for all goods and services available via the Picmentum app (produced and made available by cocologics GmbH, Cannabichstr. 22, 68176 Mannheim) – hereinafter referred to as: “Picmentum”.
Art. 1 Area of application
These General Terms and Conditions apply to all claims arising from agreements entered between Picmentum and the client (hereinafter referred to as “the Client”) via the Picmentum iOS app valid at the time of ordering. Picmentum enables the Client to print digital content. The following General Terms and Conditions and the text of the agreement are in German and can be downloaded by the Client, stored in his RAM and printed out. They may also be requested in digital or written form by sending an e-mail to firstname.lastname@example.org.
Art. 2 Contract conclusion
- The Client may place orders with Picmentum by selecting existing digital images (“Image Files”) to create printouts of them. In order to do so, the Client must add the Image Files to the app using the plus button (“+”); the photos will then be automatically placed in a so-called shopping cart. The Image Files may be viewed as individual images (“Gallery”) or as thumbnails in tabular form (“Shopping Cart”). The Image Files may also be removed from the Shopping Cart view. The object of the contract shall be the printed work in the previously selected configuration. Pressing the button “Proceed to checkout” takes the Client to a form where they can select a payment option and enter the shipping address. Pressing the “Buy now” button commits the Client to buying or ordering the items in the Shopping Cart. Before submitting the order, the Client can change or view their details at any time and can correct input errors before confirming the order (e.g. the Client can switch to edit mode by clicking the Image File in order to change the image size and/or material; cancel the order or upload process; delete items from the Shopping Cart by clicking the “Edit” button). To place and submit the order, the Client must click the button “Accept General Terms and Conditions” to accept these terms and conditions. The order is then deemed to have been placed.
- Picmentum will then send an automated confirmation of receipt of the order, which the Client receives in the app, or the app’s inbox (“My orders”). Here, the Client’s order will be listed, showing the current order status with an option to print the orders out. Once the order has been submitted for shipping, the tracking number is also displayed to allow the shipment to be tracked. The automated confirmation of receipt merely confirms that the Client’s order has been received by Picmentum and does not constitute acceptance of the order. The contract shall not come into effect until Picmentum has confirmed acceptance of the order, which will be communicated by updating the order status “Currently being processed” (order confirmation). The contract text (consisting of the order, General Terms and Conditions and Order confirmation) shall be available to Picmentum’s customers in a durable form (in the app under the menu items “General Terms and Conditions” and “Order confirmation”) at all times (Contract confirmation). The contract text will be saved in accordance with the data protection requirements and may also be requested in digital or written form by sending an e-mail to email@example.com . The Client will be informed when their order is shipped via an in-app message as soon as Picmentum has transferred the goods to the shipping company. If the Client has enabled push notifications in the app, these messages will also be sent via push notification.
- To conclude any type of contract, the Client needs an iCloud user account and must be logged in. Also, the iCloud service “iCloud Drive” must be activated to allow images to be transferred to Picmentum. Please also note that to preview the digital images, the app also needs access to your iPhone’s/iPad’s integrated camera and the image album.
- The contract shall be concluded in German.
- The contracting party shall be cocologics GmbH. The prints will be produced and shipped by the partner company Erler + Pless GmbH, Holstenhofweg 43, 22043 Hamburg, Germany.
Art. 3 Services, prices
- Picmentum’s main contractual duty is to produce and assume ownership of the prints ordered. The rights of use shall remain unaffected.
- Picmentum strives to achieve the highest possible level of color fidelity of the prints. Here, the quality and color values of the photographs delivered by the Client shall be decisive. Please note that the color settings of your display may vary. Slight production-related color variations are also possible, especially depending on the paper chosen or the manufacturing process.
- Where the Client has used the AR feature to select the measurements of the prints, the AR feature does not replace a ruler. Measurements obtained using the AR feature may deviate by 5 to 10%. Another source of error may be the (virtual) recognition of the space and distances. Orders should therefore be based on measurements taken personally.
- The overall price of the goods or the classes, including all price components and payment options and details, shall be based on the information provided during the order process. All prices are final prices plus shipping costs and statutory VAT. Invoices shall be due and payable immediately upon receipt.
- The Client may choose between the following payment options: PayPal or credit card.
Art. 4 Delivery, shipment
- Shipping costs can be found under the app menu item “Packaging and shipping”. Orders will be shipped within 5 to 10 working days of receipt of payment. Shipping shall be via GLS unless otherwise agreed, or if Picmentum chooses another shipping provider due to the size of the products ordered. Picmentum shall bear the shipping risk in the event that the Client is a consumer.
- If the Client’s chosen product is not available at the time the order is placed, Picmentum shall notify the Client of this as soon as possible in the order confirmation. Should the product be permanently unavailable, Picmentum shall not confirm the order. No contract shall be entered into in this case. If the product ordered by the Client is only temporarily unavailable, Picmentum will also inform the Client of this fact immediately in the order confirmation.
- Delays in shipment of more than two weeks shall entitle the Client to withdraw from the contract. The statutory right of withdrawal (see Art. 5 of these Terms and Conditions) shall remain unaffected. In this case, Picmentum shall also be entitled to withdraw from the contract. Should this be the case, Picmentum will reimburse the Client for any payments already made by the Client.
Art. 5 Right of withdrawal for consumer contracts
Any contract entered into between Picmentum and the Client using the app regarding the delivery of goods or booking of a service is considered to be a distance contract within the meaning of Sec. 312 c, para. 1, of the German Civil Code (BGB). The Client, a consumer within the meaning of Sec. 13 of the German Civil Code, shall be entitled to withdraw from the contract according to Sections 312g, 355 of the German Civil Code (Consumer withdrawal from distance contracts). Pursuant to Sec. 13 of the German Civil Code, a consumer is any natural person who enters into/ concludes a contract for purposes that can be attributed neither to their commercial business activity nor their self-employed occupation. Further details on the consumer’s right of withdrawal can be found in the withdrawal instructions below. Written withdrawal instructions will be sent to the customer during the order confirmation process, at the latest upon order confirmation. The Client may exercise their right of withdrawal using the withdrawal form.
Withdrawal instruction for goods Right of withdrawal
You are entitled to withdraw from this contract without stating any reasons within 14 days. The withdrawal period is 14 days commencing on the day on which you or a nominated third party who is not the shipper, last took possession of the goods. In order to exercise your right of withdrawal, you must send a clear statement (e.g. a letter sent via mail, fax or E-mail) of your intention to withdraw from this contract to:
You may use the attached withdrawal form to do so, but this is not mandatory.
To protect your right of withdrawal, a timely dispatch of your notice before expiry of the term is recommended.
Withdrawal and consequences
Should you choose to withdraw from this contract, we shall refund all payments we have received from you, including shipment (with the exception of additional costs resulting from you choosing any other form of delivery than the lowest cost standard delivery offered by us), without undue delay and no later than within 14 days, starting on the day on which your notice of withdrawal from this contract was received. We will use the same form of payment to refund you as you used for the original transaction, unless otherwise agreed. Under no circumstances shall we charge any additional fees for the refund. We are entitled to refuse to refund the payment until we have received the returned goods or until you have provided proof that the goods have been returned, whichever is earlier.
You must return the goods to us immediately, and in any case no later than within 14 days of the day on which you informed us of your intention to withdraw from this contract. The deadline shall be deemed to have been met if you dispatch the goods before expiry of the 14-day period. The Client shall bear the direct costs of returning the goods. The Client shall only be liable to compensate cocologics GmbH for any loss in value of the goods if such loss in value can be attributed to you and your unreasonable handling of the goods in connection with verification of the condition, properties and functionality of the goods.
Exclusion or premature loss of the right of withdrawal
No right of withdrawal shall be applicable to contracts
- for the delivery of non-prefabricated goods and goods that require individual selection or identification by the consumer for their production, or which are unmistakably customized to meet the consumer’s personal requirements;
- for the delivery of perishable goods or which are close to their expiry date;
- for the delivery of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which can be delivered no sooner than 30 days after conclusion of the contract and the current value of which is subject to market fluctuations which are beyond the company’s control.
The right of withdrawal shall expire prematurely for contracts
- for the delivery of sealed products which are not suitable for return due to health or hygienic reasons if unsealed after delivery;
- for the delivery of goods if, due to their nature, they were mixed inseparably with other goods.
Sample Withdrawal Form
If you wish to withdraw from this contract, please fill out this form and return it
Tel.:+49 (0) 621-1567694
- I/we hereby withdraw from the contract I/we entered into for
(name of goods, order number, if applicable, and price)
- Date of order: ________________
- Received on: _______________
- (Consumer’s name and address)
- Date: _____________________
Customer signature (only for withdrawals made in writing)
Art. 6 Warranty for material deficiencies, guarantee
- Picmentum shall be liable for material defects pursuant to the prevailing statutory provisions, including but not limited to Section 434 et. seq. of the German Civil Code. The warranty period for goods delivered by Picmentum to businesses is 12 months.
- An extended warranty shall only apply for items delivered by Picmentum if this was explicitly offered for that specific item in the order confirmation.
Art. 7 Liability
- The agreement explicitly rules out any claims for damages by the Client. Exceptions to the above are claims for damages on the part of the Client involving injury to life, limb and health if the Seller is responsible for the breach of duty (Cardinal Obligations) as well as liability for any other losses resulting caused by willful or gross negligence within the scope of the contractual relationship on the part of Picmentum, their legal representatives or vicarious agents. Material contractual obligations are those which need to be met in order to achieve the object of the contract.
- In the event of a breach of essential contractual obligations, Picmentum shall only be liable for foreseeable damage typical for the contract, if such damage was caused by ordinary negligence, unless it concerns compensation claims for damages resulting from death, physical injury or physical harm.
- The restrictions of clauses 1 and 2 shall also apply in favor of the legal representative and vicarious agents of the provider in the event that claims are asserted directly against them.
- the provisions of the German Product Liability Act (ProHaftG) shall remain unaffected.
Art. 8 Exemption from infringement of rights
The Client shall bear sole responsibility for ensuring that the photographs sent via the app do not infringe on the rights of any third party rights. Picmentum shall therefore be released from any claims from third parties which may be asserted against Picmentum arising from the culpable use of the app as well as the infringement of labelling rights, industrial design rights, utility model rights, patent rights, copyright and/or any other intellectual property rights or legal prohibitions, especially the violation of personal rights.
Art. 9 Retention of title
Picmentum shall retain ownership of the delivered goods until full payment has been received.
Art. 10 Data protection
- The images transmitted by the Client will be stored for a period of six months following completion of the order to facilitate follow-up orders by the Client. This time period can be changed in the “My Orders” menu.
Art. 11 Final provisions
- All contracts between Picmentum and the Client shall be exclusively subject to the laws of the Federal Republic of Germany and to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions for restriction of the choice of law and the applicability of mandatory provisions, including but not limited to the State in which the Client being the consumer has their habitual residence, shall remain unaffected.
- Platform of the EU commission for online dispute resolution: www.ec.europa.eu/consumers/odr
- To the extent where the Client is a merchant, a legal entity or a special fund under public law, the legal venue for all disputes arising from the contract relationship between the Client and the provider shall be that of the provider’s registered office.
- This contract remains in effect, even if individual provisions may be found to be invalid. The invalid provisions shall be replaced by the statutory provisions, if available. Should this, however, impose an unreasonable economic burden on either contracting party, the entire contract shall become invalid.