§ 1 General / Scope of application
All deliveries, in particular purchase contracts for and deliveries of hardware and software, and all services, in particular maintenance and support services, of pixolo GmbH are based on these General Terms and Conditions, the service description and the provisions in the order confirmation. Your terms and conditions of purchase shall only apply insofar as they do not contradict our General Terms and Conditions.
§ 2 Purchase contracts: Conclusion of contract
Our offers are non-binding. Your order is a binding contractual offer. The price valid at the time of the submission of the contract offer shall apply, which results from our offer or our current price list. We can accept your order at our discretion within two weeks by sending an order confirmation or by sending the ordered goods or providing the ordered services within this period.
§ 3 Services: Conclusion of contract
Our offers for installation services, maintenance and support services, graphic work and other services are non-binding. A contract for services is concluded when you receive the order confirmation from us in response to your order.
§ 4 Subcontractors
We reserve the right, at our discretion, to have services under this contract performed by subcontractors selected by us.
§ Section 5 Electronic Data Processing; Assignment
1 You agree that your personal data may be stored and processed electronically within our company for the purpose of conducting business with you and for advertising purposes. We will ensure the confidentiality of your personal data. 2. we are entitled to assign the claims arising from our business relationship.
§ 6 Delivery, obligations to cooperate
1. the ordered products will be delivered according to the shipping method you have selected. We shall deliver the product by the time specified in the order confirmation. All prior deadlines are non-binding and only become binding upon confirmation in our order confirmation. 2. the provision of the services by us presupposes the comprehensive and timely fulfillment of your obligations to cooperate as well as the correctness and completeness of the information and data transmitted by you to us.
§ Section 7 Retention of title
1. we retain title to the delivered products until the price has been paid in full. 2. you are authorized to resell the goods in the ordinary course of your business. In this case, you assign to us the resulting claims in the amount of the value of the goods subject to retention of title with regard to the goods that are still our property due to lack of payment. You are authorized – until revoked – to collect the corresponding claims in your own name. In the event of access by third parties to the delivered products, you shall draw attention to our ownership and inform us immediately.
§ 8 Transfer of risk
The risk of loss and damage to products is transferred to you upon shipment.
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9 Installation Information on product installation may be available together with the products or on request. Installation services shall, if agreed separately, be carried out in accordance with the specifications stated on the order form.

§ 10 Term and termination of maintenance and support services
1. the maintenance and support services specified in the offer for the first year beginning with the delivery of the products or the download of the software and, in the case of software, the provision of the license key to you are included in the purchase price, unless otherwise described in the offer. 2. Thereafter, the contract for maintenance and support services to those specified in the offer conditions each extended by 12 months if the contract for maintenance and support services is not terminated with a notice period of 3 months to the end of the contract by either party properly. 3. The right of both parties to terminate for good cause remains unaffected. 4. For terminations, a written notification is required.

§ 11 Termination for Other Services
1. Unless agreed otherwise in individual cases or in these Terms and Conditions, either party may terminate a contract for other services within a period of 30 days to the end of the month. 2. The right of both parties to terminate for good cause remains unaffected. 3. written form is required for terminations.

§ 12 Software usage rights.
1. to the extent that software or other products, documentation, work results or services protected by intellectual or industrial property rights are the subject of this contract or are delivered under this contract, we grant you a non-exclusive, perpetual right of use for contractual use within the member states of the European Union and the European Free Trade Association within the scope of your business operations.
2. the right of use for software entitles you to install and use the software on a computer, photo printing terminal or other hardware in accordance with our system specifications. You will receive a license key for the installation of the software on the hardware, which you can access via our administration website 3. They are entitled to make a backup copy. 4. You are only entitled to sell the software to a third party, if you transfer original data carriers supplied by us (e.g. CD, USB memory stick), all to himself existing stored copies and copies (including any backup copies) and delete the acquirer provide these terms and conditions. You agree that in the event of a resale to confirm the deletion of all existing copies with you unsolicited writing. If you have downloaded the software and a disc was supplied by us, you are only entitled to use the Software to any third party to sell, if all existing in itself memory copies and copies (including any backup copies) delete and make the purchaser these terms and conditions are available. You agree that in the event of a resale to confirm the deletion of all existing copies with you unsolicited writing. 5. The Software contains documentation that is provided to you in electronic form. 6. you are not entitled to translate, edit, rearrange or otherwise modify the software or combine it with other software without our prior consent. This restriction does not apply if the processing is necessary to correct errors, provided that we have not corrected the error within the contractually agreed period or a reasonable period set by you, or we have refused to correct the error, whereby we are entitled to correct the error after expiry of the warranty period or outside the warranty only for a reasonable fee. 7. You may not reverse engineer, decompile, or decompile, except to the extent in § 69e Copyright Act is provided. 8. You are not authorized to reproduce the software publicly or made available, except in the context of the intended use of hardware according to our system specifications, especially on the hardware terminal on which it has been delivered. 9. you may not delete, alter or obscure any copyright notices, trademarks, serial numbers or other markings in the licensed material and will incorporate them in markings in copies. You may not circumvent, alter or remove technical protection measures. 10. Where there are to work results of our services copyrights or intellectual property rights, we grant you rights thereto in accordance with the provisions of this § 12 (rights to use the software). 11. we are in no way prevented from using work results or specialist knowledge developed in the course of providing the services for ourselves or other customers.

§ Section 13 Warranty
1 We undertake to remedy defects in services and to repair or replace defective products. We shall be entitled to choose between rectification of defects and new delivery. We are entitled to at least two attempts at subsequent performance. If the supplementary performance fails, is unreasonable or if we are in default, you are entitled to the other statutory warranty rights. You shall only be entitled to compensation within the limits of § 15 (Liability)
2. replaced parts shall become our property without compensation.
3. software errors which impair the intended use not only insignificantly, we shall correct at our discretion, depending on the significance of the error, either by supplying an improved software version or, in the case of minor errors, by providing instructions on how to eliminate or circumvent the effect of the error. We may rectify software errors that only insignificantly impair the intended use of the software as part of the next regular software update. 4. The warranty period is one year from the transfer of risk. 5. the warranty does not extend to wearing parts of the products, insofar as this is normal wear and tear or the number of operating hours specified by the manufacturer for the respective part has been exceeded. Furthermore, our warranty does not cover damage caused by improper operation or care, improper power supply, connection to or use of third-party devices that do not comply with our system specifications, vandalism or force majeure.

§ 14 Open-Source Software
1. we guarantee that the contractual use of the products delivered by us as well as the other services and performance results provided by us do not infringe any intellectual or industrial property rights of third parties within the Federal Republic of Germany.
2. if third parties assert claims due to the infringement of industrial property rights by our products or other services or service results, we shall decide whether and how any resulting legal dispute is to be conducted at our expense. Without our prior written consent, you may not conduct any negotiations, reach any settlements or make any other concessions in relation to the asserted claim. You undertake to support us in the event of a possible infringement of third-party property rights in the defense of the claims.
3. if a claim or an action for infringement of third-party property rights is pending or, in our reasonable opinion, imminent, we may take measures at our own expense to avoid the infringement or alleged infringement of these rights by continuing to provide the contractual goods and services. We can achieve this in particular by modifying or replacing the hardware and software and their services or by obtaining a license that permits the use of these rights that have been infringed or are claimed to have been infringed. If such measures avoid the claim for infringement or alleged infringement of third party rights, we shall have no further liability for such claims. 4. Your rights depend, moreover, according to § 13 (warranty) and § 15 (Liability). 5 Our software contains open-source components. The license terms applicable to these components are compiled and available in the software documentation. Our software also contains third-party components. The license terms applicable to these components are listed and available in the software documentation.

§ 15 Liability
1 Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective delivery or performance, other breaches of contract and breaches of duty, is limited in accordance with the following provisions: 2. We shall be liable without limitation for intent and gross negligence, for guarantees, for indebted injury of life, body or health as well as under the product liability and safety law. We shall only be liable for simple negligence in the event of a breach of material contractual obligations and only to the amount of the typically foreseeable damage. Material contractual obligations are the obligations to deliver and provide services on time and free of defects as well as obligations to provide advice, protection and care which are intended to enable you to use the products or services in accordance with the contract or which serve to protect your material legal interests and your personnel from significant damage. 3. The above exclusions and limitations apply to the same extent for the benefit of our bodies, legal representatives, employees and other agents. 4. we shall only be liable for damage to or the deletion or destruction of data in the event of negligence if and to the extent that you have ensured through regular data backups that this data can be reconstructed with reasonable effort from data material held in machine-readable form.

§ 16 Amendments to these General Terms and Conditions and other conditions
We reserve the right to amend these General Terms and Conditions and the prices and service descriptions published by us for ongoing contractual relationships with effect for the future. We will announce such changes to you in writing at least 3 months in advance. The changes will become effective if you do not object to the changes in writing within 1 month of receipt of the notification of change. We will draw your attention to this legal consequence. In the event of an objection, we are entitled to terminate the contract with due notice at the next possible date.

§ 17 Written form
All amendments to this contract must be made in writing. This also applies to amendments to this written form clause. Declarations under this contract may also be made in text form in accordance with § 126b BGB (e.g. by fax or e-mail).

§ 18 Applicable law / place of performance / place of jurisdiction
1. German law shall apply to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods. 2. place of performance is our registered office in Frankfurt am Main. 3. place of jurisdiction is Frankfurt am Main.

§ 19. Further agreements
1. If you export products supplied by us, you are obliged to comply with the relevant national, European and United States export laws. 2. You can transmit contractual rights and obligations without our prior written consent. 3. Offsetting or retention may be invoked only with undisputed or legally valid counter claims. (4) Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The same applies in the event of loopholes. The invalid or unenforceable provision shall be replaced by the statutory provision. Stand: 11/2023