by the provider as a result of a right of the third party. This also includes any legal defense costs (attorney and court costs).

(2) The provider transfers to the customer the exclusive rights of use accrued by him as a result of the processing at the time of full payment. If the remuneration is repaid to the customer — e.g. by resignation — the customer transfers all rights already granted to him under these terms and conditions to the provider in anticipation without the need for a separate declaration from the customer; the provider is already accepting the transfer of rights in this respect.

§ 6 Prices and Delivery

(1) The prices for the provider's services are generally based on the price list, which is displayed on the provider's website. The prices there include the applicable statutory value added tax and other price components. Both net and gross prices are displayed during the ordering process.

(2) Deviating from this price list, the provider may offer major customers special conditions, which must be agreed in writing.

(3) The clipped images are made available to the customer on the provider's server, the customer is informed that the order has been completed and can then download the images himself. For existing customers, processing can be arranged individually via the provider's or even the customer's FTP server.

§ 7 Payment methods

(1) The customer can make payment via PayPal or on account.

(2) PayPal is an external payment service. In order to be able to pay via PayPal, the customer needs a PayPal account. Depending on PayPal's processing time, it can take a few days to be able to fully use the PayPal account. If the customer opts to pay via PayPal on the order page, they will be redirected to PayPal and can either open a new account there or log into their existing PayPal account with their email address and password. He then makes the payment using the instructions provided there. When paying via PayPal, the ordered goods will be shipped as soon as the provider has received confirmation from PayPal that the transaction has been successfully completed.

(3) The following credit cards are accepted: Visa, MasterCard and American Express. During the ordering process, the customer selects the credit card as the payment method. In the next step, the customer provides their credit card details. The following data is required: card type, card number, security code (three-digit number on the back of your credit card) and period of validity. The credit card will only be charged when the ordered items are shipped.

(4) Payment by direct debit requires a bank account with a German bank. On the page with the payment methods, the customer selects “direct debit” by clicking on the button before “direct debit”. The customer then enters the bank code, account number and the name of the account holder. The account will only be charged once the service has been provided and the customer has been informed of this. In the case of direct debit, the provider charges the customer the costs incurred in the amount of 10 euros in the event of a chargeback. The customer is expressly permitted to prove that no damage has occurred or that the amount of damage was significantly lower than the lump sum.

(5) The customer can change the payment method stored in his user account at any time.

(6) Payment of the remuneration is due immediately upon conclusion of the contract, unless otherwise agreed with existing customers. If the due date of payment is determined according to the calendar, the customer is already in default if the deadline is missed. In this case, he must pay the provider default interest of 5 percentage points above the base interest rate. If the customer is not a consumer, he must pay the provider default interest of 9 percentage points above the base interest rate and a lump sum of 40 euros.

(7) The customer's obligation to pay default interest does not preclude the assertion of further damage caused by default by the provider.

§ 8 Warranty and Guarantee

(1) The provider is liable for material and legal defects in accordance with the applicable legal regulations.
‍
(2) By way of derogation from this, the following applies to entrepreneurs:
— the warranty period is 12 months;
— an insignificant defect does not in principle give rise to any claims for defects;
— the provider has the choice of the type of subsequent performance;
— The limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

Statutory limitation periods for recourse claims in accordance with Section 478 BGB remain unaffected for entrepreneurs.

(3) The liability limitations and limitation periods regulated above do not apply
— for damage resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
— for other damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, and
— in the event that the provider has fraudulently concealed the defect.

(4) An additional guarantee exists for the services provided by the provider only if this was expressly provided in the order confirmation for the respective order.

(5) If, in the opinion of the customer, there is a defect, need to change or correct one or more of the processed images, the customer must notify the provider of this within 7 working days of receipt of the processed images. If the deadline is missed, the processed images are considered to have been accepted in accordance with the order, provided that the provider has notified the customer of this acceptance fiction at the beginning of the period after 7 working days. If the customer is a consumer, the customer is simply asked to check and report as described above; if the consumer does not comply with this, this has no effect on his legal or contractual claims for defects.

§ 9 Liability

(1) Customer claims for damages are excluded. This excludes claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the contractual objective and on whose compliance the customer may regularly rely.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical of the contract if this was simply caused by negligence, unless the customer is entitled to compensation arising from an injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply in favour of the provider's legal representatives and vicarious agents if claims are made directly against them.

§ 10 Information requirements for digital content

‍(1) Digital content created by the provider
— can be used and used as follows: image display program for the operating system used.
— has the following restrictions in terms of interoperability and compatibility with hardware and software: operating system: from Windows XP or newer; quad-core CPU and above; at least 500MB of memory; AMD graphics chip ATI Radeon HD 2400 Pro or better; free hard disk space at least 50MB
— does not have any technical protective measures.

§ 11 Withdrawal Policy
‍
(1) When concluding a distance selling transaction, consumers generally have a legal right of withdrawal, which the provider provides information about below in accordance with the legal model. The exceptions to the right of withdrawal are set out in paragraph (2). Paragraph (3) contains a sample withdrawal form.
‍
‍Withdrawal policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must doopic.com, Stuttgarter Platz 2, 10627 Berlin, tel. 030-20629617, info@doopic.com by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this contract, inform. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.

If you have requested that the service commence during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

— End of cancellation policy —

‍(2) The right of withdrawal does not apply to contracts for the delivery of items manufactured individually at the customer's request or if the customer has waived the statutory right of withdrawal.

(3) According to legal regulations, the provider provides information about the sample withdrawal form as follows:

§ 11 Information on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for processing the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider will not use the customer's data for market or opinion research purposes.

(3) The customer has the option of retrieving, changing or deleting the data stored by him at any time under the “My data” button in his profile. In addition, with regard to customer consents and further information on data collection, processing and use, reference is made to the privacy policy, which is available in printable form on the provider's website at any time via the “Data Protection” button.

§ 12 Final Provisions

(1) Contracts between the provider and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN sales law, insofar as the customer is not a consumer.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Berlin. In all other cases, the provider or the customer may bring an action before any competent court based on statutory provisions.

(3) The remaining parts of the contract remain binding even if individual points are legally ineffective.