General Terms and Conditions (T&C)
Photography Art is our main business. Therefore, the rules set out below we agree are binding between you and us.
‘us’ being
Speaking Pictures
A brand of Kay Müller Marketing Service
Carrer de’s Ginebro 53A, Capdepera
Spain
Tel.: +49 15159493811
www.speaking.pictures.world
E-Mail: info@speaking-pictures.world
Our T&Cs are intended to regulate the business relationship between you and us in a binding and fair manner. Therefore, the basis for all orders and contracts is always the following General Terms and Conditions of Kay Müller Marketing Service, of which you confirm acknowledgement and comprehension by placing an order and/or logging into your customer account with us. You can view the terms and conditions here and print them out if required.
The following General Terms and Conditions shall apply exclusively to the business relationship between Kay Müller Marketing Service and the customer in the version valid at the time of the order. Any deviating terms and conditions from the customer side shall not be recognized by Kay Müller Marketing Service unless Kay Müller Marketing Service has expressly agreed to their validity in writing.
We would also like to point out the following in advance: The papers, dyes, chemicals and other materials used in the source materials and manufacturing processes may, like other dyes, change slightly over time, sometimes even from one production batch to the next. In particular, changes may occur over time due to high temperatures, high humidity – or high fluctuations thereof – as well as solar radiation.
In order for you to enjoy our products for an extended time, the photographs, laminations and frames should not be exposed to direct sunlight in whole or in part, hung directly over heaters, nor exposed to humidity levels exceeding those of normal residential spaces. Accordingly, photographs, laminations and frames are not suitable for outdoor spaces, basements, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and should, therefore, only be handled with gloves or comparable protection.
1. Who is permitted to register?
We ask for your understanding that only natural persons, legal entities or partnerships with unlimited legal capacity are permitted to register with us. In particular, minors are not allowed to register with us. We are compelled to ask that you provide complete and correct information as requested by us during registration, e.g. first and last name, current address (no P.O. Boxes) and telephone number (no value-added service numbers), a valid e-mail address and if applicable, your tax number(s) and information on VAT liability. We are entitled, but not obliged, to check the accuracy of the information provided.
If you are registering on behalf of a legal entity, this registration may only be made by a natural person who is authorized to represent the entity and whose name is required. If the data provided changes after registration, you are obliged to correct the information in your account immediately. You choose a username (your email address) and password when you register. The user name may not infringe upon the rights of third parties – in particular naming or trademark rights – and it may not be misleading and may not violate morality or the law. We are entitled to define formal requirements and restrictions for new usernames or to reject usernames – even at a later date.
2. What services do we provide?
At your request via the input tools provided on www.speaking-pictures.world, we will perform the following services: From the digital template provided by us, we will create physical prints, i.e. digital data reproduced on a mounting material with optional framing or lamination, e.g. for your own use or for resale, as well as digital product downloads, e.g. books.
3. What is the process for ordering from Speaking Pictures?
3.1 The presentation of products in the online store does not constitute a legally binding offer but a non-binding online catalogue. The products selected by you via the button “Add to shopping cart” will be summarized once again in an order overview at the end of the ordering process. In this case, you should check all the information provided during the ordering process and complete or correct it using the “Edit” button. By clicking the “Buy now” button, you are submitting your order information and making a binding declaration to Kay Müller Marketing Service that you wish to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting the order, you will receive an order and contract confirmation by e-mail, in which the details of your order will be listed again.
The text of your order will be stored by us and can be sent to you upon request after the completion of your order.
3.2. Kay Müller Marketing Service recommends that you use the print function of your browser to print the order details and the General Terms and Conditions in force at the time of ordering.
3.3 English is the contractual language available to you.
3.4 If the customer’s domestic or foreign VAT identification number cannot be validated as part of the qualified confirmation request via the European Commission’s VAT Information Exchange System (VIES) or if the customer has not provided a VAT identification number when placing the order, the order will be invoiced subject to VAT even in the case of cross-border delivery. The risk of non-validation of the VAT identification number provided shall be borne by the customer insofar as this is due to circumstances for which Kay Müller Marketing Service is not responsible.
4. What prices will we be charged?
4.1 The prices for our services pursuant to Section 2 of these T&Cs are derived from the prices mentioned under products in the online shop.
4.2 The prices stated in the online store are prices, including GST/VAT from the home country of Kay Müller Marketing Service. These are adjusted during the payment process to the current GST/VAT rate in the country of delivery (after specifying the delivery address).
4.3 We are entitled to change the price list for future orders at any time without separate notification.
5. How much are the shipping costs?
Shipping costs are not included in the price of the order and will be added to it in each case. The amount of shipping costs depends on the size of the image, the type of product ordered and the delivery address/country.
Information on shipping costs can be found here.
6. How is payment made?
6.1 Payment methods
The payment options that we currently offer and the conditions of their use can be found under Payment Options.
6.2 Payment due date
The purchase price – plus the shipping costs shown under point 5 – is to be paid in advance.
6.3 PayPal
In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then governed by the terms of PayPal.
6.4 Payment by direct debit is not possible.
6.5 In the event that the customer’s account does not have sufficient funds Kay Müller Marketing Service may demand a processing fee of EUR 5.00 from the customer.
6.6 If the customer is in default of payment, Kay Müller Marketing Service shall be entitled to charge default interest in the amount of 5 percentage points above the base rate of interest p.a. announced by the European Central Bank from time to time for consumers and 9 percentage points above the base rate of interest p.a. announced by the European Central Bank from time to time for businesses. In addition, Kay Müller Marketing Service may charge a flat rate of 5.00 EUR for the second reminder and 7.00 EUR for the third reminder. If it can be proven that Kay Müller Marketing Service has incurred higher damages due to the delay, Kay Müller Marketing Service shall be entitled to assert such damages.
6.7 The Purchaser may, in the above-mentioned cases, prove that Kay Müller Marketing Service did not suffer any damage at all or that the damage was lower than the above-mentioned flat rates.
7. When and how will the ordered work be delivered?
7.1 Information about production and delivery time can be found here.
7.2 Unless otherwise agreed, delivery shall be made from the warehouse to the delivery address specified by you. After delivery, you will usually receive a confirmation email from us.
7.3 If possible, everything will be delivered in one shipment. We are entitled to make partial deliveries insofar as this is reasonable for you. If we fulfil your order by partial delivery, you will only incur shipping costs for one partial delivery.
7.4 What factors have to be considered for a delivery outside of the EU?
If any taxes, customs duties or fees are incurred when shipping to countries outside of the EU, these will be borne by you.
7.5 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product.
7.6 Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
7.7 If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
8. Retention of title
The executed works shall remain the property of Kay Müller Marketing Service until full payment has been made.
9. Right of withdrawal
9.1 The customer has the right to cancel the contract without reason within 14 days after the day the customer (or someone nominated) receives the products, except for paragraph 9.5 and 9.6.
9.2 Referring to 9.1, the customer bears the direct costs of returning the goods.
9.3 The customer has the right to cancel the contract where the vendor changed the terms of the contract.
9.4 The customer has the right to cancel the contract in case the goods are defective or misdescribed. If the customer notices any damage, record the damage using two clear photos and contact our customer service immediately with the damage pictures: info@speaking-pictures.world.
9.5 The right to cancel the contract does not apply for works with a freely selectable size (variable size) from the Speaking Pictures portfolio. This is because these works are individually finished according to the customer’s preferences and then cut according to the customer’s needs. For individual products, the right of revocation of the order according to § 312(g)(2)(1) of the German Civil Code (BGB) (right of revocation and return for distance sale contracts) is excluded.
9.6 The right to cancel the contract does not apply to the supply of digital content not supplied on a physical medium.
9.7 Should the customer cancel the contract, the vendor will refund all payments received from the customer, including shipping costs to the customer’s address (except for additional costs from selecting a different type of delivery than the standard, cost-effective shipping the vendor offers). Referring to 9.1, the customer bears the direct costs of returning the goods.
9.8 The refund will be made within 14 days from the day on which the vendor has received the product back from the customer. For this repayment, we will use the same means of payment that were used by the customer for the original transaction, unless expressly agreed otherwise; in no case will you be charged for this repayment. Kay Müller Marketing Service may refuse to refund you until received the goods.
9.9 In case of cancellation, the customer needs to ensure that the work is packaged in the original packaging, including all protective material and that it is well protected. The vendor reduces the refund of the price to reflect any reduction in the value of the product if this has been caused by improper handling of the products.
9.10 For the customer to exercise its right to cancel, the customer must inform
Speaking Pictures
A brand of Kay Müller Marketing Service
Carrer de’s Ginebro 53A, Capdepera
Spain
of the decision to cancel in a clear, written statement by E-Mail on info@speaking-pictures.world. The customer must use the cancellation form the vendor provided here (link to the refund form). The deadline for the right to cancel will be met as long as the customer’s statement indicates the right to cancel and is sent within the allotted cancellation period.
9.11 Consequences of withdrawal
You must return the goods immediately and, in any case, no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is considered met if you have sent the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods. 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 in a way which is not necessary for inspecting the condition, properties and functioning of the goods.
10. What are your obligations to cooperate and responsibilities as the purchaser?
10.1 Third party rights
By placing an order, you declare that you have the necessary rights to the works you have ordered without restriction.
10.2 The content stored on the Speaking Pictures website may not be copied or distributed, used or reproduced in any other way without the prior consent of the copyright holder unless this is permitted by law or is necessary for accessing the website. This also applies to copying by means of “robot/crawler” search engine technologies or by other automatic mechanisms.
10.3 A password chosen by you or provided by us for the use of our services with your customer account must be treated confidentially and protected against misuse. You are liable for any damages resulting from misuse of your customer account and/or password for which you are responsible. You must keep your password secret and carefully secure access to your account. You are required to notify us immediately if there is any indication that your account has been misused by a third party.
11. What am I allowed to do with the purchased work?
11.1 Please note that when you purchase a work with content from our online shop, you are only acquiring material ownership of the work produced. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analogue or digital use is not permitted unless authorized by law.
11.2 You may resell the work as you wish.
12. What is the warranty for our services?
We are liable for defects in accordance with the applicable statutory provisions. The warranty period on goods delivered by us is 5 years. An additional guarantee exists for the goods delivered by us only if this was expressly provided in the order confirmation for the respective item.
13. What to do if you, as an entrepreneur, wish to complain about our performance?
13.1 If you are an entrepreneur according to § 14 BGB, your claims for defects presuppose that you have fulfilled your statutory obligations to inspect the goods and give notice of defects (§§ 377, 381 HGB (German Commercial Code)). If a defect becomes apparent during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to have been submitted without delay if it is sent within two weeks, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you shall notify us in writing of any obvious defects (including incorrect and short deliveries) within two weeks of delivery, whereby timely dispatch of the notification shall also suffice to meet the deadline. If you fail to properly inspect the goods and/or notify us of defects, our liability for the failure to notify us of the defect shall be excluded.
13.2 Defects in a part of the delivered goods do not entitle you to submit a complaint about the entire delivery, unless a partial delivery is of no legitimate interest to you.
14. How are we liable?
14.1 Within the scope of the statutory provisions, we are liable in each case without limitation for damages
(a) arising from injury to life, limb or health based on an intentional or negligent breach of duty or otherwise on intentional or negligent conduct on the part of Kay Müller Marketing Service or one of its legal representatives or vicarious agents;
(b) that are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct of the provider or one of its legal representatives or vicarious agents.
14.2 We are liable within limitations to compensate for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material obligations by Kay Müller Marketing Service or one of its legal representatives or vicarious agents. Essential obligations are those whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the Purchaser may rely.
14.3 The above provisions shall apply mutatis mutandis to Kay Müller Marketing Service’s liability with regard to the reimbursement of wasted expenditure.
14.4 Liability under the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.
14.5 If you fail to comply with the obligation to back up data as set out in 10.2 above and if you suffer damage in connection with this order, we shall not be liable for any such damage that could have been avoided if you had complied with the obligation to make a backup copy.
15. When do you release us from liability?
You shall indemnify us upon first request against all claims of third parties which they assert against us on the basis of or in connection with the culpable use of our offer by you from existing trademark, design patent, utility patent, patent, copyright and/or other intellectual property rights or in particular due to a violation of personal rights or due to violations of statutory prohibitions. The costs incurred by us in this respect for a reasonable legal defence and/or prosecution against third parties shall be borne by you.
If you recognize or must recognize that such a breach is imminent, you are obliged to inform us immediately.
16. What happens to my personal data?
You can find all relevant information to this regard in our privacy policy.
17. How long are the T&C valid?
These T&Cs shall apply exclusively in the version valid at the time of the order. We do not recognize any deviating conditions on your side unless we have expressly agreed to their validity in writing.
18. Which law and which jurisdiction are applicable to this contract?
The T&C are subject to the substantive law of Spain. The place of performance and jurisdiction for all disputes is the headquarters of Kay Müller Marketing Service. As of: January 1, 2024, Copyright © 2024 by Kay Müller Marketing Service. All rights reserved.
19. Information on online dispute resolution pursuant to Art 14(1) ODR Regulation and §§ 36(f) VSBG (German Consumer Dispute Resolution Act).
The European Commission provides a platform for online dispute resolution (ODR), which you can find at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
A list of the consumer arbitration bodies recognized in Germany can be found at
List of consumer arbitration bodies.
In any case, you may contact the Zentrums für Schlichtung e.V. (General Consumer Arbitration Board of the Center for Arbitration) Straßburger Str. 8, D-77694 Kehl; Phone: +49-7851-79579-40; Fax: +49-785-17957-94, Email: mail@verbraucher-schlichter.de. Internet: verbraucher-schlichter.de.
Status: January 2024 / Speaking Pictures (Kay Müller Marketing Service)
