Terms of Service

1. General

  1. The following Standard General Terms and Conditions are valid for all contracts, deliveries and other services of posterjack GmbH, Martin-Kollar-Str. 12, 81829 München, Germany (hereinafter: posterjack), in respect of its customers. In all cases, the valid version of the Standard General Terms and Conditions at the time of the order shall be applicable.
  2. Stipulations deviating from this on the customer’s part are hereby refused. Conditions deviating from this are only acknowledged by posterjack if this was agreed expressly and in writing. Ancillary agreements are to be concluded in writing; individual agreements thereby always take priority.
  3. The business relations between posterjack and the customer are subject to the law of the Federal Republic of Germany. For consumers, this stipulation of applicable law is valid only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has its ordinary residence is removed. The application of UN purchase law is excluded. The language of contract is German.
  4. The place of jurisdiction is Munich, insofar as the customer is a merchant or a legal entity under public law or a special asset under public law.
  5. We recommend that all transaction information and these Standard General Terms and Conditions are printed out when placing orders.

2. Confirmation of order and conclusion of contract

  1. Via the Internet site http://www.posterjack.com/, posterjack offers its customers the option to have images and posters printed onto photographic paper, canvas (framed or unframed) or onto plexiglass using their own image files, to have other products manufactured with individual photographic motifs (e.g. photo-books) and to obtain other accessory items. Posterjack is entitled to further commission third parties for the purposes of fulfilling the contract, with the contractual partner for the customer being posterjack in all cases.
  2. Where a customer uses the voluntary option of registering on the Internet site http://www.posterjack.com/ (“log-in”), then for future orders its contact details and the image files previously used are automatically available for it. The registration can be deleted by the customer at any time.
  3. The contract for the images, posters, canvases, other products and accessories orders (the merchandise) comes about only with an order confirmation, which posterjack sends following the order via e-mail to the address provided by the customer. The action of uploading the images and selecting the order data by the customer itself (the order) does not bring the contract into being.
  4. Posterjack reserves the right to decline orders if third-party rights are violated or laws would be breached in processing the order. In this eventuality, posterjack will advise the customer via e-mail of the refusal of the order.

3. Right of return under distance selling contracts

  1. The customer – insofar as it is a user of the item – may return the merchandise received within one month by sending the merchandise back, without giving reasons. The returns period begins following receipt of this advice in writing (e.g. as a letter, fax, or e-mail), albeit not before receipt of the merchandise (in the event of recurring supply of similar merchandise, not before receipt of the first part delivery) and also not before fulfilment of the obligations for information pursuant to Section 312 c Para. 2 BGB (Bürgerliches Gesetzbuch – German Civil Code) together with. § 1 Para. 1, 2 and 4 BGB-InfoV (BGB-Informationspflichten-Verordnung – the ordinance governing the duty to inform under BGB) and of the obligations pursuant to § 312e Para. 1 Sentence 1 BGB in conjunction with § 3 BGB-InfoV by posterjack. Only in the case of merchandise which cannot be returned by parcel post (e.g. for bulky goods), the customer may declare return of the merchandise via a written request for take-back. For the returns period to be respected, it is sufficient for the merchandise to be dispatched back or for the request for take-back to be issued. In each case, the return shipment is at the expense and risk of posterjack. The return shipment or the request for take-back is to be made to:
    posterjack GmbH
    Martin-Kollar-Str. 12
    81829 München, Deutschland,
    Fax: +49 (089) 4542 95922
    E-Mail: info@posterjack.co.uk
  2. There is no right of return for the supply of merchandise being manufactured to customer specifications or clearly customised to personal requirements or which is not suitable for return shipment by reason of its nature.
  3. In the case of a valid return, the benefits received by both sides are to be paid back and uses possibly drawn thereunder (e.g. benefits from use) are to be surrendered. In the event of deterioration in the merchandise, a demand may be made for indemnification according to value. This shall not apply if the deterioration in the merchandise is attributable solely to the examination of same – as would have been possible, for instance, in a store. Further to this, the customer can avoid the obligation for indemnification according to value for a deterioration that has arisen through starting to use the item as set down in the contract by not taking the merchandise into use as its own property and desisting from anything which impairs its value. Obligations for reimbursement of payments must be satisfied within 30 days. The period begins for the customer with the sending back of the merchandise or of the request for take-back, and for posterjack with receipt of same.
  4. End of the advice regarding returns

4. Content of the image files, infringement of third-party rights

  1. The customer is solely responsible for the content of the transferred image files.
  2. The requisite customer copyrights, trademark rights or other rights are a precondition for all orders sent to posterjack for printing of images and posters and other products using individual photographic motifs. posterjack points out that third parties can lodge significant demands for compensation against customers in the event that content infringes copyright. The customer is liable for all consequences arising from a breach of the aforementioned rights and releases posterjack from all liability in the event of a claim by a third party.
  3. In placing the order, the customer gives an assurance that the content of the transferred image files does not breach the criminal laws, in particular the regulations regarding the dissemination of child pornography ((§ 184 StGB – Strafgesetzbuch – German Penal Code). Posterjack reserves the right to alert the authorities immediately in the event of a breach of this assurance.

5. Prices and delivery

  1. Delivery of the merchandise is made on the basis of the prices valid at the time of order and indicated on the Internet site http://www.posterjack.co.uk/. All prices include turnover tax and are quoted exclusive of the costs for postage and packaging, which are advised to the customer before the order is placed.
  2. Dispatch of merchandise by posterjack is against advance payment by the customer. Payment of the purchase price is made immediately following confirmation of order via bank transfer, credit card collection or bank collection.
  3. In the event of a direct debit owed by the customer and re-credited, the customer is obliged to compensate the bank charges incurred in full. Posterjack will pass on any bank charges it has incurred to the customer.
  4. The merchandise is supplied to the address given by the customer, insofar as no arrangements deviating from this have been expressly agreed. Posterjack reserves the right to make part delivery, insofar as this appears beneficial for rapid handling of the order.
  5. Dispatch of merchandise by posterjack is effected within 5 working days following receipt of payment. Delivery dates indicated by posterjack are however non-binding, insofar as they have not been assured in a binding manner in writing or via e-mail in the exceptional instance. Delay in delivery by posterjack does not entitle the customer to claims for compensation, unless the delay in delivery was caused intentionally or through gross negligence by posterjack. The customer’s right to rescind a contract remains unaffected.

6. Retention of ownership, offsetting

  1. The merchandise supplied remains the property of posterjack until all claims under the contract have been satisfied; in the event that the customer is a legal entity under public law, a special asset under public law or an entrepreneur exercising his commercial or independent professional activity, retention of ownership extends beyond the current business relations until settlement of all claims due to posterjack in connection with the contract.
  2. The right to offset is only due to the customer if its counterclaims have been acknowledged by posterjack or have been determined with force of law. The customer is only authorised to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

7. Liability for defects

  1. Photographs, posters or canvases and products with individual photographic motifs are defective if they do not match the technical standard of digital photo printing.
  2. Only technical faults which would have been avoidable given the current state of the art are to be deemed as defects, but not aspects relating to considerations of taste. Differences in colour, image cropping or colour shifts between the images and posters and the original data are not defects. Loss of quality due to deficient quality (e.g. resolution) of the original image data is similarly not a defect.
  3. Posterjack draws attention to the fact that the images and posters offered on the Internet site http://www.posterjack.com/ are, in individual instances, not waterproof and/or not UV-resistant; if exposed to sunlight over an extended period, colour fading may result. The customer will find the corresponding advice in the product descriptions of the products concerned.
  4. Defects are to be the subject of complaint to posterjack within the statutory warranty period of 2 years. If defects are evident and if the complaint was lodged in a timely manner, posterjack is entitled to make subsequent performance. In other respects, the statutory provisions are applicable with regard to the warranty.

8. Points to respect in the event of damage during transport

  1. If merchandise is delivered with evident damage to the packaging or to the contents, then the customer should immediately complain to the carrier/freight company, without prejudice to its rights under warranty, and refuse acceptance, whilst also immediately contacting posterjack via e-mail to the address info@posterjack.com or in some other manner (fax/post), in order that posterjack can safeguard its possible rights in respect of the carrier/freight company.
  2. Hidden defects are to be reported by the customer to posterjack – similarly without prejudice to possible rights under warranty – after they are discovered, in order that possible claims under warranty against third parties can be safeguarded.
<4>9. Exclusion of liability
  1. Posterjack shall endeavour to maintain the Internet site http://www.posterjack.com/ in a state of operational readiness at all times, but posterjack accepts no liability for damages and defects which arise for a customer in the event of temporary unavailability of the website or in the event of other technical problems. Posterjack is similarly not liable for the loss of or damage to image files when data carriers are sent by post by the customer or sent via electronic data transfer.
  2. Posterjack is liable without restriction for breaches of obligations by posterjack or its representatives or vicarious agents where these are based on intent or gross negligence. If a non-essential contractual obligation is culpably breached, then posterjack’s liability shall be limited to the foreseeable damage which typically occurs in comparable instances. In other regards, liability is excluded.
  3. Posterjack’s liability for injury to life, physical injury and injury to health, and liability under the German product liability law remains unaffected by the provisions of Clauses 1 and 2.

10. Data protection, backing up of image files

  • The customer is aware of and consents to the fact that the personal data required to handle the order (including name, delivery and invoicing address, e-mail address, IP address) is stored by posterjack on data carriers. The customer expressly consents to the gathering, processing and use of its personal data. The personal data that is stored is, naturally, treated as confidential by posterjack. The gathering, processing and use of the customer’s personal data is undertaken respecting the German Federal law on data protection (Bundesdatenschutzgesetz - BDSG), the law governing telemedia (Telemediengesetz –TMG) and the statement on data protection.
  • The customer has the right to revoke its consent at any time with future effect. Posterjack is obliged in this eventuality to delete the customer’s personal data immediately. Where order processes are ongoing, the data is deleted following completion of the order process.
  • The customer is obliged not to delete the image files of the posters and photographs ordered until proper receipt of the service ordered. Posterjack backs up the data transferred by the customer for the purposes of processing complaints for a period of 6 weeks following the shipment to the customer. If the customer has registered voluntarily for this service, the image files are stored until the registration is deleted, but for a maximum of 12 months. After this, the data is deleted.

    • Version dated 15.07.2009