GENERAL TERMS AND CONDITIONS
Welcome to Visual Conversion!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Armand & Daioleslami – Visual Conversion GbR (hereinafter referred to as “Supplier”) and you (hereinafter referred to as “Customer”), in the version valid at the time of conclusion of the contract.
(2) Deviating General Terms and Conditions of the Purchaser shall be rejected.
Please read these terms carefully before using any service provided by Armand & Daioleslami GbR – Visual Conversion.
(3) On Visual Conversion we offer the following services:
Design – Photo – Design – Product photography – Photography Videography – Branding
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The orderer must have reached the age of 18.
(3) By agreeing to the offer, the customer accepts these GTC and a contractual relationship is established between Visual Conversion and the registered customer, which is governed by the provisions of these GTC.
(4) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is simply invited to make an offer.
(5) With the order (confirmation by email) of a paid service, the registered customer enters into another contractual relationship with Visual Conversion, which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment prior to the conclusion of this contractual relationship.
(6) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will notify you for each service if electronic billing is available. For more information about electronic invoices, visit our website.
§ 3 Description of the scope of services
The scope of Visual Conversion consists of the following services:
§ 4 Terms of payment
(1) Any fee due shall be paid to Visual Conversion in advance, on the due date, without any deduction.
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The Customer is not allowed to pay for the service by sending cash or checks.
(4) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider’s account within five calendar days after receipt of the order.
(6) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the amounts due.
(7) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to lack of funds in the account or due to incorrectly transmitted bank account data, the customer shall bear the costs for this.
(8) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
(9) Settlement may be effected by the following means of payment:
– Credit card
– Debit note:
In the event of a return debit note for which the customer is responsible, Armand & Daioleslami GbR will charge a lump-sum compensation of €8 (eight euros). The customer may prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum. The above provisions apply mutatis mutandis to payments of the purchase price of goods sold by third parties.
§ 5 Registration and termination
(1) Furthermore, the Customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offense endangering the safety of third parties, in particular of a criminal offense against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user is, subject to reservation, entitled to unsubscribe in writing by mail, e-mail or telephone at any time without stating a reason. At the same time, it is possible to completely and manually deactivate the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, he or she may cancel the registration no later than ________ days before the booking period. If this deadline is not met, the chargeable service will be extended by this period, depending on the booking period selected, and the cancellation will not take effect until the end of the subsequent booking period. Cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated. In case of cancellation by phone, the individual phone password is required.
(4) Visual Conversion may, at its sole discretion, terminate the Agreement at any time, with or without notice and without cause. Visual Conversion further reserves the right to remove profiles and/or any content posted on the website by or from the user. In case Visual Conversion terminates the User’s registration and/or removes the User’s profiles or published content, Visual Conversion is not obliged to inform the User about it nor about the reason of the termination or removal.
(5) Following any termination of any individual use of the services of Visual Conversion, Visual Conversion reserves the right to send an information about it to other registered users with whom Visual Conversion assumes that they were in contact with the user. Visual Conversion’s decision to terminate the user’s registration and/or notify other users with whom Visual Conversion believes the user has been in contact does not imply or state that Visual Conversion makes any statements about the user’s individual character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such disclosures may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a user’s access is blocked and/or the contractual relationship is terminated due to culpable breach of contract, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the remuneration. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all data of the user will be deleted by Visual Conversion.
§ 6 Limitation of liability (services)
(1) Visual Conversion assumes no responsibility for the content and accuracy of the information contained in the registration and profile data of the Orderers and other content generated by the Orderers.
(2) With regard to the service sought or offered, the contract shall be concluded exclusively between the respective ordering parties involved. Therefore, Visual Conversion is not liable for the performance of the participating purchasers. Accordingly, all matters relating to the relationship between the Ordering Parties, including, without limitation, services received by a Searcher or payments due to Ordering Parties, shall be addressed directly to the respective party. Visual Conversion cannot be held responsible for and hereby expressly disclaims any and all liability claims of whatever nature including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in whatever way related to the aforementioned matters.
(3) (Armand & Daioleslami GbR) is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by (Armand & Daioleslami GbR) or an intentional or negligent breach of duty by a legal representative or vicarious agent of (Armand & Daioleslami GbR).
(4) For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely), (Armand & Daioleslami GbR) Europe is only liable if they are based on an intentional or grossly negligent breach of duty by GbR (Armand & Daioleslami GbR) or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of GbR (Armand & Daioleslami GbR).
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In case of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, with the statute of limitations commencing at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Section 199 (1) of the German Civil Code). BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 7 Offsetting and right of retention
(1) The Purchaser shall only have the right to offset if the Purchaser’s counterclaim has been legally established or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 8 Cancellation policy
(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must:
Armand & Daioleslami GbR
Hansaring, 2150670 CologneGermany
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return center within the period defined below.
For additional information regarding coverage, content, and exercise explanations, please contact our Customer Service Department.
(3) Consequences of revocation
If you revoke this contract, we shall 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 most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- in the case of services, if Visual Conversion has provided them in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control.
§ 9 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive from Visual Conversion complete and free information about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 10 Cookies
(4) We draw your attention to the fact that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 11 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the registered office of the Provider.
§ 12 Final provisions
(1) The contractual language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can be purchased only by adults. If you are under 18, you may use Visual Conversion only with the involvement of a parent or guardian.
(3) If you breach these T&C and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, rules, conditions including these GTC at any time. Your order will be subject to the terms and conditions of sale, contract and general terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.