General Terms and Conditions

1. Subject-Matter of the Contract; Validity

The scope of the service to be provided by F&G Digitalspezialist GmbH (hereinafter referred to as digitalspezialist) is determined by the order confirmation that digitalspezialist sends to the customer by email, fax or letter after receiving an online order; alternatively, if an up-to-date order form from the digitalspezialist website was used to place the order, the scope is determined by the material submitted for processing. The following General Terms and Conditions (GTC) apply in addition; customer-specific terms and conditions are excluded. Provisions diverging from these GTC must be made in writing.

2. Contracting Party; Conclusion of Contract; Ordering Process; Storage of and Access to the Text of the Contract

The contracting party for all orders is F&G Digitalspezialist GmbH, Sutthauser Str. 76, 49080 Osnabrück, Germany, hereinafter referred to as digitalspezialist. Once the customer has found the desired product, they can add it to the shopping basket without obligation by clicking the (Add to Shopping Basket) button. The customer places a legally binding order by clicking the (Order with Obligation to Pay) button. The contract between digitalspezialist and the customer comes into effect upon receipt of the order confirmation by email, fax or post. In the shopping basket, you can at any time remove items from the shopping basket by clicking the “X” or change the quantity of items ordered by clicking the pencil icon. You can also cancel the process at any time by closing the browser window.

digitalspezialist will save the text of the contract. The order data and the GTC will be emailed to the customer. Customers who have created an account can view their past orders in the Log In area.

3. Products, Production and Storage

By ordering the products on www.digitalspezialist.shop the customer agrees to the product specifications described and the way it will be produced; e.g. by using image optimization and enhancement software and the application of KI tools.

This agreement will also be valid for storage of the digital images on storage devices like DVD or Flash storage devices. If a Download (DL) has been ordered, the customer agrees to upload and store the digital images in a personal, nonpublic cloud storage with can be accessed by the customer by using a personal password. The time these images are stored is limited by 6 weeks in general. After 6 weeks the data will be completely deleted.

If the customer delivers more material than ordered, the additional material will be produced as well by the same conditions as ordered and invoiced in addition to the ordered material. In case the overdelivery is more than 10% of the ordered material price digital specialist will contact the customer and inform him about the additional cost.

4. Bearing of Risk; Liability

The risk of loss of or damage to the source material or data carriers is transferred to digitalspezialist upon successful delivery to the company’s headquarters. The items will be returned to the delivery address indicated in the order. digitalspezialist is entitled to provide part performance. The duty to perform has been met when the delivery has been transferred to the carrier. digitalspezialist shall only be liable for damage to or loss of the source material in the case of gross negligence or intent.

5. Defects

In the case of defects in the delivered goods for which digitalspezialist is responsible, digitalspezialist is entitled to provide supplementary performance. Digitisation and data recovery defects are easily recognisable and obvious to the customer. The customer is therefore required to check the digitisation and data recovery services provided by digitalspezialist for such defects and to report them within 4 weeks of delivery. After that, warranty claims in respect of defects in digitisation services / data recovery are excluded. If digitalspezialist fails to comply with the legitimate request for supplementary performance within a reasonable period of time or if digitalspezialist refuses to provide supplementary performance or if such supplementary performance fails, the customer may reduce the remuneration in consultation with digitalspezialist. Branded products are used as storage media; however, any lack of compatibility with the customer’s playback device or computer shall always be at the customer’s expense and entire risk. digitalspezialist shall only be liable for damages in the event of gross negligence, unless life, limb or health are affected.

6. Online Arbitration / Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (the ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

7. Payment and Retention of Title

All orders have to be paid in advance by one of the payment methods offered on the website. Customers are asked to supply exactly the analogue photo materials and quantities they ordered. Over- or undersupplies will be considered as agreed by the customer and will be worked as well to the same conditions as the materials ordered. In case of oversupplies the customer is asked to pay the additional cost to digitalspezialist by an additional invoice.

The data carriers supplied shall remain the property of digitalspezialist until full payment is received for all services and products from the same order. It is strictly forbidden to make copies of unpaid data carriers; this may lead to claims for damages. Offsetting is only allowed if counterclaims have been legally established or are not disputed by digitalspezialist.

In the case of payment by SEPA Direct Debit, pre-notification shall be given to the customer at least 6 days before the due date in the case of a SEPA Core Direct Debit and at least 2 days before the due date in the case of a SEPA Direct Debit. The customer is responsible for ensuring that the bank account to be debited has sufficient funds prior to the direct debit collection. In the event of the cancellation of a SEPA direct debit by the customer or the bank’s refusal to pay the money, costs of €7.50 per order will be incurred for reprocessing the order in the Financial Accounting Department, which may be charged to the customer.

8. Confidentiality; Data Protection

digitalspezialist assures that all orders will be treated confidentially. By placing an order, the customer consents to the collection and storage of the necessary personal data (first name and surname, address details, phone number, email address) by digitalspezialist or its cooperation partners, as well as to the precautionary storage of the data to be processed for up to 6 weeks. digitalspezialist and its partners will handle the data collected in accordance with the statutory provisions of the German Telemedia Act (TMG) and the Federal Data Protection Act (BDSG).

To enable customers to use their own data carriers (USB stick, hard disk), digitalspezialist offers them the option of providing their own data carriers for the storage of digitised files. To ensure the data security of our systems, digitalspezialist will carry out a special check for malware on every single one of these data carriers before using them; if necessary, they will be completely deleted and reformatted. A separate fee is charged for carrying out such data carrier checks, which are time-consuming. digitalspezialist accepts no liability whatsoever for the loss of data previously stored on the data carrier or for damage caused to the data carrier by undertaking the data carrier check, or by storing or using the digital reproductions created on these data carriers.

9. Special Conditions for Digitisation

9.1 The minimum order value for each order is €15.00 gross. Owing to the additional work required to process orders, we charge a service fee of €5.00 per order for any orders that are not placed via our online shop and are therefore submitted without an order confirmation. Surcharges, and shipping and packaging costs do not count towards the minimum order value.

9.2 digitalspezialist accepts no liability for defects due to any imperfections in the source material submitted, whether due to technical, quality or age issues. In particular, deviations in colour reproduction and brightness on the output media do not constitute a defect. Complaints regarding taste are not considered a defect.

9.3 The data and image products supplied by the customer are processed by means of an automated technical process that does not involve any manual pre-checks or corrections. By submitting the analogue source material to digitalspezialist, the customer confirms that he or she has the right to distribute and duplicate the content and material. He or she guarantees that they are the sole owner of all rights to the source material and source data carriers, and in particular that he or she does not infringe the rights of third parties to the people or objects shown on the films/videos/image files. digitalspezialist accepts no liability whatsoever for copyright infringements caused by customer orders. If third parties claim an infringement of their rights against digitalspezialist, the customer undertakes to indemnify digitalspezialist from all claims asserted against digitalspezialist by third parties, on first written request at the latest, and to compensate digitalspezialist for any other damages, insofar as the customer is responsible for such damages. Commercial data carriers shall only be digitised with the written consent of the authorised person and only for the purpose of securing the content for the customer’s private use. If the customer commissions us to digitise source data carriers or material from third parties, by placing the order, he or she assures that such digitisation will not infringe the rights of third parties as referred to in the first sentence. Material proven to be protected by copyright that is submitted for processing without the written approval of the author will not be processed and will be returned at the expense of the customer. In addition, digitalspezialist reserves the right to refuse to process material with illegal or radical content and pornographic material, without having to state a reason, and to return the material to the customer at their expense. The second and third sentences apply accordingly. For the purpose of creating print products, the customer grants digitalspezialist a simple right of use of the data and images supplied so that digitalspezialist is able to fulfil such orders.

10. Special Conditions for Data Recovery

10.1 By placing the order, the customer assures digitalspezialist that they are entitled to dispose of the data carriers submitted and their content. Article 7 of these General Terms and Conditions applies accordingly.

10.2 The flat-rate fees for diagnosis and return shipment will be charged in any case. If data cannot be recovered, no further costs will be charged. Otherwise, the repair and recovery costs will be determined by the order confirmation and the associated quotation, unless the customer rejects the quotation without delay after receipt. Exception: Data carriers that have already been opened will be invoiced on a time and material basis only, due to the additional effort that may be involved.

10.3 The commitment to recover data from media submitted is not binding for digitalspezialist; no guarantee is given that data, images and films contained on defective data media can be recovered. During the data recovery process, it may transpire that only some of the data is recoverable. The customer also agrees to partial recovery. Data recovery is considered successful even if only some of the data was recoverable; it is therefore subject to payment.

11. Special Conditions for the Purchase of Vouchers

digitalspezialist sells value vouchers and promotional vouchers; i.e. vouchers where a certain value is recorded or that offer the customer a discount which can be used to pay for a digitisation service from the product portfolio shown. digitalspezialist sells these value vouchers in its own name and for its own account via its own sales channels or in cooperation with partners exclusively on the basis of these GTC. A value voucher entitles the customer, or the person designated by them, to use the voucher to pay for digitisation services that have been purchased.

The validity of a value voucher with regard to the purchase price is subject to statutory provisions; it is valid for 3 years from the date of purchase or invoice. For this purpose, the date of invoice shall be the date of issue. Any promotional prices or discounts on vouchers associated with the purchase of such a value voucher shall end on the respective date stated on the voucher. Promotional prices cannot be combined with any other discounts or promotions. If the price of the selected service is lower than the price stated or recorded on the voucher, the difference will be lost. The difference cannot be paid out in cash. If the price of the selected service is higher than the value stated or recorded on the voucher, the difference will be due upon invoicing. In this case, the voucher used will be credited with its value as part payment. The voucher will be sent to the person and address specified by the customer. Depending on the selected shipping and payment method and the destination, delivery will take place in the form of a digital code or an analogue voucher within 5 working days, sent either by email or by post. In the event of a strike or force majeure, delivery periods shall be extended for the duration of the delay. The customer shall check the details for correctness upon receipt and, in the event of deviations or changes in relation to the submitted order, shall notify digitalspezialist of these deviations without delay. If the customer fails to receive their online voucher by email or post after 7 working days, they are required to bring the problem to the attention of digitalspezialist. The customer will then receive their voucher again immediately by email, or alternatively by post. digitalspezialist shall not be liable if an online voucher sent to the email address or postal address provided by the customer fails to arrive. Vouchers cannot and may not be redeemed until payment has been made in full. Vouchers issued in paper form shall remain the property of digitalspezialist until then. Payment is due immediately after the invoice has been issued in accordance with the invoice date, stating the voucher number. t. digitalspezialist has the right to block the voucher if payment has not been made in due time, without requiring a special deadline, reminder or notification. The commercial resale of value vouchers, or of advertising, promotional or discount codes is strictly prohibited unless otherwise agreed in writing. In the event of infringement, digitalspezialist shall claim damages, which will be set at a flat rate equal to the value of the voucher issued, unless digitalspezialist explicitly proves higher damages.

12. Right of Withdrawal

11.1 Information on the Right of Withdrawal from the Delivery of Goods

You have the right to cancel this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you, or a third party designated by you who is not the carrier, received the goods.

To exercise your right of withdrawal, you must notify us (F&G Digitalspezialist GmbH, Sutthauser Str. 76, 49080 Osnabrück, Germany, service@digitalspezialist.de, phone: +49 541 2028170, fax: +49 541 20281722) of your decision to withdraw from this contract by making a clear declaration to this effect (e.g. by posting a letter or sending a fax or email). You may, but need not, use the attached withdrawal form template to do so.

In order to observe the withdrawal period, it suffices to send the notification of your exercise of the right of withdrawal before expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we will repay to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a different type of delivery to the cheaper, standard delivery we offer) immediately and at the latest within 14 days of the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment for making this repayment that you used for the original transaction, unless otherwise explicitly agreed with you; we will under no circumstances charge you a fee for this repayment. We may refuse to make the repayment until we have received the goods back or until you have furnished evidence that you have returned the goods, whichever the earlier.

You shall return or submit the goods to us immediately and at the latest within 14 days of the day on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before expiry of the period of 14 days. We will bear the costs of returning the goods. You shall only compensate for any loss in value of the goods if this loss in value is attributable to an unnecessary handling of it for testing the quality, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the delivery of goods that are not prefabricated and where an individual selection or designation by the consumer is instrumental in the production of the goods, or that are clearly tailored to the personal needs of the consumer.

• Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.

Withdrawal form template

(If you wish to withdraw from the contract, please complete this form and return it to us.)

– To F&G Digitalspezialist GmbH, Sutthauser Str. 76, 49080 Osnabrück, Germany, service@digitalspezialist.de, fax: +49 541 20281722

– I/We (*) hereby withdraw from the contract concluded with me/us (*) for the purchase of the following items (*) / performance of the following service (*)

– Ordered on (*) / received on (*)

– Consumer’s/Consumers’ name

– Consumer’s/Consumers’ address

– Consumer’s/Consumers’ signature (only in the case of notification on paper)

– Date

(*) delete as appropriate.

12.2. Information on the Right of Withdrawal for Services

You have the right to cancel this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day when the contract was concluded.

In order to observe the withdrawal period, it suffices to send the notification of your exercise of the right of withdrawal before expiry of the withdrawal period.

Consequences of Withdrawal

If you requested the services to start during the withdrawal period, you shall pay us an reasonable amount that is in proportion to the extent of the service already provided up to the point when you notified us that you would exercise your right of withdrawal from this contract in comparison with the total extent of the services provided for in the contract.

The right of withdrawal shall expire prematurely if we have provided the service in full and only started to provide the service after you gave your express consent to this and at the same time confirmed that you were aware that you would lose your right of withdrawal if we fulfilled the contract in full.

Withdrawal form template

(If you wish to withdraw from the contract, please complete this form and return it to us.)

– To F&G Digitalspezialist GmbH, Sutthauser Str. 76, 49080 Osnabrück, Germany, service@digitalspezialist.de, fax: +49 541 20281722

– I/We (*) hereby withdraw from the contract concluded with me/us (*) for the purchase of the following items (*) / performance of the following service (*)

– Ordered on (*) / received on (*)

– Consumer’s/Consumers’ name

– Consumer’s/Consumers’ address

– Consumer’s/Consumers’ signature (only in the case of notification on paper)

– Date

(*) delete as appropriate.

Status: 01.01.2022