Terms and Conditions of Product Sales

§ 1 Scope

The present Terms and Conditions of Product Sales are part and parcel of every contract between the OSN Online Social Networking GmbH, Heimhuder Str. 72, 20148 Hamburg, Germany, represented by the managing director Dipl.-Kfm. Daniel Grözinger and Dipl.-Kfm. Sven Schmidt (in the following referred to as OSN GmbH) and the Customer (in the following referred to as Customer) as well as their legal successors.

OSN GmbH effects services, performances and deliveries in the context of a product sale exclusively on the basis of these General Terms and Conditions.
For the use of the internet platform and all other services, contents and functions, the general Terms and Conditions apply, they can be found here.
OSN GmbH uses service providers for the printing and delivery. Only the people, photos, and family tree data is forwarded to service providers that is necessary to complete orders. The customer agrees to such use of the data with ordering.

§ 2 Contract / contract services

The presentation of the services, in particular brochures, advertisements and on the internet, is a non-binding offer of OSN GmbH.
A contract materializes only after the confirmation in writing of the order by OSN GmbH or with the beginning of the execution of the contract by OSN GmbH. Additional agreements, modifications and addenda are valid only when authorized by OSN GmbH in writing.
OSN GmbH reserves the right to reject orders of a Custumer in the individual case. Orders of Customers can be rejected in particular, if the Customer furnishes documents, contents or materials which infringe valid German Law.
Orders and delivery addresses from outside the Federal Republic of Germany, Austria, United Kingdom, or United States will not be accepted. Payments made for delivery outside of these countries will be transferred back or credited to the credit card account.

§ 3 Copyrights

OSN GmbH is not the creator of the family tree and photo posters offered on the website. The customer that created his own family tree or who uploaded picture files is to be seen as the creator.
OSN GmbH has the full right of the family trees and images from the customer and is allowed to use the family trees and images for the products offered to the customer. These products can be sold to the customer and a right of use can be transferred to the customer. The products can be sold so that they are free of third parties' rights.
The respective customer has assured OSN GmbH that no copyrights, other protective rights or other third parties' rights prevent the usage of the data described under (2).
The products sold as such can be used by the customer for an unlimited period of time and worldwide. The commercial resale and any copying, distribution, public display, change and editing are prohibited.

§ 4 Obligations of the Customer

The processing of the furnished data and picture products of the Customer is effected within a technically automated procedure without the manual preliminary examination and correction through OSN GmbH. The Customer confirms by uploading files that he has the right to disperse and to duplicate the contents and materials of that file.
The Customer guarantees that the contents and materials of a sent file do not infringe valid German Law.
The Customer guarantees in particular,
- that no illegal documents, materials and contents which glorify violence, are demagogue or racist, no propaganda material, emblems of anticonstitutional parties or their alternative organizations or instructions on how to commit a crime, pornographic documents, materials or contents concerning the sexual abuse of children or sexual actions with animals and no discriminating statements or pictures concerning race, sex, religion, nationality, handicaps, sexual preference or age will be sent to OSN GmbH;
- that no laws relative to the protection of children and young persons will be violated. This applies in particular for the legal regulations of §§ 184 ff. German Penal Code (StGB) (dissemination of pornography), 185 ff. German Penal Code (StGB) (insult, slander, libel) as well as for the provisions of the Interstate Treaty for the Protection of Minors from Unsuitable Media Content;
- that the documents (in particular picture and text files), contents and materials which are sent to OSN GmbH, do not infringe copyrights, trademark rights or other protective rights of third persons.

§ 5 Delivery, delivery time

OSN GmbH is entitled to make partial deliveries which are considered as independent deliveries. Additional costs due to this circumstance will not be billed to the Customer.
OSN GmbH tries to observe the indicated terms. In the case where OSN GmbH is delinquent , the purchaser is entitled to withdraw from the contract according to the following provisions.
The grace period, which OSN GmbH is legally entitled to, is fixed at two weeks. The grace period begins when OSN GmbH receives the determination of the grace period of the Customer. The above mentioned shall not apply, if a grace period is not acceptable for the Customer. This is in particular the case, if it is a transaction for delivery of a fixed date, or if the Customer's interest in a grace period, is omitted for compelling, legitimate reasons.
In case of delivery disruptions which are not within the sphere of influence of OSN GmbH (in particular acts of God) and which are not caused by negligence of OSN GmbH, OSN GmbH is entitled to withdraw from the contract without becoming liable for damages, unless the frustration of contract is of a temporary nature. OSN GmbH does not become delinquent during the time of the obstacle. The already paid purchase price shall be returned in case in case of a withdrawal.
OSN GmbH effects orders and services only if there are no outstanding payments from other contracts. Payments will be first of all set off against unsettled claims, interests and costs in the chronological order of the respective time for payment.

§ 6 Conditions of payment

The purchase price falls immediately due with the conclusion of the contract and is debited in advance.
All prices are retail prices including the legal turnover tax.
The Customer has the right to pay with credit card or bank collection.
In case the Customer does not fulfill his payment obligations, in particular in case of finalizing a reversed transaction or a suspension of payments, or in case justified doubts about the creditworthiness of the Customer becomes apparent, OSN GmbH is entitled to require the immediate payment of all items.
OSN GmbH reserves the right to require an adequate handling sum, which is to be determined for the individual case, for bank debits resulting from a direct debiting or credit card reversed tansaction, except the Customer is not responsible for the direct debiting or credit card reversed tansaction.
The Customer shall bear all shipping costs, in particular packaging, transport costs, transport insurance and delivery costs. All prices and additional costs are calculated according to the price lists which are used by OSN GmbH at the time of the provision and dispatch.
If additional shipping costs arise to OSN GmbH due to a falsly indicated delivery address or wrong address data, the Customer has to compensate those costs, except he is not responsible for the false indication.

§ 7 Retention of title

All deliveries shall take place with reservation of title up to the complete payment of all the claims, including balance and additional claims, to which OSN GmbH is entitled against the Customer at the present and in the future, irrespective of any legal ground.
If the Customer fails to pay the purchase price in due time, OSN GmbH is entitled to take possession of the reserved goods after a warning and an adequate corresponding period of grace. Enforcement of rights of retention or pledging the the goods by OSN GmbH are not considered as a withdrawal from the contract, unless other regulations prescribed by law, in particular by the Consumer Credit Act, impede.

§ 8 Warranty / transfer of risk

Particulars, drawings, illustrations, technical data, weight, measurements and performance descriptions which are included in brochures, catalogues, circulars, advertisements or price lists are of an informative character. OSN GmbH accepts no responsibility for the correctness of this data. Concerning the nature and scale of the delivery, the data contained in the order and confirmation of the order is valid only.
OSN GmbH does not provide any warranty for the fading of colours or hygrostability of print products, unless a guarantee in writing is provided (e.g. UV coating printing process or lamination). OSN GmbH expressly points out that the print products are exclusively intended for the use in closed rooms.
Terms and specifications determined at the conclusion of the contract reflect the state of the art at that point of time. Technical deviations (in particular picture trimming and color of the printout) of the delivered goods from the offer documents are allowed and do not represent an error in so far as they are within the customary limits and the contractual purpose is not substantially limited. Pictures which were trimmed can - as usual in trade - deviate minimally, but not considerably from the pre-set sizes. Minimal customary coulour differences on the printout can appear, if the Customer's screen is calibrated elsewise and not colour-proof. Black/white printouts can contain a minimal customary colour cast due to the colour printing. Complaints, credits and replacement printouts due to this fact are excluded, except the deviation is outside the customary limits.
The limitation period of the claims from warranty of quality is at 24 months and starts from the date of delivery of the item purchased. If the Customer is a merchant according to § 14 of the German Civil Code (BGB), the limitation period is at 12 months from the date of the delivery of the item. The limitation period for used items is at 12 months from the delivery of the item.
The legal provisions, inspection and notification duties according to the German Commercial Code (HGB) apply for merchants.

§ 9 Limitation of liability / exemption from liability

OSN GmbH is to be held liable for damages caused by intent or gross negligence. For the rest OSN GmbH is only to be held liable for injury of life, body and health and the violation of major contractual duties (cardinal obligations). This applies also for indirect consequential damages such as loss of profit in particular.
The liability towards consumers is limited to foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence, or damages due to the injury of life, body and health and the violation of major contractual duties (cardinal obligations). This also applies for indirect consequential damages such as a loss of profit in particular.
The liability towards companies is limited to foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of damages caused by intent or gross negligence or damages due to the injury of life, body and health. This also applies for indirect damages such as a loss of profit in particular.
The limitation of liability mentioned in paragraphs 1 to 3 shall also apply in favour of employees and vicarious agents of OSN GmbH.
Liability claims according to the Product Liability Act remain unaffected.

§ 10 Data protection

Our data protection information is valid as regards the data protection.

§ 11 Revocation

If the Customer is a consumer (§ 13 German Civil Code (BGB)), he has the possibility to cancel his order within 14 days on the receipt of the goods without indicating any reason. This cancellation is to be done in writing, in text form or by returning the goods to OSN GmbH.
This right of revocation is not valid for contracts related to the delivery of goods which OSN GmbH manufactured according to customer specifications or which were obviously customized to the personal needs of the Customer or which cannot be returned because of their nature.
The effective exercise of the right of revocation obliges the Customer to return the goods, if the goods can be sent in a parcel. The return is at the risk and at the expense of OSN GmbH, unless the order is below an amount of 40,00 euros. In this case the Customer has to carry the return charges. The goods are to be returned to the address mentioned in § 1.
As soon as OSN GmbH has received the returned goods, OSN GmbH will immediately grant the Customer the credit via bank transfer or cheque.
In case of a cancellation of the contract, the Customer is obliged to pay a compensation for a depreciation due to the use of the article as provided. The Customer has the opportunity to avoid this by checking the article on its use and capability only. Inasmuch no other agreements are made, the Customer shall be liable for any depreciation or the loss of the article.

§ 12 Destruction of sent materials

All documents and materials, in particular all digital storage devices which the Customer sent to OSN GmbH for the fulfilment of the contract, will not be returned by OSN GmbH, but destroyed after the fulfilment of the contract. On request of the Customer, OSN GmbH will return the handed in documents to the Customer. The Customer carries the shipping costs.
OSN GmbH reserves the right to make a backup copy, in particular of the documents, materials and contents the Customer digitally transferred in order to be able to guarantee an immediate rework in case the Customer requests it. OSN GmbH uses the data stored on the backup copy exclusively for purposes of rework. OSN GmbH destroys the backup copy immediately on expiration of the warranty period.

§ 13 Final provisions

Modifications or amendments of these General Terms and Conditions are to be done in writing. This applies also to the removal of the requirements of the written form.
German legislation applies, excluding the UN Sales Law. Imperative requirements of the state where the Customer has his usual residence remain unaffected.
Inasmuch the Customer is a merchant who has been entered as such in the commercial register, a legal person under public law or a special fund under public law, or has no place of general jurisdiction within the country or transfers his residence abroad after the conclusion of the contract, or his residence is unknown at the time of the institution of legal proceedings, the place of jurisdiction for the disputes resulting from our contract shall be the business location of OSN GmbH.
In the case of an invalidity of individual clauses of these General Terms and Conditions or a contradiction of legal requirements, the validity of these terms as a whole will not be affected. The contracting parties will replace the invalid clause by mutual agreement by a clause which comes the closest to the economic sense and purpose of the invalid clause in a legally effective way. The present regulation is equally applied for gaps in the provisions of this contract.
In case of any contradictions, legal disputes or other cases, the original German language version of the General Terms and Conditions shall prevail.
This document has been translated into English just for your information. In case of any discrepancy, the german version of this document (www.verwandt.de/agb-fuer-den-produktverkauf) is the sole legally binding version and defines your relation to dynastree.

Issue of the General Terms and Conditions: October 2008