Kartensender

§1 Scope of application

1. The following Terms and Conditions (T&C) apply exclusively for the “Cardsender” (software) offered by autoprint GmbH (referred to as “autoprint” in the following).
2. The software (Cardsender) is owned by autoprint GmbH, KölnTurm, Im Mediapark 8, 50670 Köln, Amtsgericht Köln, HRB 43023, Owner: Matthias Eiermann, USt-IdNr DE 223397474, phone 0800 919 19 13, fax  0221 271 11 21, info@autoprint.de
3. The software is made available for free in the Apple iTunes store.
4. By ordering through “Cardsender” the customer acknowledged the general Terms and Conditions of autoprint GmbH an. Differing Terms and Conditions of the customer only apply, if and once they are acknowledged by autoprint GmbH in writing.

§2 Conclusion of the contract

1. The contract is concluded when Autoprint receive the information necessary to create the card.
2. Autoprint is entitled to rescind the contract if the content of the data file (text, motif, graphics, logos etc.) in Autoprint’s view breaches applicable law, is immoral or runs contrary to the financial interests of Autoprint.

§3 Scope of services

1. Autoprint undertakes to print a post card with the contents requested by the customer and to deliver the completed post card using a carrier (Deutsche Post etc.).
   
   The service from Autoprint is rendered when delivery is made to the carrier.
2. Autoprint is not liable for defects based on mistakes in the information delivered by the customers. Immaterial variations and variations caused by the material or process in the print preview do not give entitlement to refuse to accept, to reduce or to make claims for damages.
   Autoprint is not obliged to check that the information from customers is accurate in content, complete or complies with statutory provisions, in particular those regarding competition and copyright law. The customer therefore guarantees that he is absolutely entitled to use, transfer and distribute the information sent (text, pictures etc.). If the information sent by the customer, which is used in fulfilment of the contract, breaches industrial property rights, copyrights or other rights of third parties or infringes on competition law or morality, the customer releases Autoprint from liability regarding the rights of third parties.

§4 Prices, due date, payment

1. Payment is due immediately upon conclusion of the contract.
2. Payment is made in advance using one of the methods of payment listed at www.cardsender.de
3. The prices listed are the final prices including possible incidental statutory VAT. For payments made by credit card or direct debit, the prices listed increase by 0.61€ or 0.29€ respectively.
4. A charge with counterclaims is only possible if these are indisputable or legally binding.
5. The customer is only authorised to exercise the right of retention if his counterclaim is based on the same legal relationship.

§5 Data protection

1. Autoprint saves and processes the customers’ personal information as well as the personal information of third parties provided by the customers (name, address etc.) only so far as it is necessary to perform the service.
2. If in processing the order Autoprint uses third parties, the customer agrees to the transfer of his information exclusively for this purpose.
3. Data entered for payment pruposes, is saved on the device (e.g. iPod touch/iPhone), so that repeated entry for further services (for payment validation) is not necessary.

§6 Final clause

1. German law applies.
2. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
3. Cologne is the court of jurisdiction for contracts with customers who are not consumers.