Terms and conditions

§ 1 Scope of application

(1) The following terms and conditions are part of every contract between MakeMyMosaic GmbH (hereinafter: MakeMyMosaic), Bredelarer Str. 4 b, 34519 Diemelsee, represented by its managing director Marion Ströthoff 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.

Terms of payment
(1) The purchase price is due immediately upon conclusion of the contract and will be debited in advance. The direct debit or the debit of the credit card takes place with the conclusion of the order.
(2) All prices are to be understood as end customer prices including the statutory value added tax, if applicable.
(3) If the customer does not meet his payment obligations, in particular reverses payments or stops his payments, or if MakeMyMosaic becomes aware of other circumstances that call into question the creditworthiness of the customer, MakeMyMosaic is entitled to call due the entire remaining debt.

(4) If MakeMyMosaic incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs are to be reimbursed by the customer, unless he did not provide the incorrect information himself.
(5) The invoices of MakeMyMosaic are settled electronically. Thus, the customer does not receive his invoices in paper form, but electronically.
(6) After placing an order in the customer center, the customer undertakes to purchase the photo or partial mosaic. Cancellation of the invoice is only possible to a limited extent. In this case, the costs incurred up to that point, at least the sales tax, are to be borne by the customer. This also includes the processing for the partial mosaic, which must also be borne by the customer in the event of cancellation.
(7) We offer the payment method „purchase on account“ exclusively to corporate customers. If this payment method is desired, please contact our service department before placing an order.

Revocation

(1)Should a photo or partial mosaic be ordered with costs, a cancellation of the invoice is only possible before receipt of payment. Since costs have already been incurred by the processing of the preview, the buyer bears in case of cancellation an expense allowance of the costs incurred until then. Therefore, in the case of a photo mosaic, 10$ will be charged in the event of cancellation. In the case of a partial mosaic order, the cancellation costs amount to 39$ , because after an order the released area is finely reworked.

(2) Through our free previews, the mosaic can be checked in all details before ordering. The photo mosaic is specially made for them with their personal images. It is not suitable for resale to third parties. For this reason, an exchange or return because the mosaic does not like is excluded.