Terms and Conditions
Terms and Conditions
These are the general terms and conditions of the company:
CEWE Stiftung & Co. KGaA
Phone: +49 (0) 441404-0
Fax: +49 (0) 441404-4
– “CEWE” –
These Terms and Conditions apply to products and services offered via CEWE MYPHOTOS. The initial purpose of CEWE MYPHOTOS is to offer its users the opportunity to save their life as photos, videos and project online for long periods along with all the advantages CEWE MYPHOTOS offers. With the “CEWE MYPHOTOS” service CEWE offers storage space on servers to store digital photographs and/or videos and/or projects online to registered users.
- All registrations and orders on CEWE MYPHOTOS are accepted and implemented based on these terms and conditions only.
- The range of products offered by CEWE MYPHOTOS is focussing on consumers and companies equally. In the context of this terms and conditions a consumer is any natural person who concludes a contract for any other purpose but for those attributable to commercial or any other professional and autonomous activity (cf. §13 BGB). A trader in this context is a natural or legal person, or legally responsible joint partnership who acts in favour of his/her commercial or autonomous professional activity (cf. § 14 par. 1 BGB). The Consumer Rights Act applies to contracts and notices between a 'trader' and a 'consumer'. A 'consumer' is defined as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession". This definition of consumer is wider than existing definitions found in UK and EU law as it includes individuals who enter into contracts for a mixture of business and personal reasons. A 'trader' is defined as "a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf". This definition includes government departments and public sector authorities.
- These terms and conditions are valid as available when registering. Any other of the user’s terms and conditions that differ from these will not be accepted as long as CEWE does not agree with its validity explicitly in written form. The present terms and conditions are valid even if CEWE fulfils an order unquestioningly, knowing of a user’s terms and conditions which differ from these or are opposed to these.
- The CEWE MYPHOTOS service is available in German, English and Norwegian language. The contract language is English.
§2 General Provisions
- All offers by CEWE MYPHOTOS are not binding.
- A contract between user and CEWE is not accomplished before CEWE has sent an explicit confirmation for registration or contract note to the user, or any service has been performed.
- The place of fulfilment for any contractually agreed services is D-26135 Oldenburg (Lower Saxony, Germany)
- The user only has a right for netting if his / her counterclaims can be ascertained legally valid and if CEWE sees them as beyond debate.
- The user has right of detention as far as his / her counterclaims refer to the same contract.
- CEWE is allowed to alter the terms and condition afterwards for cause, if there are changes in current law, in the jurisdiction of the Supreme Court, or in market conditions. CEWE will inform the user of any changes to the terms and conditions. Should the user not contradict any alterations within six weeks, this is considered as acceptance. CEWE will particularly advert to this deadline and the impact of an omitted contradiction.
- CEWE reserves the right to check whether the usage charge is appropriate, and in the case of unlimited provision of services, the time limit and duration of the contractual relationship and if necessary, to adjust the charge using equitable discretion (§315 BGB). Any adjustments to the contract are made with reasonable notice of at least six weeks. If the user has not objected within this time, this will be taken as acceptance of the renewed contract.
§3 CEWE Services
- Through the sending of any image and/or video and/or project files, the user places an order with CEWE to store and provide images and/or videos and/or projects. CEWE enables the user to save photos and/or videos and/or projects on CEWE servers and retrieve them again. The exact scope of services and its costs result from the description at the time of order and any following regulations.
- Only digital photos and/or videos and/or projects can be saved. Electronic files of different content or format cannot be stored. For this purpose the user transfers data to CEWE. CEWE stores this data in appropriate formats.
- Storage and retrieval of your digital photos and/or videos and/or projects is only possible using a web interface, software or applications offered by CEWE. There is no way of using an FTP or any other software not offered by CEWE to get access.
- The free storage model enables you to upload and save as many digital photos, images and projects up to a total of 10 Gigabytes (GB) of storage. The duration of the free storage period is twelve months and begins on the date of the user’s registration with CEWE MYPHOTOS. The twelve month period is automatically renewed with each successive user login. If the user does not log into CEWE MYPHOTOS for twelve months, the user’s account, images, videos and project data will be deleted on the date twelve months following their last login. The user will be informed of their account’s pending deletion one month prior, as well as one week prior. The user will also be informed of their data’s deletion once it has taken place.
- With our paid storage packages, the user is able to save photos and/or videos for longer than one year after registering as well as make use of a bigger storage capacity. Details about storage capacities and pricing are available on the website https://www.cewe-myphotos.com/en-gb/pricelist.html
- CEWE MYPHOTOS serves the user the opportunity to order any print or photo product (i.e. CEWE PHOTOBOOKS and CEWE CALENDARS) using his/her own photos and/or videos (where possible) at chosen trade partners of CEWE. The user is not forced to order any products. He/she decides on his/her own if he/she wants to order and whether he/she transports any data to the trade partner for this purpose. As soon as the image and/or video file has been chosen by the user, the order function is activated. Having activated the order function the user changes into the field of the individually chosen trade partner simultaneously leaving CEWE’s area of responsibility. CEWE will inform the user about that as soon as he/she leaves the CEWE products entering the trade partner’s selection and transferring the data to the trade partner. For ordering photo products at a chosen trade partner, the terms and conditions of the certain trade partner are used, which the user has to accept separately.
- If the user exceeds the storage capacity available due to the chosen storage model CEWE will inform him/her. A usage of a bigger storage capacity requires a subscription of a corresponding storage model.
- CEWE endeavours to keep the server service available at all times, however there is not a 100% guarantee of this. Necessary maintenance intervals may at times restrict the availability. At general maintenance periods, which take place on Wednesdays between 4:00 and 8:00 am UTC and availability might be limited. The availability is also limited at times when the servers are not accessible due to any events which CEWE has no influence on, i.e. force majeure, actions of third parties not instructed by CEWE, technical problems outside CEWE’s reach, shutdowns of external internet providers and networks located in between CEWE and the user as well as a limited or ceased functionality of the internet. The annual average availability of the CEWE server is at least 99.5%, whereas availability disruptions are not supposed to last longer than eight hours at a stretch.
- CEWE will not check the content of any uploaded digital photos, videos or projects the user uploaded.
- CEWE respects the privacy and copyrights of its users. On request and after termination of the contract CEWE will delete the user’s photos and/or videos and/or projects (see § 7). The copyright of the photos and/or videos and/or projects stay with the user. CEWE obtains user rights only to that extent which is needed to ensure the performance of the service organisationally and technically.
- CEWE ensures a state-of-the-art technical and organisational data integrity. CEWE does not hold a physical backup anywhere else as long as this is not explicitly mentioned in the specification of services and prices of the chosen storage model. The transfer of the image files happens is encoded via HTTPS. The photos and/or videos and/or projects stored by the user will be saved at a TÜV-certified data centre in Oldenburg (Germany, Lower Saxony) referring to the current German data privacy act (BDSG).
- The deletion of digital images and/or videos and/or projects is final and irreversible. CEWE is not able to restore any image and/or videos and/or projects files which have been deleted.
- CEWE is allowed to ban or delete single photos and/or videos and/or projects or block the user’s access temporarily as far as the photos, videos and/or projects uploaded violate any third-party rights. CEWE will inform the user immediately if he/she or any third-party enforces any claim and will give the user the opportunity to comment on this.
§4 Offers and Contracts
- The user can register at CEWE MYPHOTOS for free and create a user account.
- In the process of a registration the user can choose his/her preferred storage model. The free storage model will be chosen by default.
- The user can purchase a charged storage model. By clicking the “pay now” button the user submits a binding offer. Before submitting the order the user can alter and look at the data at any time and detect input errors in order to correct them before finally making an obligatory order.
- After submitting the order, the user can view the data at any time. The contractual offer is submitted and has been transferred only when the user accepts the contractual conditions by clicking and accepting the “terms and conditions”.
- After an order is submitted, CEWE will send the user an automatic order confirmation via e-mail. This order confirmation will list the items ordered and will be printable. The order confirmation only documents that the order has been received by CEWE but does not constitute acceptance. The contract only comes into existence by declaration of acceptance which is sent via e-mail separately (order confirmation).
§5 Right of Cancellation and Cancellation Policy
If the user acts as a consumer (see § 1 par. 2) when making an order he/she has a statutory right to cancellation. The right to cancellation will be explained in the subsequent instruction:
Right to Cancellation
You have the right to cancel the contract without any reasons within fourteen days.
The cancellation period amounts to fourteen days after formation of the contract.
To exercise your right of cancellation you have to inform us (CEWE Stiftung & Co. KGaA, Meerweg 30-32, 26133 Oldenburg, Germany) about your decision to cancel the contract explicitly (i.e. via mail, fax or e-mail, Fax +49 (0) 441 404-421, E-Mail: email@example.com). To do so you may use the attached cancellation form, although not mandatory.
To meet the cancellation deadline, it is sufficient to send the information about your intentions to cancel before the cancellation period is ending.
Consequences of Cancellation
If you cancel your contract we will repay any payment we received from you without delay and no later than fourteen days from the day your information regarding the cancellation of the contract as received. To repay, we will use the same payment method you used with the original transaction unless you explicitly agree otherwise; in which case there will be a charge.
In cases where you asked for any services to begin within period of cancellation, you will have to pay an appropriate amount which equates to the amount payable for any services already provided at the very time you informed us about your cancellation.
End of Cancellation Policy
§6 Contract Period
- The contract period begins when the registration or an order for a storage model has been completed.
- The contract period depends on which storage model has been chosen. As soon as the user deletes his account, all stored photos and/or videos and/or projects will also be deleted. CEWE will inform the user about the deletion and the time it will take place.
a. If the user has not opted for any paid storage options, their photos, videos and project data will be deleted 12 months after the registration of the user’s account if within this 12 month period no user login has taken place (see§ 3 (4)). CEWE will inform the user of the pending deletion 4 and 1 weeks prior to the end of the contract and at the end of the contract via email.
b. If the user chooses a paid storage package, the contract period is 12 months (dependent on the user’s selected pricing model), the contract can be extended by the user independently. The user will be informed via email 8 weeks, 4 weeks and 2 weeks prior to and at the end of their contract. (see § 7). If there is no renewal of their paid storage package, the user’s account will be automatically switched to the free storage package after 12 months and the provisions outlined in §3 (4) will apply.
c. It’s possible to switch to another storage package. Users can change to a larger storage package at any time. A change to a smaller storage package is only possible after 12 months.
§7 Termination of the Contract
- The user can cancel the contract ordinarily within a time limit of 7 days before the particular contract for storage ends, subject to charge. The cancellation may be done in written form.
- After cancellation all photos and/or videos and/or projects which have been stored by CEWE will be deleted and will no longer be available. The user will be informed about the deletion and the time it takes place.
- CEWE can cancel the contract ordinarily within a time limit of 6 months. In case of a proper termination by CEWE, CEWE will help the user to migrate the data, i.e. by supplying the user with his data using a data medium.
- CEWE may cancel the contract ordinarily if the user infringes CEWE’s rights to such a great extent that he/she does not fulfil his / her obligations (see § 8) or he/she does put the storage offered at considerable risk by neglecting the duties incumbent on him/her or offering it to unauthorised third parties. The contract cancellation has to be in written form.
- CEWE may cancel the contract for storage subject to charge if the user is in arrears with at least 2 monthly instalments. The contract cancellation has to be in written form.
§8 Obligations of the User
- The user ensures CEWE that all customer data he/she transmits to CEWE is complete and correct. The user commits himself / herself to inform about any amendments. CEWE will send any information relevant for the contract and declarations of intent to the e-mail address communicated by the user.
- CEWE generally recommends the usage of secure passwords. A password should consist of at least eight or more characters. The password should be a mixture of different characters including numbers, uppercase and lowercase letters and contain a special character. It should not consist of a word which has been taken from a domestic or foreign dictionary. When changing from CEWE MYPHOTOS to a photo ordering system of a trading partner the user has chosen, he/she will be asked to enter a new password. This password may be taken from the CEWE MYPHOTOS Service if desired (single sign on – function). The password used at CEWE MYPHOTO Service should not be used for any other services outside the CEWE platform.
- The user manages his/her passwords and other access data conscientiously and is vigilant about keeping them secret. The user is obligated to pay for all services which appear due to an abuse of passwords by third parties or to the usage of passwords by third parties, as far as he/she is responsible for this.
- The user is responsible for the content of the image and/or videos and/or project files transmitted. He/she has to make sure that he/she owns all copyrights, trademark rights and other rights necessary to transfer the image and/or videos and/or project files as well as for the usage commissioned. The user has to make sure that all image and/or videos and/or project files transported are not illegally infringing any personal rights of any third parties. The user solely must bear any consequences arising from an infringement of these rights. He is obliged to keep CEWE indemnified against any valid claim by third parties which is made due to the infringement of any rights owing to the right that may be claimed in terms of the processing, reproduction and usage of the photos transferred in line with the order issued.
- The user assures that the content of the images and/or videos and/or projects transferred do not violate any applicable prohibition standards. If any actions become known to CEWE which act against this assurance, CEWE will inform the prosecution authorities in charge immediately.
- The user is responsible for his/her usage of any CEWE services to not violate any applicable law. The user releases CEWE from any claims by third parties as long as these claims have arisen from actions by the user contrary to the contract.
- The user is obliged to create backup copies of any data he/she has transmitted to the storage offered by CEWE. The user will save this data on media not physically owned by CEWE. Doing this the user also prevents any accidental operating errors, i.e. accidental deletion of pictures in online photo books.
- The user is obliged to make use of the resources offered to him/her in a way that will not affect safety, availability and testing system vulnerabilities of CEWE’s system.
- The CEWE MYPHOTOS user is able to alter any default settings about the usage of a certain trading partner he/she prefers in his/ her own account. The settings may be altered at any time and saved as default settings.
- CEWE is entitled to block an account temporarily if it fails to fulfil its obligations. The right to extraordinary termination shall be unaffected (§7 par. 3).
§9 Rights to use CEWE Software
- Throughout the whole contractual period the user gains a non-exclusive right to use the programs and software provided.
- Sale of the software provided is not permitted.
§10 Prices and General Payment Conditions
- The list prices on our website https://www.cewe-myphotos.com/en-gb/pricelist.html at the very time of making the order apply to CEWE MYPHOTOS. All prices include the legally valid sales tax.
- The service has to be paid for in advance regardless of its usage.
- The user may choose among Credit Card or PayPal. In case of an online payment the user will authorise the payment by entering credit card data or access data of a payment provider.
- The user authorises CEWE explicitly to draw the amount payable for the certain service. In case the debit payment fails due to reasons the user is responsible for, the user has to pay for any accruing chargeback costs and banks handling charges.
- Should the user default in payments, CEWE reserves its right to terminate the access to CEWE MYPHOTOS. The user’s payment obligations shall remain unaffected.
- CEWE issues an electronic invoice for every payment transaction, sent via e-mail, for free. The invoice cannot be sent by regular post.
§11 Warranty and Liability
- CEWE assume the liability for damages that were caused wilfully or through gross negligence by CEWE employees or agents, in unlimited amounts. In case of a simple damage caused by negligence as a result of a breach of duty by CEWE, its bodies.
- CEWE is liable for any damages which arise due to serious organisation fault caused by CEWE or damages which arise due to the absence of a quality we have guaranteed (see above §3).
- In case of a breach of any other contractual obligations and any cases not mentioned, CEWE will be liable for this also for basic negligence but limited to typical and foreseeable damages. Beyond liability shall be excluded.
§12 Dispute resolution
The EU Commission provides a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order(s) without the intervention of a court. The Dispute Settlement Platform is accessible via the external link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Nevertheless, we would always strive to reach a friendly conclusion to any dispute raised by our customers. However, we declare that we are neither willing nor obliged to participate in a dispute resolution procedure. If you are not satisfied with one of our offers, feel free to contact us at firstname.lastname@example.org.
§13 Data Protection
- The protection of the privacy and personal data is very important to CEWE and any data from a user, interested party or visitor will be treated confidentially. The user is however known that in unencrypted data and unencrypted data flows on the Internet, a knowledge of third parties is not excluded.
- In line with the processing of the contract CEWE collects data from the user. In particular, CEWE complies with the provisions of the EU General Data Protection Regulation, the German Federal Data Protection Act and Telemedia Act. Without written consent of the user CEWE will only collect, process or use any usage and inventory data of the user as far as this is necessary for the realisation of the contract or the utilisation of any tele-media. CEWE will inherently not pass on any data. Companies which are essential to the order process (e.g. banks in case of a debit payment, trade partners in case of ordering photo products and printed material) and have been commissioned by us are excluded from this. Yet they may only use this data for those limited purposes which are necessary to the fulfilment of their assignment as well as they are bound by the provisions of law.
- CEWE will not use any user data for the purposes of promotion, market research or public opinion without having the explicit consent of the user. If the user initiates any photo product order process in line with the usage of CEWE MYPHOTOS, CEWE will transmit the photos chosen to the trade partner for product design. The user can object to a disclosure against CEWE, but this interrupts the ordering process.
- On CEWE websites the user has the opportunity to retrieve, modify or delete any data stored by him/her by using the “My Account” button in his/her profile. Reference is also made with respect to the user’s consent and additional information on the data collection, processing and use in the privacy statement that is available to print on the CEWE website.
- When it comes to the storage of any of your photos and/or videos and/or projects, CEWE will comply with a level of data security in accordance with the current state of the art technology.
§14 Other Regulations
- For case as a result of this contract only the German law applies excluding the UN Convention on Contracts for the international Sale of Goods.
- Provided that the user is a merchant, a legal entity under public law or special property under public law, the place of jurisdiction in case of any legal disputes arising from the contractual relationship is between the user and CEWE Oldenburg.
- If the users’ residence, at the very time of the conclusion of the contract, is located in another EU member state but outside Germany, the place of jurisdiction in case of any legal disputes from or in connection with this contract is CEWE Oldenburg.
- Verbal agreements or ancillary agreements are not being met. Alterations and amendments of this contract or any other divergent specific regulations essentially need to be in written form to become valid. No contractual partner is allowed to refer to any divergent practice as long as it is not arranged in proper form.
- If single regulations or those added to the contract later on are entirely or partly not legally effective or are/will not be feasible, the validity of the remaining contractual provisions won’t be affected. The same shall apply in cases where the contract might have a regulatory gap. Instead of any invalid or impractical provisions or in order to fill any loopholes, those legal provisions will be construed as having been agreed upon, which mostly fit the things the contracting parties wanted or would have agreed upon within the purpose of this contract if they would have taken into account the ineffectiveness and impracticability of the certain provision or loopholes.
Last update: May 2018
End of Terms and Conditions