[DRAFT -- have reviewed by a lawyer before publication. Particularly important: absolutely have Section 8 (Right of Withdrawal) confirmed by legal counsel.]
1. Scope
These General Terms and Conditions apply to all orders placed by consumers and entrepreneurs via the URIDE Displaid online shop, operated by [Company name, address] (hereinafter "we" or "seller").
2. Conclusion of Contract
The presentation of products in the shop does not constitute a binding offer on our part, but rather an invitation to order. By completing the ordering process at checkout, you submit a binding offer to purchase. The purchase contract is concluded as soon as we accept your order by sending an order confirmation via email.
3. Description of Services
We offer personalized works of art (posters, framed posters, canvases, acrylic glass and aluminum prints) that are individually created using AI-assisted image editing based on photos of your own vehicle that you have uploaded. You select the style, design, and format from the options provided.
4. Your Obligations to Cooperate and Rights to Uploaded Images
You warrant that you are authorized to upload the photos you provide and that no rights of third parties (in particular copyright, trademark, or personal rights) are infringed. You grant us a simple, non-exclusive right of use of the uploaded photos, limited in time to the execution of the contract, insofar as this is necessary for the creation, editing, and production of the product you have ordered.
5. Prices and Shipping Costs
All stated prices are in euros and include the applicable statutory value-added tax[, unless VAT is not shown pursuant to Section 19 of the German Value Added Tax Act (UStG)]. Any additional shipping costs will be shown to you in the checkout process before you complete your order.
6. Payment
Payment is made via the payment methods offered at checkout [e.g., credit card, PayPal, Klarna, Shop Pay -- complete finally]. The purchase price is due upon conclusion of the contract.
7. Delivery
Production and shipping are carried out by our printing and fulfillment partner, Gelato. The estimated delivery/production time will be communicated to you in the shop or via email and is non-binding unless expressly designated as binding. We deliver within [insert delivery area, e.g., Germany and the EU].
8. Right of Withdrawal
Since the products we offer are goods manufactured according to your individual specifications (your own vehicle photo, choice of style, format) and are clearly tailored to your personal needs, there is no statutory right of withdrawal pursuant to Section 312g (2) No. 1 of the German Civil Code (BGB).
Important: You must have this assessment confirmed by a lawyer before the shop goes live. If a right of withdrawal should exist or if you wish to voluntarily grant one, a complete, exemplary cancellation policy, including a model withdrawal form, must be added here.
9. Warranty
The statutory warranty rights apply. Minor deviations in color or contrast between the screen display and the printed product, which are due to printing technology, do not constitute a defect.
10. Liability
We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are only liable for the breach of an essential contractual obligation (cardinal obligation), limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
11. Rights of Use to the Finished Artwork
Upon full payment, you receive the right to use the artwork created for you for private purposes. We are entitled to use design drafts not purchased by the customer, as well as preview images provided with watermarks or rendered anonymous regarding license plates, for our own marketing purposes.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are [not willing / obliged] to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law, or a special fund under public law, [insert place of jurisdiction] is the exclusive place of jurisdiction for all disputes arising from this contract. Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.