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These terms and conditions will apply from 1. September 2019.
Welcome to customask.me. Please read these Terms & Conditions before you place any orders with us or use or website. You may also want to print a copy of this document for future reference.
These terms and conditions govern this artwork and photo products online shop and the delivery of associated products, as described on this website. This online shop is provided by Picanova GmbH Hohenzollernring 25 50672 Cologne Germany (hereinafter referred to as “Coozy.com” or “us” or “we”). The person or entity ordering products from this website (hereinafter referred to as the “Customer” or “you”) agrees to be bound by these terms & conditions. You acknowledge and agree that we do not accept any other terms & conditions unless we have agreed so in writing. If you are a consumer, your statutory consumer-rights are not effected by this.
Coozy.com sells Artwork via the Website in a range of forms. The Customer must select the form, size and frame of the Artwork as well as any specifications relating to the selected frame in their Order. Artworks are not pre-manufactured, but will be fulfilled “on demand” when the order is duly accepted by Coozy.com. The customer can purchase Artwork by Coozy.com, Artists whom Coozy.com collaborates with or third parties. Coozy.com has licence arrangements with the Artists and third parties whose Artwork is sold via the Website or artworks licensed under Creative Commons 0 (CC0) also known as “of Public Domain”. In the event that any such licence is terminated for any reason, Coozy.com will be entitled to cancel any outstanding Order prior to delivery in the event that the terms of the licence with the relevant Artist will not allow customask.me to fulfil the Order. In such circumstances, the Customer will be provided with a full refund of the Price for that Artwork.
The Customer agrees and accepts that: customask.me provides the Artwork without any warranty and customask.me will have no responsibility for the content of the Artwork ordered by the Customer via the Website. The Artwork is provided to the Customer “as is”. the Customer must, accordingly judge the suitability of the Artwork for the purpose intended and the Customer purchases the Artwork at the Customer’s own risk. There might be reasonable variations in colour, size and appearance between the Artwork as displayed on the Website and the Artwork actually delivered to the Customer. customask.me will not be liable for any such minor variations.
Except expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or resell of the Artwork owned by customask.me, is strictly forbidden.
All listed prices are retail prices including the applicable Value Added Tax, which is valid in each case (currently 19 percent for Germany) without costs of packaging and dispatch. All offered promotions and special offer prices only apply to retail customers. Commercial customers are excluded from these actions. Costs for packaging and dispatch (forwarding expenses) are charged according to our installation separately. All listed prices, also for packaging and dispatch, count only at the time of the order. With updates on the Internet pages of Coozy.com all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.
4. Payment Terms
The customer can choose Credit card payment, Paypal, Amazon Pay, Google Pay or Apple Pay at the time of order. Costs that are incurred due to insufficient funds or faulty provided bank data, especially the costs of back charge and other miscellaneous are to be reimbursed by the customer. If the Customer is in arrears, thencustomask.me has the right to demand arrears charges of 5% above the announced base interest rate per year by the European Central Bank and miscellaneous bank processing fees. In the event customask.me a proven higher arrear damage caused by delay has occurred, customask.me has the right, to assert claim to said damage. The customer bears the costs of payment, particularly transferred from abroad.
5. Right of withdrawal
Exclusion of the right to cancel
In accordance with § 312g Para 2 No. 1 of the German Civil Code, the right to cancellation does not apply to contracts for the delivery of goods that are not pre-manufactured and that are individually selected or specified in their material aspects by the consumer, or that are unambiguously tailored to the consumer’s personal requirements. Accordingly, in principle no right of cancellation applies to contracts concluded with customask.me. If, however, the right of cancellation should arise in exceptional circumstances, the following applies to consumers within the meaning set out at § 13 of the German Civil Code: You have the right, within fourteen days, to cancel this contract without specifying any reason. The cancellation right applies for fourteen days from the day on which you, or a third party nominated by you (other than the courier) takes or has possession of the goods. In order to exercise your cancellation right, you must notify us via a clear and unambiguous statement (such as a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the template cancellation form for this purpose; however, you are not required to do so. To make your cancellation effective, it is sufficient that you send the notification of your exercise of your cancellation right prior to the expiry of the cancellation period to the following address:
Telephone: +49 (0)180 5 588753* – (Mo.-Fr. 10-15 o’clock)
Fax: +49 (0)180 5 226829*
(*£ 0.20/min from landlines. Higher fees may be applicable for calls from mobile phones.
Cost per minute correspond to the tariff of your network provider for a regular international call, max. *£ 0.50/min)
Consequences of cancellation
If you cancel this contract, we must refund all payments that we have received from you, including delivery charges (excluding any additional charges resulting from your choice of a delivery method other than the lowest cost delivery method that we offer as standard), without delay and in any event no later than fourteen days from the date that we receive notification of your cancellation of this contract. We will use the same payment method for this refund as you used for the original transaction, except where expressly agreed with you to the contrary; in no event will you be charged any fees connected with the making of the refund. We are entitled to refuse a refund until we have received the returned goods or until we have received evidence from you that you have sent the goods back, whichever is earlier. You must return the goods without delay and in any event no later than fourteen days from the date when you notified us of the cancellation of the contract. You will meet the deadline above if you send the returned goods to us within fourteen days. You are liable for the direct costs of returning the goods. You are only required to account for any loss of value of the goods where such loss of value is attributable to your handling the goods for reasons that are not necessary to ascertain the nature, characteristics, and functionality of the goods.
6. Terms of Delivery
The delivery is done by sending the purchased items to the customer to the address provided. After receipt of payment your order will be prepared for shipment within 24 hours. Delivery time will be 5 – 8 working days. Each delivery is subject to the provision that customask.me timely and properly supplied. If a product ordered by the customer is found to be unavailable, an equivalent of the price of the ordered items will be provided. customask.me will notify the customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. customask.me is entitled to make partial deliveries. Delayed deliveries of customask.me do not entitle the Customer to compensation claims, unless customask.me is of negligence or acted intentionally. Further claims remain reserved for the customer. Delays in delivery based on the grounds that customask.me is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the customer shall be informed immediately. If prolonged, the causes of delays longer than four weeks after the conclusion of the contract that each party is entitled to withdraw from the contract. If the customer is not encountered at home upon the delivery of the package, and the packet is not picked up from the post office within 7 days by the customer or the customer refuses the acceptance of the package, customask.me has the right to cancel the order and cancel the contract. Forwarding charges include packing and shipping for each picture.
The defect liability terms in accordance with the law apply. The customer is not entitled to transfer a claim. If there are no other results, further titles of the customer – for whatever reasons – are excluded. customask.me holds no responsibility for faults that arise on items to be delivered; especially customask.me takes no responsibility for lost profit or other financial loss of the Customer. As far as the contractual liability of customask.me is excluded or restricted, this applies to personal liability of jobholders, substitutes and auxiliary personnel. Apparent faults have to be reported in written immediately. However, this should be implemented within two weeks from the delivery. The reports that are implemented after the fortnight period will be discarded. Inadequacy of quality will not be an issue as long as the delivered quality is corresponding to technical standards of digital Photo development and editing. Since the technical variations in colors of image and original can’t be avoided, it will not be considered a fault related to the quality. Loss of quality: it won’t be a fault with quality had the original itself is of less quality. (e.g. resolution of original image). A specific characteristic of deliverables is not agreed. Limitation of liability will not be valid if it has been an intentional effort, caused by careless treatment. Warranty does not apply if the Customer is found to be with fallacies and claims regulated by law. Typically, if customask.me violates an essential contractual obligation, liability to pay damages is restricted to the incidental damage. If the supplementary performance has been carried by means of additional supply, the Customer is obliged to return the original items within 30 days on account of customask.me. Return consignment of faulty goods has to be fulfilled according to statutory provisions. customask.me reserves the right for claiming compensation according to legal matters. Limitation period is 24 months per delivery.
8. Retention of title
The products ordered remain the property of customask.me until payment is completed. No resale, leasing, pledging, transfer of title for security purposes, conversion, other disposition or transformation is permissible before conveyance of title without the explicit consent of customask.me.
9. Prohibition of offset, rights to withhold
The customer is not entitled to offset claims of customask.me for payment with his own claims, unless the claims of the customer are established beyond dispute or are of legal force. The customer is not entitled to oppose claims of customask.me for payment with rights to withhold – even for notification of deficiencies – unless they result from the same contractual relationship.
10. Choice of forum clause
Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission. Customer hereby agrees that Cologne is to be determined as the exclusive forum for all legal and contractual disputes resulting directly or indirectly from the contractual relationship if the Customer is a legal entity formed under German law as tradesman, German Commercial Code. Cologne is also the exclusive forum for any disputes resulting directly or indirectly from the contractual relationship if the customer is determined not to be subject to personal jurisdiction in Federal Republic of Germany. Furthermore, Cologne is determined to be the exclusive forum for any disputes if a customer moves his principal place of residence, outside of the Federal Republic of Germany or his principal place of residence is determined to be unknown at the point of commencing legal action.
In order to keep you up to date on our latest offers, we will send newsletter of Picanova GmbH and their affiliated companies to the provided email address. You may unsubscribe the newsletter at any time without having to pay additional costs except the regular transmitting costs at standard rates. It is sufficient to send a message (e.g. fax, letter) in text form to firstname.lastname@example.org or to the contact details provided in the imprint. Please note that, each newsletter contains a link to unsubscribe off future messages.
12. Updates to Terms & Conditions.
It is in our sole discretion to change these terms & conditions without notice or further reference to you. Changed terms & conditions become valid when they appear on this website. We advise that you read the terms & conditions every time before using our website or placing an order with us.
We may terminate our contract with you if you materially breach any of these terms & conditions, and in the event we do so, we reserve the right to take further action against you or seek any remedy available to us, in respect of your breach.
14. Governing Law
The closure and liquidation of all contracts shall be governed by German law. The application of the CISG is excluded.
The services of coozy.com are provided by:
Telephone: +44 203 4992786*
(Mo.-Fr. 11-15 o’clock)
(*14 Cent/min from landlines. Higher fees may be applicable for calls from mobile phones. Cost per minute correspond to the tariff of your network provider for a regular international call.) E-Mail: email@example.com
Daniel Mühlbauer, Philipp Mühlbauer
Cologne HRB 58130
Registry Court: Cologne
Payments for Credit Card are handled via:
Alternative Online Dispute Resolution according to Art. 14 Abs. 1 Resolution (EU) 524/2013 and Alternative Dispute Regulations 2015:
The European Commission is providing a dedicated platform for Online Disputes for consumer disputes (OD), which can be accessed via http://ec.europa.eu/consumers/odr/. Since we are not obligated to participate in such dispute procedure by law, we hereby inform that we do not attend to such a Dispute Resolution on either compulsory or voluntary basis.