Terms and Conditions

This English version is provided for convenience. Only the German version is legally binding.

General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) for the use of Flashbooks.org

I. General

§ 1 Scope

Business relationships between Flashbooks GmbH (hereinafter referred to as Flashbooks) and the Customer (Besteller) are governed exclusively by the following General Terms and Conditions in the version available online at the time of the order. The Customer may save these on their computer and/or print them out for the purpose of the online order. The online shop is available in German; the language of the contract is German.

§ 2 Contracting party

The Customer's contractual partner is Flashbooks, Sebastian-Fischer-Weg 6, 83071 Stephanskirchen, Germany.

§ 3 Prices

The goods are supplied at the prices in euros stated on the Flashbooks website and valid on the date the order is placed. The price consists of the order value, the shipping costs and any other price components, and includes the statutory value added tax (VAT) applicable at the time.

For shipments to countries outside the European Union, additional customs duties may be incurred. These are not included in the price and are payable by the Customer.

§ 4 Delivery, shipping

The goods are delivered or collected in accordance with the provisions set out in the ordering software, in the ordering process or on the website, unless otherwise agreed between the Customer and Flashbooks.

The delivery time is agreed individually or, at the latest, delivery takes place 10 working days after receipt of all player responses or approval for printing.

§ 5 Retention of title

The goods remain the property of Flashbooks until all goods from the same order have been paid for in full.

§ 6 Complaints/dispute resolution

We endeavour to find an amicable solution in the event of disagreements with our customers. The competent consumer arbitration body (Verbraucherschlichtungsstelle) is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstr. 8, 77694 Kehl, www.verbraucher-schlichter.de. However, we declare that we are neither willing nor obliged to participate in dispute resolution proceedings. If you are not satisfied with one of our offers, please feel free to contact us at info@flashbooks.org.

§ 7 Data protection, data security

To provide the services, the Provider uses the infrastructure and software of Flashbooks. Only such personal data and image data as are necessary for the complete performance of the orders or services are passed on to Flashbooks.

Use of third-party providers for surveys
We use a third-party provider to conduct surveys or similar data collections. The data collected there are processed in accordance with the data protection provisions of the respective provider. We recommend that you read the third-party provider's privacy policy carefully to obtain information on how your data are handled.

Storage of images
The images submitted by the Customer and by the persons depicted in the book are stored on the design platform Canva. Further information on the storage and processing of image data by Canva can be found directly in Canva's privacy policy.

With regard to further provisions concerning data protection and data security, reference is made to the separate privacy policy, which the Customer may save on their computer and/or print out for the purpose of the online order.

§ 8 Copyright, criminal law

Flashbooks does not at any time acquire the rights to the Customer's images or to the Customer's analogue photo products or photo products to be digitised. Accordingly, the images are not used by Flashbooks or by employees of Flashbooks other than for the creation of the ordered product. Disclosure to third parties is also excluded.

The Customer and the persons depicted in the book are solely responsible for the content of the transmitted image files. They must ensure that they hold the copyright, trade mark or other rights required for all image files transmitted to Flashbooks and for the commissioned use. The Customer alone bears all consequences arising from any infringement of these rights. The Customer is obliged to indemnify Flashbooks against all justified claims asserted by third parties on account of the infringement of their rights resulting from the processing, reproduction and use of the transmitted image files in accordance with the order placed.

The Customer and the respective persons depicted in the book warrant that the content of the transmitted image files does not violate any applicable prohibitions, in particular the provisions on the distribution of child pornography (Sections 184 et seq. of the German Criminal Code (StGB)). Should Flashbooks become aware of any breach of this warranty, Flashbooks will notify the competent criminal prosecution authorities without undue delay.

§ 9 Miscellaneous provisions

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the Customer has their habitual residence remain unaffected.

If the Customer has no general place of jurisdiction in Germany, or has moved their domicile abroad after conclusion of the contract, or if their domicile is not known at the time the action is brought, or if the Customer is a merchant (Kaufmann) acting in that capacity, the place of jurisdiction for all disputes is the registered office of Flashbooks.

Should individual provisions of this contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

II. Flashbooks photo service

§ 1 Conclusion of contract

By sending digital originals in file form (image files), the Customer instructs Flashbooks to produce images and/or articles bearing images (goods). By clicking the order button “order with obligation to pay” („zahlungspflichtig bestellen“), the Customer submits a binding offer to conclude a contract. Before submitting the order, the Customer may view and change the data at any time, identify any input errors and, where necessary, correct them before finally submitting the binding order. Flashbooks will confirm receipt of the order to the Customer by email without undue delay. The confirmation of receipt of the order does not yet constitute acceptance. The Provider declares acceptance within 5 days by delivering the goods or by express confirmation of acceptance.

§ 2 Payment

When placing the order, the Customer specifies whether they wish to pay by invoice or by an online payment method. With an online payment method, the Customer authorises the payment either by entering their bank details or credit card details or the login details of a payment service provider. With mobile payment methods, the Customer additionally uses the payment service provider's app to approve (authenticate) the payment. Flashbooks reserves the right to maintain the payment authorisation/reservation until the product has been completed, for a maximum of 28 days.

§ 3 No right of withdrawal for personalised friendship book products

The inclusion of individual image files and individual texts results in individualised goods. Since the personalised friendship books are made specifically according to the specifications of the Customer and the associated team member and are tailored to their personal needs, the right of withdrawal (Widerrufsrecht) for distance contracts pursuant to Section 312g(1) of the German Civil Code (BGB) is excluded under Section 312g(2) no. 1 BGB.

§ 4 Claims for defects

The Customer is entitled to statutory warranty rights (Gewährleistungsrechte) in respect of any defects, unless otherwise provided in these General Terms and Conditions.

§ 5 Liability

Flashbooks is liable in accordance with the statutory provisions for damage caused by intentional or grossly negligent conduct on the part of Flashbooks, its representatives or its vicarious agents (Erfüllungsgehilfen).