Terms and conditions
§ 1 Inclusion of the General Terms and Conditions
Services, conclusion of contract, execution of orders
- weddies offers bridal couples, their guests and photographers the opportunity to upload and store any media files in so-called digital wedding albums on its websites (www.weddies.de/at/ch/net) and mobile applications and to make them accessible to a specific group of people via the Internet. In addition, weddies offers customers the option of creating prints of media files and/or having the media files saved digitally on a storage medium of their choice.
The use of the weddies service requires the registration of the customer's data. The information provided by the customer regarding this data must be complete and truthful. When registering, the customer must enter a personal password. Access to all customer data stored by weddies is only possible with this password.
- The contract is concluded when the order placed by the customer via the Internet ("offer") has been confirmed by weddies by email ("acceptance").
The contract language is German. Translations into other languages are for information purposes only. The German text shall take precedence in the event of any differences.
- Weddies commissions an external service provider to produce the photo prints, who in turn delivers the order directly to the customer.
Scope of service / prices / term
The current offers and the currently valid prices as well as the shipping costs can be found on the weddies homepage on the Internet at www.weddies.de/page/pricing. Special promotions and individual agreements are reserved. All prices stated there are final prices including VAT.
weddies reserves the right to change the scope of services at any time and to discontinue them temporarily or permanently.
- weddies reserves the right to delete the stored media files 14 days after expiry of the term and after prior notification.
Shipping / Delivery time
Shipping is carried out by weddies and / or by the service provider commissioned by weddies within Germany. The photo prints will be dispatched by the service provider within 7 days of receipt of the order. The storage media will be dispatched by weddies within 7 days of receipt of the order.
Terms of payment / Retention of title
- Registration of the customer as a user of the weddies service is free of charge. The digital development of image files and other weddies services are subject to a charge. Shipping costs are charged for deliveries.
- Payment is made by invoice, credit card or PayPal. weddies reserves the right to exclude payment methods in individual cases. The invoice amount is due for payment without deduction within 14 days of receipt of the delivery and the invoice. The customer shall be in default of payment with a reminder or otherwise automatically 30 days after receipt of the invoice, which entitles weddies to claim default interest and default damages in accordance with § 288 BGB. weddies reserves the right to block access to the online album until full payment has been received. If the customer has not yet paid for previous orders, weddies also reserves the right to wait until payment has been received before sending the processed order or to deliver only against payment by PayPal.
- As far as actually and legally possible, the delivered products remain the property of weddies until full payment has been received.
Granting of rights of use
The customer retains all rights to all data transferred to weddies or to persons authorized by weddies. In order to be able to carry out the customer's order, the customer grants weddies the right to use the media data provided to weddies for the services to be provided for the duration of the processing until the order has been duly completed. This right of use includes in particular the storage, duplication and processing of the media data.
The entire content of the website, the programs installed on the website and the programs made available for download by weddies are the property of weddies or its suppliers and are protected by copyright. The customer may only download the software required to execute the order and may only use it to process the order. weddies or its suppliers grant the customer a non-exclusive license for the duration of their business relationship. Any other non-commercial or commercial use is not permitted.
Warranty / Liability
- weddies assumes liability for material defects in accordance with the statutory provisions on purchase pursuant to §§ 433 ff. BGB, unless otherwise stipulated below.
- A special quality of the goods to be delivered is not agreed. The delivered goods shall be deemed defective if they do not meet the technical standard of digital photo development and processing. Color differences between the images and the original photographs cannot be technically avoided and are therefore not defects. Likewise, a defect does not exist if a loss of quality is caused by the characteristics of the original files (e.g. "lack of resolution") of the customer. weddies does not assume any guarantee of quality or durability.
- The customer must notify weddies in writing of any obvious defects in the delivered goods that are apparent without special attention immediately upon delivery, but no later than two weeks after receipt, specifying the defect. However, a later assertion of obvious defects shall not lead to a loss of warranty rights for a consumer.
- If the order is placed by an entrepreneur within the scope of his professional activity, the entrepreneur is obliged to inspect the goods immediately upon receipt and to report any recognizable defects within one week. If the entrepreneur fails to give notice, the goods shall be deemed to have been approved. The same shall apply to defects that appear later.
- weddies is entitled to the right of subsequent performance. However, the customer reserves the right to reduce the price or withdraw from the contract if subsequent performance fails. In the event of withdrawal from the contract, the customer is obliged to return the goods in full.
- If the delivered goods are defective, subsequent performance shall take the form of a replacement delivery. Weddies is entitled to a total of two attempts at subsequent performance. If these are unsuccessful or if weddies does not fulfill the supplementary performance despite a reasonable deadline set by the customer, the supplementary performance shall be deemed to have failed and the customer shall be entitled to the statutory claims specified in Section 5.
- weddies excludes liability for slightly negligent breaches of duty insofar as they do not concern damages arising from injury to life, limb or health or claims under the Product Liability Act. Furthermore, liability for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. The same applies to breaches by vicarious agents.
- The amount of the claim for damages is limited to the foreseeable damage typical for the contract.
Copyrights / Unauthorized use
- The customer is solely responsible for the content of the transmitted media files. The customer assures weddies that no copyrights, trademark rights or other rights of third parties, in particular of persons or objects depicted in the media files, are infringed by the contractual processing of the order. If third parties assert an infringement of their rights to images, image files or a violation of their personal rights against weddies, the customer placing the media files in question undertakes to indemnify weddies against all claims asserted against weddies by third parties at the latest on first written request and to compensate weddies for all damages resulting from the infringement, including the necessary costs of legal defense.
- weddies attaches great importance to compliance with the protection of minors and the observance of personal rights. The customer is therefore not permitted to upload media files that contain criminal, illegal or immoral, in particular pornographic, inciting or extremist content. Should weddies become aware of any violations of this guarantee, weddies may remove these files without prior notice and will immediately involve the criminal prosecution authorities in the event of urgent suspicion or clearly criminal acts.
Right of withdrawal
Cancellation policy for non-personalized goods
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the goods are delivered to you before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations under § 312 g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be sent to:
weddies family GmbH
Zum Schoren 4a
+49 7733 9819 606
Cancellation policy - for personalized goods
There is no right of withdrawal for prints of images and products that are produced by the customer when ordering by using images or other graphic illustrations according to customer specifications or are clearly tailored to personal needs. Revocation is excluded in this respect in accordance with § 312 d Para. 4 No. 1 BGB.
- End of the withdrawal policy -
Statutory warranty rights are not affected by the exclusion of the right of withdrawal.
Confidentiality of data
weddies collects and processes data in compliance with the applicable German data protection regulations, in particular the BDSG. Customer data is used exclusively for processing the customer order and for improving the range of products and services offered by weddies. weddies will treat customer data confidentially and will not pass it on to third parties unless it is necessary to have the data processed by third parties in Germany or abroad as part of order processing, whereby these third parties are contractually obliged to treat the data confidentially. The customer's media data and the data of the other photo products are stored by weddies for the production of the photos and other photo products and are automatically deleted after completion of the order and expiry of the package term, taking into account any statutory retention periods.
weddies reserves the right to change these GTC if there is an objective reason for the change, such as changes in the law, changes in jurisdiction or changes in economic circumstances. weddies will inform the customer in good time of any planned changes to the GTC. The customer has a 14-day right of withdrawal after being informed.
- If the customer does not have a place of residence or habitual abode in Germany at the time of taking legal action or if the customer is an entrepreneur in the context of his commercial activity, Singen (Hohentwiel) is agreed as the place of jurisdiction.
- Should one or more of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid provisions with provisions that come as close as possible to the intended purpose. The same applies in the event of a loophole.