Terms of Use/GTC
Status: 01/24/2022
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These conditions
(1) This website (the “Site”) and/or the Services, including any associated mobile applications (collectively: the “Services”) and all offerings and sales of products (“Products”) through the Site, are owned by MW Munich VISUALDESIGN and is operated by them (hereinafter also: “we”, “us” and “our”). These terms and conditions (“Terms”) set out the terms under which visitors or users (collectively: “Users” or “you”) can visit or use the Site and/or the Services and purchase products.
(2) By accessing or using the services, you agree to the terms and agree to them with binding effect. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what to do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have parental or legal guardian permission to use the Services or purchase Products.
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Purchase of products
(1) The purchase of products is subject to the conditions in force at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in full before committing to purchase it, and (ii) completing an order on the Site (by completing a checkout using the Paid button Order” or similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these Terms provide otherwise.
(3) You can select products from our product selection and place them in the shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct inadvertent pricing errors. These changes will not affect the price of products you have previously purchased. When paying, you will see an overview of all the products that you have placed in the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the checkout page you also have the possibility to check the products and quantities and, if necessary, to change, remove or correct them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All specified delivery times apply from receipt of your payment of the purchase price. If you click on the "Order with costs" button, you place a binding order to purchase the listed products at the stated price and shipping costs. To complete the ordering process using the "Order with costs" button, you must first accept these conditions as legally binding for your order by clicking on the corresponding box.
(4) We will then send you an e-mail confirming receipt of your order, in which your order is listed again and which you can then print out or save using the appropriate function. Please note that this is an automatic notification, which only proves that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - for which a payment transaction is initiated immediately when your order is submitted (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt) . In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process, as described above, by clicking the "Order with costs" button.
(6) The purchase contract can be concluded in [German] language. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.
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Copyright and rights of use
The photographer (MW munich VISUALDESIGN) is entitled to the copyright of the created photos and videos according to the copyright law. The client (user) acquires with the complete payment all rights of use of the created pictures. The created images and photos and videos are basically only, if not otherwise agreed, for the own use of the client.
Right of use for photos and videos from the store
For picture or film material acquired in the store, the customer is granted a simple right of use. This means that the originator (MW munich VISUALDESIGN) retains the right to multiple sales. When licensing stock photos, the originator grants the licensee rights of use to the licensed photos. The licensee receives a non-exclusive and non-transferable right of use. Unless otherwise agreed, the author may request to be named when the licensed photos are published.
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Booking offered services
(1) You can make bookings to purchase the services offered. Through our Site or our Services, we may authorize you to make appointments to use the Services we offer. When you make an appointment for any of the services we offer, you agree to be at the specified location at the scheduled time and to pay the price shown using the agreed method of payment. If you are unable to keep the scheduled appointment, you agree to cancel that appointment no later than 24 (twenty-four) hours prior to the originally scheduled time. If you do not cancel an agreed appointment or if you do not cancel it at least 24 (twenty-four) hours in advance, you will not receive a refund for payments already made.
(2) We may request payment for a specific service offered. When you make a payment in our offered services, you agree that: (i) you are responsible for reading the full listing and description of the services offered before committing to make a booking, and (ii) you are entering into a legally binding contract to book an offered service when you complete the booking process.
(3) You can select the services offered and available dates that you want to book and collect them in a shopping cart by making the appropriate selections (e.g. type of services offered, quantity (if applicable), date and time of the appointment) and click on the respective button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct inadvertent pricing errors with future effect.
(4) Before you click on the "Book" button, all the services and appointments you have chosen, including the total price, will be displayed again in a booking summary. You can then identify and correct any input errors before you issue your final, binding booking order. By clicking on the "Book with obligation to pay" button, you place a binding order for the booking of the services offered on the selected date. However, the order can only be placed and transmitted once you have accepted these conditions by clicking on the appropriate box and thus included them in your booking order.
(5) We will then send you an automatic acknowledgment of receipt for your booking order by e-mail, in which your booking order is listed again and which you can then print out or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet represent our acceptance of this order.
(6) The legally binding agreement on booking the services offered is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - in which a payment transaction is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process, as described above, using the "Book with obligation to pay" button.
(7) The contract can be concluded in [German] language. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.
(8) The fees for the services offered are due before the start of the service. In the event that payment for the services offered is to be made offline, you hereby agree to send payment in full prior to the scheduled time of the appointment. We reserve the right to refuse to provide any of the services offered at any time if payment has not been received.
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Refunds are not subject to cancellation protection
Agreed appointments for services offered may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.
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Right of withdrawal
(1) If you purchase one or more products through the Site or the Services that are sent in one delivery, the instructions on the right of withdrawal apply Annex 1 on these terms.
(2) If you purchase one or more products through the Site or the Services that are shipped in installments, the instructions on the right of withdrawal apply Annex 2 on these terms.
(3) If you purchase one or more products through the Site or the Services consisting of digital content that is not supplied on a physical medium (e.g. CDs or DVDs), the instructions on the right of withdrawal apply Annex 3 on these terms.
(4) To exercise your right of withdrawal, you can fill out the withdrawal form Annex 4 use on these terms. However, this is not absolutely necessary.
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Warranty for Products
We are liable in accordance with the statutory warranty provisions for quality defects and/or defects in title of the products that you buy from us.
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Storage of online payment details
You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
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Vouchers, gift cards and other offers
Coupons, gift cards or discounts and other offers (“Offers”) may be available for our Products from time to time. Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.
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Member account
(1) In order to access and use certain areas and features of our site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your member account.
(2) If a person other than yourself accesses your member account and/or your settings, they can take all actions available to you and e.g. B. Make changes to your member account. Therefore, we strongly advise you to keep your member account login details safe. Such activities are presumed to be for you and on your behalf, and you shall be solely responsible for those activities, whether or not expressly authorized by you, that occur under your member account and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login information.
(3) You may create and access your member account through a dedicated website or through a third party platform such as Facebook (the "Social Network Account"). If you log in using a third-party platform account, you hereby give us access to certain information about you stored on your social network account.
(4) We may permanently or temporarily block or suspend your access to the member account without liability to you in order to protect us, our site and our services or other users, for example if you violate any provisions of these Terms or applicable law or regulations in connection with your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your membership account upon two months' notice by email if, for example, we discontinue our membership account program. You can stop using it and request the deletion of your member account at any time by contacting us.
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Permitted Use
(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, do not: (i) use our Services in any unlawful or fraudulent manner (including to violate the rights of any third party) or for any purpose to collect personally identifiable information or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to disrupt, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not meet our content standards; (v) use our Services to deliver, or facilitate the delivery of, any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data, or upload data to our Services, that contains any virus, trojan horse, worm, time bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code that could damage the operation of any computer software or hardware intended to affect; (vii) use robots, spiders, other automatic devices or manual methods to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or usage data from extract from our Services; (viii) engage in behavior that restricts or inhibits other users from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that violates these Terms, allegedly or in fact.
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Intellectual Property Rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the Wording in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set out in relation to such content on the Site.
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Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). specific purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our Services, etc.) except for cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for products that you purchase from us as set out in the “Warranty for Products” section above.
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Exemption
You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, unless such circumstances are not your fault.
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Limitation of Liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and on which you can ordinarily rely and reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.
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Changing the Terms and the Services; attitude
We reserve the right to change these Terms from time to time, in our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise advance our business. Therefore, you should read these terms regularly and in any case during the checkout process when you buy products. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing Services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.
We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.
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Links to Third Party Sites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.
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Applicable Law
(1) These Terms shall be governed by the laws of the [Federal Republic of Germany] (without regard to conflict of law provisions) and shall be construed accordingly.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.
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VARIOUS
(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.
(2) The headings used in these terms are for better understanding only and have no legal significance.
(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.
(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us relating to the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.
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Contact
To contact us, please send an email to:
Name: MW Munich VISUALDESIGN / Michael Wenzel
Address: Spiegelstrasse 2a, 81241 Munich
Email: mw@visualdesign-muenchen.de
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Annex 1
If you have purchased one or more products through the Site or the Services that will be sent in one delivery, the following instructions will inform you of your right of withdrawal:
Annex 2
If you have purchased one or more products through the Site or the Services that are shipped in installments, the following instructions on the right of withdrawal apply:
Instructions on the right of withdrawal
Annex 3
If you have purchased one or more products through the Site or the Services consisting of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), the following instructions on the right of withdrawal apply:
Instructions on the right of withdrawal
Annex 4
You can (but do not have to) use the following withdrawal form for this.
In this article
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these conditions
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purchase of products
-
Booking offered services
-
right of withdrawal
-
Warranty for Products
-
Storage of online payment details
-
Vouchers, gift cards and other offers
-
member account
-
Permitted Use
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Intellectual Property Rights
-
Disclaimer of Warranties for Use of the Site and Services
-
exemption
-
Limitation of Liability
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Changing the Terms and the Services; attitude
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Links to Third Party Sites
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Applicable Law
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VARIOUS
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Contact
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Annex 1
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Annex 2
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Annex 3
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Annex 4
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