Terms and conditions

§ 1 Scope of application

(1) The following terms and conditions are part of every contract between MakeMyMosaic GmbH (hereinafter: MakeMyMosaic), Uppsprunger Straße 24, 34431 Marsberg, represented by its managing director Volker Schlenke and the customer (hereinafter: customer) as well as their legal successors.
(2) MakeMyMosaic provides services, performances and deliveries exclusively on the basis of these general terms and conditions.

§ 2 Contract / contractual services

(1) The presentation of services, especially in brochures, advertisements and on the Internet does not represent a binding offer from MakeMyMosaic.
(2) A contract only comes into effect with a written order confirmation from MakeMyMosaic or with the beginning of the contract execution by MakeMyMosaic. Additional agreements, changes and additions are only valid if MakeMyMosaic confirms them in writing.
(3) MakeMyMosaic reserves the right to reject customer applications in individual cases. Customer applications can be rejected if the order deviates from the requirements specified by MakeMyMosaic or if the customer is known to be unworthy of credit.

§ 3 Copyrights

(1) MakeMyMosaic is not the author of the images offered on its website. The author is rather a commercial or private customer of MakeMyMosaic.
(2) MakeMyMosaic has received an unrestricted right of use of the pictures from them and is therefore authorized to process them for printing, to sell the finished products and thus to grant the customer a right of use. At the same time, the products are free of third party rights.
(3) The respective customer has further assured MakeMyMosaic that the use of the images described in paragraph 2 does not conflict with any copyrights, other trademark rights or other rights of third parties.
(4) The products sold may only be used by the customer for private use for an unlimited period of time and worldwide. On the other hand, commercial resale is prohibited, as well as any reproduction, distribution, making available to the public, modification and processing of the products.

§ 4 Duties of the customer

(1) The processing of transmitted data and images of the customer is carried out in a technically automated procedure without manual preliminary inspection and correction by MakeMyMosaic. By uploading files, the customer confirms that he/she has the right to distribute and reproduce the contents and materials of this file.
(2) The customer guarantees that the contents and materials of the files sent do not violate applicable law.
(3) In addition, the customer guarantees that a) no illegal, violence glorifying, inciting, racist templates, materials and contents, propaganda material, signs of unconstitutional parties or their substitute organizations or instructions for committing crimes, pornographic templates, materials or contents that are the subject of sexual abuse of children or sexual acts with animals and also no discriminatory statements or representations regarding race, sex, religion, nationality, disability, sexual orientation or age are sent to MakeMyMosaic; that b) no laws for the protection of minors or criminal laws are violated. This applies in particular to the legal regulations of §§ 184 ff StGB (distribution of pornography), 185 ff StGB (insult, defamation, libel, slander) as well as the provisions of the Interstate Treaty on the Protection of Minors in the Media; c) that the templates (especially image and text files), contents and materials sent to MakeMyMosaic do not violate the general personal rights or copyrights, trademark rights or other protective rights of third parties.

§ 5 Delivery, delivery times

(1) Unless otherwise agreed, delivery is made from the printing house commissioned by MakeMyMosaic.

(2) Partial deliveries are permitted and are considered independent deliveries, unless a partial delivery is unreasonable for the customer due to the quantity of ordered images. The customer will not be invoiced for any additional costs arising from this.
(3) MakeMyMosaic always strives to meet the specified delivery dates. If MakeMyMosaic is in default, the customer may withdraw from the contract in accordance with the following provisions.
(4) The duration of the grace period to be set for MakeMyMosaic is set at two weeks. The period begins with the receipt of the customer’s setting of the grace period by MakeMyMosaic. The aforementioned does not apply if the setting of a grace period is unreasonable for the customer. This is especially the case if a so-called firm deal exists or the customer’s interest in setting a grace period ceases to exist for compelling, legally permissible reasons.
(5) In the case of delivery disruptions that are not within the sphere of influence of MakeMyMosaic (especially due to force majeure) and are not culpably caused by MakeMyMosaic, MakeMyMosaic is entitled to demand compensation for damages.