Terms&Conditions

General Terms and Conditions of Pawtrait.eu

1. Scope

The contracting parties under these General Terms and Conditions are Manuel Valle Lanza, Brückengasse 1b, 78462 Konstanz (hereinafter “Pawtrait” or “we/us”) and the customer (hereinafter “Customer” or “Client”).

The business relationship between Pawtrait and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Pawtrait does not recognise any deviating terms and conditions of the Customer. Individually agreed terms shall always take precedence.

The Customer agrees to the following provisions of these General Terms and Conditions and warrants that they are authorised to conclude a contract for the customised production of the goods offered on Pawtrait.eu.

2. Order and Conclusion of Contract

Use of the online offers and services on Pawtrait.eu is strictly subject to the Customer having reached the age of 18 and possessing full legal capacity.

The presentation of our goods and the provision of the option to place an order do not constitute a binding offer on our part.

Customers may place a binding order for their personalised photo products on Pawtrait.eu as follows:

1) Selection of the desired product

2) Selection of custom settings and uploading of a photo

3) Confirmation by clicking the “Add to basket” button

4) Review of details in the basket

5) Clicking the “Proceed to checkout” button

6) Logging in to the online shop after registration and entering the login details (email address and password).

7) Checking or correcting the relevant details entered once again.

8) Submitting the binding order by clicking the “Place order” or “Buy” button

Before submitting the order, the consumer may, after checking their details, return to the webpage where the customer’s details are entered by clicking the “Back” button in their web browser to correct any input errors, or cancel the ordering process by closing the web browser. We confirm receipt of the order immediately via an automatically generated email (order confirmation).

This order confirmation constitutes acceptance of the customer’s offer. A contract of sale with us is concluded upon receipt of this order confirmation.

Upon the customer’s explicit request (to be sent to support@pawtrait.eu), a preview of the artwork and the product will be sent to the customer by email prior to production. Should the customer wish to make a change to the preview, a fee of €10 including VAT per artwork will be charged, provided that the change relates to the style or the original image. Other requests for changes upon receipt of a preview are free of charge.

Should the customer unjustifiably withdraw from the contract after receiving the preview, please note that a minimum of €10 incl. VAT per image will be charged as compensation. We reserve the right to claim higher damages.

The customer is liable for any typing or input errors made by them. Should the customer’s specifications not have been taken into account, a new product or a new preview will be created free of charge. Please note that Pawtrait has artistic discretion when creating the artwork. A mere “lack of satisfaction” does not oblige us to create a new product or a new preview free of charge.

Once the preview has been approved by the customer, it will be produced for the customer in accordance with the contract between the parties. Should there be errors in the preview which the customer should have identified, the production of the preview following the customer’s approval shall not constitute a defect. Following approval of the preview, the customer shall have no entitlement to a new production using a different artwork.

3. Prices and Product Description

• The prices stated on the Pawtrait website at the time of ordering apply. All prices quoted by Pawtrait within this online offer are stated in euros or – for delivery to another country – in the respective local currency and include the applicable statutory VAT, excluding delivery costs. The applicable delivery charges are clearly displayed during the ordering process before the customer completes the purchase and can also be viewed at https://pawtrait.eu/pages/versand.
• Statutory VAT is calculated according to the country of delivery (For example, the standard VAT rates for the following delivery countries are: Germany – 19%, Austria – 20%, Switzerland – 8.1%, France – 20%, Luxembourg – 17%, Belgium – 21%, Netherlands – 21%, Spain – 21%, Italy – 22%, Sweden – 25%, Denmark – 25%, Finland – 24%, Poland – 23%, Portugal – 23%).
• If the country of delivery is a non-EU country, additional taxes or costs (e.g. customs duties) may apply in connection with the order, which cannot be paid by Pawtrait or invoiced by us. The recipient of the delivery remains solely legally responsible for these payments. For precise details, please contact the relevant authorities in your country.

• The prices are intended exclusively for consumers within the meaning of Section 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity. A partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations.

• Discount promotions and vouchers cannot be combined. Only one voucher code may be redeemed per order.

• The product descriptions and product images stated on the Pawtrait website at the time of ordering apply.

4. Terms of payment

The customer may select the payment method when placing their order (currently: credit card payment, PayPal, Sofortüberweisung, Klarna payment by invoice, etc.). Payments are deemed to have been made on the day on which Pawtrait has access to the amount. The costs of payment, in particular for bank transfers from abroad, shall be borne by the customer.

Payment by invoice

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account as a payment option. The payment term is 14 days from dispatch of the goods/ticket or, in the case of other services, from the provision of the service. Payment is made to Klarna. Please note that purchase on account is only available to consumers and that use of this payment method requires a positive credit check. The full terms and conditions for purchase on account can be found here. Klarna checks and evaluates your details and, where there is a legitimate interest and cause, exchanges data with other companies and credit reference agencies. Your personal data will be processed in accordance with applicable data protection regulations and in line with the information set out in Klarna’s privacy policy.

When purchasing on account with Klarna, a payment period of 14 days begins upon receipt of the invoice. Further information and the full terms and conditions for purchasing on account via Klarna can be found here.

Chargebacks and case fees

If fees or other costs arise due to chargebacks initiated by the customer or for which the customer is responsible, unjustified complaints or payment disputes via payment service providers (e.g. Klarna, PayPal, credit card providers), Pawtrait is entitled to charge these costs to the customer.

The same applies to fees arising from insufficient funds, incorrect details or unjustified claims for refunds. The amount of the costs invoiced is based on the fees actually incurred by Pawtrait from the respective payment service providers.

5. Right of withdrawal/withdrawal policy

Exclusion of the right of withdrawal

Pursuant to Section 312g(2)(1) of the German Civil Code (BGB), the right of withdrawal does notapply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs. In principle, therefore, there is no right of withdrawal for contracts concluded with Pawtrait.

For all our goods that are not custom-made, the following applies to consumers within the meaning of Section 13 of the German Civil Code (BGB): You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

Withdrawal during the preview process is only possible subject to a cancellation fee. This amounts to €10 per artwork.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

6. Alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation (EU) No 524/2013 and Section 36 of the VSBG

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. Pawtrait is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

7. Delivery Terms / Return of Goods

Delivery is made by dispatch to the delivery address provided by the customer. Further information on this can be found here: https://pawtrait.eu/pages/versand.

We commence production upon receipt of payment, with our production times – depending on the variant selected – averaging between 1 and 3 working days.

With a typical production time of 1 to 3 working days, a total delivery time of 5 to 10 days from receipt of payment is generally to be expected. Deviations from the above-mentioned indicative production or delivery times only entitle the customer to assert any legal claims if the deviations are not merely minor and Pawtrait is also responsible for them.

The total delivery time to Switzerland is extended by up to 10 days for all items. Deliveries to Switzerland may be further delayed due to customs and import formalities. Customs duties may be levied on shipments to Switzerland.

The total delivery time for deliveries to the EU2 zone* is extended by up to 4 days.

EU2 zone: France, Luxembourg, Belgium, the Netherlands, Spain, Italy, Sweden, Denmark, Finland, Poland, Portugal.

Pawtrait is entitled to make partial deliveries, provided this is reasonable for the customer and the customer has agreed to a partial delivery during the sales process. If delays in delivery are due to reasons for which Pawtrait is not responsible (force majeure, fault of third parties, etc.), the delivery period shall be extended accordingly. The customer shall be informed of this without delay. If the causes of the delay persist for longer than four weeks after the conclusion of the contract, either party is entitled to withdraw from the contract. If the customer is not at home when the parcel is delivered and the parcel is not collected by the customer from their post office within 7 working days, or if the customer refuses to accept the parcel, Pawtrait shall be entitled to cancel the order and withdraw from the contract. Depending on the format and country of delivery, dispatch shall be carried out via GLS, GEL, DHL or UPS.

8. Liability

• Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb or health, or from the breach of essential contractual obligations (cardinal obligations) or the Product Liability Act, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Pawtrait, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance the contracting party may regularly rely.

• In the event of a breach of essential contractual obligations, Pawtrait shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the customer’s claims for damages arise from injury to life, limb or health.

• In particular, Pawtrait is therefore generally not liable for damage that has not occurred to the delivery item itself; for loss of profit or for other financial losses suffered by the customer. The provisions of the Product Liability Act remain unaffected.

9.Retention of title

The ordered goods remain the property of Pawtrait until full payment has been made. Prior to the transfer of ownership, any resale, letting, pledging, transfer by way of security, processing, other disposal or alteration by the customer is not permitted without the express consent of Pawtrait.

10.Copyright

The customer declares and guarantees that they hold all rights of use and exploitation in respect of the submitted photograph or image, the image file, the respective motif and image composition. This includes, in particular, intellectual property rights (e.g. copyright, trademark, design or patent rights, general personality rights, etc.). The submitted photographic or image material and the image file must be of the customer’s own origin, and the motif depicted must not – even in part – infringe or violate the rights of third parties. In the event that individual persons or groups of persons are depicted in the image material, the participant guarantees that the necessary consent of the person(s) depicted has been obtained and that this consent also extends to the use and exploitation of the photograph within the scope of the goods and services offered on the Pawtrait.eu platform.

The customer’s obligation to obtain the relevant consent, approval or authorisation for the respective image material also applies where transmitted image files contain an image or depiction of a recognisable trademark, an identifiable logo or any other distinctive motif in respect of which third parties hold intellectual property rights.

The Customer remains solely responsible for the content of the image files transmitted and for compliance with the relevant legal provisions. In the event of an infringement of such rights by the transmitted image files or the production and distribution of the respective photo products, the Customer is obliged to indemnify Pawtrait against any claims by third parties. This is generally effected by assuming liability in relation to the claimant. If the claimant does not agree to this assumption of liability, the customer shall indemnify Pawtrait internally against any claims. In this case, the customer shall assist Pawtrait in defending against the claim. Any costs (legal representation, court fees, penalties, etc.) arising therefrom shall be borne by the customer.

11. Grant of Licence

By agreeing to Pawtrait’s General Terms and Conditions, the customer declares and warrants that the work does not infringe any third-party intellectual property rights and does not depict any unlawful, morally or ethically reprehensible or defamatory content. Customers may therefore only submit works to Pawtrait that do not infringe the intellectual property rights of any person or company and are neither defamatory, offensive nor otherwise disparaging.

The customer retains all rights to all photo and image files submitted to Pawtrait. For the performance of the contract, the customer grants Pawtrait the geographically unrestricted right to use the submitted photo and image data for the services to be provided within the scope of contract fulfilment. This also includes the storage, reproduction and editing of the image data. This also includes the right to make individual images available to third parties for the purpose of rectifying errors.

12. Criminal Liability, Right to Refuse Performance

The Customer is responsible for the legality of the content. By placing the order, the Customer warrants that the content of the image files transmitted does not contravene criminal law, in particular the provisions of Sections 86 et seq. and 184 et seq. of the German Criminal Code (StGB). Furthermore, Pawtrait is not obliged to perform services that could result in a legal violation on the part of Pawtrait. If the content of the files sent by the customer contravenes criminal law provisions, Pawtrait will report the matter to the police. Pawtrait is entitled to refuse to provide the service and to withdraw from the contract. Pawtrait is entitled, but not obliged, to check the content uploaded by the Customer to their web album for legality. Insofar as Pawtrait considers that content violates applicable law, Pawtrait is entitled to delete the content without prior notice. In the event of complaints or objections from third parties regarding the Customer’s information – regardless of the legal basis – Pawtrait shall in any case delete the content immediately. Any claim against Pawtrait arising from the blocking of content following a report or complaint by a third party is excluded, unless Pawtrait has carried out an unjustified deletion through gross negligence or wilful misconduct.

13. Rights in respect of defects

(1) We shall, at our expense and in accordance with the customer’s choice, replace a product that is already defective upon delivery (warranty claim) with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that no warranty claim exists if the product had the agreed quality at the time of transfer of risk. In particular, a warranty claim does not exist in the following cases:

a) In the case of damage caused by the customer through misuse or improper use.

b) Damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Furthermore, we do not provide any warranty for a fault caused by improper repair carried out by a service partner not authorised by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement or repair) involves an expense which, in view of the product price and taking into account the terms of the contract and the principles of good faith, is grossly disproportionate to your interest in performance – whereby particular consideration must be given to the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other form of subsequent performance can be resorted to without significant disadvantages for you – your claim is limited to the other form of subsequent performance. Our right to refuse this other form of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of both repair and replacement, the customer is obliged to return the product at their own expense, quoting the order number, to the return address specified by us. Before returning the product, you must remove any items you have inserted into it. We are not obliged to inspect the product for the presence of such items. We shall not be liable for the loss of such items, unless it was immediately apparent to us upon receipt of the product that such an item had been inserted into the product (in which case we shall inform the customer and hold the item ready for the customer to collect; the customer shall bear the costs incurred in doing so).

(5) The customer’s liability for damages in the event of a breach of the obligation to return the product for which they are responsible shall be governed by the statutory provisions.

(6) The customer may, at their discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not restored the product to a condition in accordance with the contract within a reasonable period.

(7) Furthermore, claims may also exist against the manufacturer under a warranty granted by them, which shall be governed by the relevant warranty terms and conditions.

(8) Our statutory warranty expires two years after delivery of the goods. The period begins upon receipt of the goods. However, in the case of a defect that has become apparent within the standard warranty period, the limitation period shall commence no earlier than four months after the date on which the defect first became apparent. Furthermore, following rectification of the defect, the limitation period shall commence no earlier than two months after the date on which the repaired or replaced goods were handed over.

14. Jurisdiction

If the customer is a trader, a legal entity under public law or a special fund under public law, Konstanz shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer has no general place of jurisdiction in Germany, if a customer has moved their place of residence or habitual abode abroad after the conclusion of the contract, or if their place of residence or habitual abode is unknown at the time the action is brought.

15.Governing Law

The conclusion and performance of all contracts shall be governed by the mandatory provisions of the national law of the country in which the customer habitually resides. In all other respects, German law shall apply.

To the extent legally possible, the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

16.Final provisions

Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the remainder of the contract, provided that neither party is unreasonably disadvantaged as a result.

The contract language is German. The text of the contract will not be stored after the contract has been concluded. You will receive the order details, including all relevant information, via the order confirmation sent to the email address you provided. You may view our General Terms and Conditions and the cancellation policy contained therein at any time on our website and save or print them using your browser’s print function.

Any amendments or additions to this contract must be made in writing.