LetterJames offers an online printing service for ordering photo calendars, photo books and posters with individual motifs in accordance with the offer on the website. In order to govern business relations, these General Terms and Conditions will apply in this version from the moment in which the customer sends his order and thereby expressly recognizes these terms and conditions.
In accordance with the menu navigation on the website, the customer orders by sending his / her order to LetterJames . This order represents a binding offer in the form of a print order, which is considered accepted by LetterJames only once it is has been followed up by an order confirmation / invoice sent via e-mail. The order must be paid for in advance by bank transfer by direct debit paypal or credit card. LetterJames is only obligated to render services once it has unlimited disposal over the incoming payment. In accordance with § 312d, Sec. 4, Numeral 1 BGB [German Civil Code] it is not possible for the order to be cancelled by the customer since the created photo products are specially produced according to the customer's wishes.
Shipping costs will be paid by the customer; the shipping costs at usual conditions are displayed when the order is placed. The shipping costs are listed on the order confirmation / invoice and are paid with the payment of the invoice. The date of shipment will be determined in accordance with the current information on the website. The transport risk is transferred to the customer once the good has been handed over to a shipping company. The customer does not have a right to claim damages from LetterJames due to a delayed shipment unless this has occurred intentionally or due to gross negligence.
The calendars, books and posters are printed with the most modern digital printing machines. The quality corresponds to the maximum standard possible with today's current technology. A good can be rejected if it does not correspond to the technical standard of digital printing. Flaws in quality due to insufficient photo resolutions or color deviations for printouts from laser or inkjet printers or on photo paper or monitors are excluded. This also applies for repeat orders.
5. Right of Utilization of LetterJames Images / AlphaPictures
The right of utilization of the personalized images (AlphaPictures) is only given for the issue which was announced in the order. Incorrect utilization of LetterJames products will be prosecuted and is associated with financial penalty. If required it will be also forwarded to the lawyer or the police. Incorrect utilization is for exsample: Racist usage pornografic usage insulting usage. Wrong volume indication multiple-shift usage and usage in not announced media.
6. Supplying of images and designs
In accordance with the offer, the customer supplies LetterJames with images by uploading them to the website.
7. Copyright on images and designs
All copyrights or other rights to an image or print design offered in image indexes shall remain the property of the customer. The partner gives LetterJames the right to use created or uploaded designs; this includes the permission to print these designs on LetterJames products. LetterJames is otherwise not permitted to distribute or sell the customer's motifs. By uploading an image or design, the customer or partner guarantees LetterJames that the rights to the image or design cannot be claimed by a third party. Full liability for copyright infringements is held by the person (customer) who made the image or design available for printing. The customer or partner also guarantees that the design or image does not violate the rights of any other third parties.
8. Contractual relationship with the customer
Customers who purchase calendars, books or posters with images or motifs from one of our partner websites are customers of LetterJames. An independent legal relationship results between the customer and LetterJames , which is separate from any legal relationship between the partner and the customer. Therefore only the rules, guidelines and business processes of LetterJames apply with regard to customer orders, customer services and product sales. LetterJames can change guidelines and business or order-technical processes at any time. Prices and availability are also subject to change.
9. Inquiries / Order Processing
LetterJames reserves the right to decline offers, inquiries and orders that do not correspond to the demands required by LetterJames for creating products. Furthermore, LetterJames reserves the right to decline customer orders, regardless of the reason.
10. Limitation of Liability and Exclusion of Liability
In as far as nothing else has been indicated, LetterJames cannot be held liable for lost profits, the loss of data or interruptions to or errors in the operation of LetterJames website - regardless of the legal grounds. In as far as LetterJames 's liability is excluded or limited, this shall also apply for the personal liability for employees, representatives and assistants. LetterJames will not make any guarantees or give any assurances with regard to your website or the photo calendars sold through your website (including, among other things, the guarantee on the appropriateness of photo calendars for a contractual or common purpose, non-infringement on the rights of third parties or other guarantees which result from the fulfilment of the contract or a commercial practice). Furthermore, LetterJames cannot ensure that the operation of your website will not be interrupted or error-free; LetterJames is not liable for the results of any interruptions or errors. With regard to links to other websites, links will only be made to sites that do not violate prevailing German law. However since the contents of the sites referred to in the link can be continuously changed by the author, LetterJames takes no responsibility whatsoever for the factual correctness or legality of these contents.
11. Partial Nullity
Should one of the regulations in this agreement be or become invalid or unenforceable, the validity of the remaining regulations shall not be affected by this. In this case, the contractual partners will agree to replace the invalid or unenforceable regulation with a regulation that comes as close to the economic outcome of the previous regulation as possible.
12. AlphaPicture®s Terms and Conditions
AlphaPicture®s Terms and Conditions are written in the German language and translated into the English language. The German language version is valid and binding.
12. Place of Jurisdiction
German law applies. The place of jurisdiction for all claims relating to this business relationship is 70173 Stuttgart / Germany.Status: June 2012