Terms of service

1. Scope
Please read through the following General Terms and Conditions carefully, as they apply to all of your orders. By sending the digital data or date media and films to us, by clicking on the “I accept”/“Accept” field in our order software or by submitting to a relevant reception point, you are stating that you agree to the following General Terms and Conditions of fotorola.

2. Product range and prices
Our product range is constantly being adapted in line with technical developments. Our prices and the share of shipping costs that we charge to you may change from time to time. You can find our current product range and the prices that currently apply on our website. This is subject to special promotional offers and individual agreements. 

3. Order
As soon as we receive your order, the order will be carried out in accordance with your instructions. Please note that digital orders can neither be changed, deleted nor combined once we have received them. As a rule, the processing takes place on the same day or on the next day. If you have not yet paid for previous orders, and have already received a reminder about them, we reserve the right to wait with the shipping of the processed order until we have received your payment. In special cases, we reserve the right to reject orders without stating reasons. 

4. Shipping
We shall send all photographic products by DHL to addresses in Germany and Austria.

5. Payment, seller protection and default
For orders, you have the option of paying via PayPal, direct debit (SEPA-conform), credit card and invoice. The PayPal seller protection applies to each of these four PayPal PLUS payment methods.
fotorola is expressly permitted to enlist the services of third parties for processing payments.
fotorola or authorised third-party companies check the sent data regarding the purchasing procedure and the acceptance of the payment method applied for in consideration of data protection. This may also involve identity and creditworthiness information from external credit agencies. The decision regarding the acceptance of the payment options lies with fotorola or the authorised third party.
If a debit from the customer’s account or a returned direct debit is not possible, due to the disclosure of incorrect data, lack of cover on the account or unauthorised objection by the purchaser or similar, you shall compensate fotorola and the third party entrusted by fotorola with the processing for the extra costs incurred.
In the case of payment default, fotorola is authorised to transfer the claim and the required personal data for processing to third parties for the purpose of collection. The purchaser shall bear the costs. fotorola shall only regard the payment as having been made, once the payment is fully and unreservedly available to the engaged third party.

6. Reservation of ownership
The delivered products shall remain the property of fotorola or the third party mandated with payment processing until full payment has been made.

7. Warranty and liability
fotorola guarantees that your order will be carried out professionally and with the utmost care. All products are subject to stringent quality control. However, complaints can only be acknowledged if they relate to technical defects in the photo books or other photographic products and are made within 21 days from receipt of the products (for hidden defects, within 21 days from discovery). 
Please note that typing errors entered by the customer, pictures of insufficient quality (for example, digital pictures with resolution that is too low), design errors caused by the customer (for example, disregarding warning notices during the designing of photographic products) and an erroneous product selection, erroneous order quantities or other errors caused during entry of the order are excluded from complaints. Damage that occurs during transport is also excluded, if it is not reported within 3 days to the fotorola support department.

8. Software
All content of the www.fotorola.de website and the programs installed on the website are the property of fotorola or its suppliers and are protected by copyright. You are only authorised to download such software to your PC or your mobile device (for example, your smartphone or your tablet PC), which you need to place the order and only use it to process your order. To this end, fotorola/the relevant suppliers grant you a non-exclusive licence for the duration of your business relationship with fotorola. Any further commercial or non-commercial use is prohibited. Content from the website, which is not explicitly designated for download, may not be downloaded in full or in part, without the explicit consent of fotorola. We also draw your attention to the fact that various logos, company names etc., which you may find on the www.fotorola.net website, are protected by law.

9. Third-party rights
fotorola does not check any copyright, trademark or other rights to the pictures that you send in. fotorola is therefore exempted from any claims and demands by third parties for such legal infringements, in the case of the assertion of such third-party claims.

10. Confidentiality of the data
We collect and process your data with automated data processing systems in accordance with the respective applicable data protection law. Your data are exclusively used for the flawless processing of your order, as well as to improve our range of products and services. fotorola will handle your data confidentially and will not disclose it to third parties, unless operational conditions require the data to be processed by third parties domestically or abroad, whereby they shall be contractually obligated to confidential handling of the data. Please refer to our data protection policy, as amended, for further details. By using the product or service, you are consenting to the data processing described in it.
Your image data and the data from other photographic products shall be stored by us for the production of photographs and other photographic products, as well as for convenient reordering. After the completion of the order, all data will be deleted automatically after 10 days.

11. Online dispute settlement
In the event of questions and complaints, please always contact the fotorola Support department first of all, in order to clarify existing problems. However, we would like to inform you that existing disputes between consumers and traders in relation to online purchase contracts or service contracts may also be settled through http://ec.europa.eu/consumers/odr/index_en.htm.

12. Applicable law, legal jurisdiction
The existing contractual relationship is governed by German law.