iPostcard General Terms and Conditions
The General Terms and Conditions defined below contain heretofore formulated simplified clauses which constitute the grounds for an agreement between a customer or an employer and
a company represented by Adam Richter
address: Kropsburgstrasse 10
E-Mail address: firstname.lastname@example.org
Telephone: +49 15223092823
VAT UE number: DE313050269,
hereinafter referred to as iPostcard.
Simultaneously, it is hereby notified that any other commercial terms and conditions, including the terms and conditions of the employer, shall not apply, and all agreements shall be concluded on the basis of the General Terms and Conditions in force.
The employer is a consumer, as long as the services ordered do not refer to its business activity or its independent professional activity. An entrepreneur, on the other hand, is each and every natural person or legal person or partnership, with full legal capacity, which as of the conclusion of the agreement performs its business activity or independent professional activity.
Conclusion of the Agreement
The Agreement is concluded exclusively via the iPostcard application. By placing an order for our services via the iPostcard application, the employer accepts our General Terms and Conditions.
The procedure of the order placement and the agreement conclusion in the iPostcard application comprises the following steps:
Selection of the offer in compliance with the employer’s own specification (photographs, motifs, texts, videos)
Clicking the button ‘Send order’
Selection of the payment method
Clicking the button ‘Pay’ (Braintree(PayPal))
Information with the order confirmation stating the receipt of the order.
The agreement is concluded as of the time when the information on the order confirmation is provided.
If we are not able to deliver the postcards and greeting cards ordered by you, the agreement is not concluded. We shall notify you about it immediately and we shall return the already received consideration as soon as possible.
If the employer provides unlawful information or information that is contrary to good practice, iPostcard shall have the right to withdraw from this agreement.
Scope of Obligations
Contractual obligations comprise production of the data / media provided by the employer for the purposes of manufacturing postcards / greeting cards and dispatch of such cards to the address provided by the employer. In this respect iPostcard can subcontract the delivery of the postcards / greeting cards to a competent shipping company. The service shall be deemed performed as of the moment of forwarding the order to the shipping company.
iPostcard is not obliged to verify the correctness or completeness of the data provided or the compliance with law.
iPostcard hereby waives any liability for defects resulting from the data provided by the employer.
Right to Withdraw from the Agreement
Services offered by the operator constitute printed materials, individually adjusted to each employer and its needs. In principle, in such circumstances under § 312 g section 2 no. 1 of the Civil Code the right to withdraw from the agreement is excluded.
Prices and Costs of Delivery
The prices quoted by iPostcard are final prices, inclusive of the statutory tax on goods and services (VAT) and the costs of delivery. Should there arise any other relevant costs, it shall be notified prior to the order placement.
Terms of Payment
The customer can execute the payment only in the following way: entity offering payment processing services Braintree(PayPal).
Other payment methods are neither offered nor accepted.
Terms of Delivery
We can perform partial deliveries, if justified.
The time of delivery in Germany is ca. 2-3 working days.
The time of delivery beyond the territory of Germany is ca. 3-5 working days.
The time of delivery starts as of the conclusion of the agreement.
The employer commits to verify and guarantee the legal acceptability of the service order prior to the order placement. The employer guarantees that the photographs, motifs, texts, and multimedia (videos) provided by it to iPostcard do not breach any rights of any third parties, in particular do not breach their moral rights and copyrights.
Furthermore, the employer undertakes that in the event of any breach of legal regulations caused by it, it shall release iPostcard from and against any claims of holders of such rights and shall reimburse the costs of legal representation, if any. The employer grants iPostcard with a right – unlimited in time and space – to make use of the data provided by the employer (photographs, motifs, texts, videos) for the purposes of production and dispatch.
Retention of Title
The delivered goods remain the property of iPostcard until their total sale price is paid.
The governing law is the law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The consumer is entitled to choose the law only if it does not limit any mandatory provisions of law in the country where it is domiciled or habitually resident. Any additional arrangements and amendments to the agreement shall be made in writing. In the event of trade relations with traders, legal persons subject to the public law, and in the event of a separated public-private property, the court competent to handle legal actions is a court of law with the jurisdiction over the operator’s registered office. If the operator does not pursue its claims in the writ-of-payment proceedings, the court of law competent to handle matters of parties who are not traders is a court of law with the jurisdiction over their place of residence. The place of the obligation fulfilment is our registered office.