Ts and Cs
Terms and Conditions
1) Scope of Application
2) Conclusion of the Contract
3) Supplier's services
4) Obligations of the client, granting of rights, legal guarantee
5) Transfer of rights (licence)
6) Prices and payment
7) Warranty and Guarantee
8) Liability for defects
9) Cancellation policy
10) Information requirements for digital content
11) Place of jurisdiction and applicable law
12) Note on data-handling
13) Alternative dispute resolution
The following Terms and Conditions also contain legal information about your rights under the Distance Selling and Electronic Commerce Regulations.
1. These Terms and Conditions shall apply to all contracts concluded between the platform pixi.co, through Paket 24 GmbH, represented by the managing director Mr. Marc-Andre M. Ballo, Regattastr. 55, Tel. +49 – (0)30-3643632-0 (hereinafter referred to as “Supplier”) and the Client referred to in Clause 1.2
1. The following General Terms and Conditions (GTC) apply to the business relationship between the Supplier (the Pixico website) and the Client. The GTC apply in their version valid at the time of commissioning. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
2. A consumer pursuant to these Terms and Conditions is any individual who concludes a legal transaction for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any individual, juristic person or judicable partnership that in concluding a legal transaction is acting in the execution
of its commercial or independent business activity.
3. Incidentally, the following definitions apply to the interpretation of the GTC, unless the context otherwise requires:
a. 3D Visualisation(s): refers to the conversion of technical drawings and two-dimensional data to three-dimensional models or rooms. All modelling steps (elements) as well as all associated dimensions (parameters) will be saved individually. As such, models can be subsequently influenced by changing the input values in a controlled manner. After setting up the light and the camera, the scene is then rendered into a 2D image or exported as a 360-degree view (sequence of approximately 40 individual images) or as a video.
b. Product and services: the services and / or products offered by the provider in accordance with the website or other advertising materials, in particular 3D visualisations.
c. Website: the website provided by the Supplier - www.pixi.co
d. Data: pictures, drawings, sketches, layouts, different views of the product, site plans, 3D models and any other documentation that the Client provies the Supplier with for the purpose of creating the product, in particular the 3D visualisation.
1. The service descriptions outlined on the Supplier’s website do not constitute binding offers on the part of the Supplier, but merely serve the purpose of submitting a binding offer by the Client.
2. The Client may submit the offer by the online order form integrated into the Supplier's online shop by doing the following:
a. The Client can register once or – if a registration already exists – log on to the Supplier’s website using the login data as chosen by the Client. The Client also has the option to go through the electronic ordering process as a guest, without having to register.
b. The Client can choose from the range of services offered by the Supplier. The Client can also choose from a range of payment methods (Clause 6). In addition, the Client has the opportunity to specify which service(s) are required from the Supplier in more detail.
c. After having placed the selected services in the virtual basket, selecting the payment method (Clause6), going through the electronic ordering process, and by clicking the button finalising the order process, the Client submits a legally binding offer of contract with regard to the services contained in the virtual basket. Before submitting the binding offer the Client can amend and view the data at any time using the usual keyboard and mouse functions. However, the application can only be submitted and transmitted if the Client has accepted these Terms and Conditions by clicking on the button to agree to and accept the Terms and Conditions of sale. By doing so the Client is also agreeing to the terms of the Cancellation Policy (Clause 9).
d. The Supplier then sends the Client an automatic email to acknowledge receipt of the order. The Client’s order and chosen payment method are contained in the email for the Client to review. The Client can print this email by selecting the function “Print”. The automatic receipt of acknowledgement email merely documents that the Client’s order has been received by the Supplier and does not constitute acceptance of the order. It is the Client`s responsibility to ensure that the email address he/she provides for the order processing is accurate so that emails sent by the Supplier can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
e. After clicking the button that completes the ordering process the Client has the option to upload up to 10 files, based on which the Supplier will provide the service. The files can be uploaded in the following forms: JPEG, .GIF, .PNG, .EPS, .BMP, .TIFF or .PSD and can each be up to 10MB in size. Sending the files using other forms of data transmission, such as DVD, USB stick or a download link sent by email, are only permitted with the prior consent of the Supplier.
f. In addition, the Client may also submit the offer to the Supplier by telephone, fax, email or post. In such cases, the Client will be sent a link by email, which the Client must click to confirm submission of the offer and to validate the email address. Once the offer and the email address have been confirmed, the ordering process as described in these Terms and Conditions shall apply accordingly for the rest of the order process, unless otherwise agreed by the Client.
3. The Supplier will check whether the requested service can be provided after payment has been received for the service commissioned by the Client and the Supplier has the received the files that the product is to be based on. The decision will be made within 2 working days. The Supplier will inform the client if the files transmitted by the Client cannot be used for 3D visualisation and if the 3D visualisation is not possible or only at a higher cost. If creating the product will entail additional effort and it’s possible that it’ll cost more, the Supplier will inform the Client, who can decide if he/she wants to continue using the service. If a contract is not confirmed by the Supplier, as outlined in paragraph 4, or the Client rejects the additional expenditure and thus the execution of the order, or the Client withdraws the offer before the Supplier has begun or the Supplier refuses to execute the order, the Supplier will refund the amount paid by the Client by the same payment method as chosen by the Client for the original payment.
4. The contract is only concluded when the Supplier sends the Client a declaration of acceptance in a separate email (order confirmation email). In this email, or in a separate email, the text of the contract (consisting of the order itself, the Terms and Conditions and the order confirmation) will be sent to the Client in text form (e.g. email, fax or letter). This email confirms the contract. The text of the contract will be protected in compliance with the Data Protection Act. The Client has the opportunity to print out a copy of the Terms and Conditions, as well as the order with all the accompanying files, during the order process. As long as the Client has created an online account he/she can check the order and the Terms and Conditions free of charge at any time.
The contract for orders placed on the Supplier’s website is concluded by:
12527, Berlin, Germany
Telephone: +49 (0)30-3643632-0
Fax: +49 (0)30-3643632-29
German VAT number (USt.Id): DE 254414027
The contractual language is English
1. After the contract has been confirmed, the payment has been received in full and the Client has sent the Supplier all the necessary files, the Supplier will undertake to provide the service that has been commissioned. If a 3D visualisation has been selected by the Client a 3D visualisation will be the service that’s provided. The Client has different options and services to choose from.
2. Unless otherwise agreed with the Client, the product will be sent to the email address provided by the Client in the following formats via a downloadable link:
1. a. a 2D-Bild in FullHD (1920 × 1080 Pixels), 72dpi, RGB, JPEG compression 8.
b. Videos will be produced in FullHD: video format .mpg, .mpeg, .mp4., .mov., .avi. or WMV.
c. 360 degree views will be produced with single pictures, GIF or video format (see paragraph above).
3D applications, raw data and / or 3D models are not released to the Client and are not part of the service provided (see Clause 5, paragraph 7).
1. The Supplier will store the product for at least 30 days, during which time the Client must download the Supplier’s product. A longer period of storage time will only be guaranteed after individual agreement. After the storage period expires, the Supplier will send a reminder and a further 30 days extended storage period will be granted. The product will be deleted after 30 days, provided that the reminder regarding the deletion of the product after the deadline expires has been sent. The Client’s right to remuneration remains unaffected upon deletion of the product.
2. The Supplier is free to use 3rd parties in order to provide services.
3. Delivery times specified by the supplier are calculated from the date that the contract is confirmed. Insofar as no deviating delivery time has been specified for the chosen service, or a different agreement has been made with the Client, the delivery time is 30 working days (Saturdays, Sundays and public holidays excluded), as long as the Client‘s obligation to cooperate has been fulfilled.
4. The Supplier bears no responsibility for delivery delays and cost increases caused by the breach of the Client’s obligation to cooperate, in particular due to incorrect, incomplete or subsequently changed information and / or files. The Client shall bear the additional costs.
5. The Client will submit files, on the basis of which the product (in particular a 3D visualisation) is to be created upon. The Supplier will create the product with only the features that are clearly visible on the transmitted files, unless otherwise agreed with the customer. Upon receipt of the product and prior to the use of the product in accordance with Clause 3, paragraph 8, the Client must check whether all the necessary features and / or functionalities contained in the files that he/she transmitted are visible in the product. If the Client is a consumer, the Client is merely requested to check the product and communicate as described above; if the consumer does not comply, this has no effect on their legal or contractual liability for defects.
6. If the product is flawed or if the Client believes there is a need to change it, he/she must notify the Supplier within 7 working days of receipt of the product. If the Client is a consumer, the Client is merely requested to check the product and communicate as described above; if the consumer does not comply, this has no effect on their legal or contractual liability for defects.
7. If the Client informs the Supplier that he/she is not satisfied with the product, the Supplier will make corrections according to the Clients specifications. 2 corrections are included and if this number is exceeded, the Client can either opt to have a refund or a subsequent order will be agreed at the Client’s expense. Different versions of the product are not included in the scope of the service and must be ordered separately. The statutory warranty rights remain unaffected.
1. A prerequisite for the Supplier’s service, particularly for a 3D visualisation, is the Client sending the object(s) that have to be represented in 3D as files via the Supplier’s website. A maximum of 10 files should be provided by the Client, each of which may not be bigger than 10MB. They must be sent in one or more of the following file formats: JPEG, .GIF, .PNG, .EPS, .BMP, .TIFF or.PSD. If the files are sent via DVD, the Client’s FTP server, email, USB stick, a mobile hard drive, the Supplier may charge additional costs for transferring the files to the Client’s account. These costs will be discussed with the Client beforehand. The Supplier reserves the right to reject individual files that do not meet the quality standards that are required to provide the service. The Supplier will inform the Client in such cases.
2. All files and other information provided by the Client for the creation of the product shall be provided in a legible and compatible digital form, before the Supplier begins work. These files are a binding apart of the contract. The Supplier will not be held responsible if the created work is incorrect and / or incomplete due to gaps or incomplete information. If the Client desires a special or specific background and / or other elements (e.g. elaborate furniture, certain people, etc.) or if certain aspects of the 3D visualisation of the object should be given special attention, the Client should request this during the ordering process and specify the request in more detail. The Client should send the relevant files to support the request.
3. The Client transfers the Supplier the right of use and the right to edit for the respective commissioned services, in particular for 3D visualisations, as well as the rights that the Supplier requires for the use of the finished product for reference and advertising purposes (see Clause 5, paragraph 6).
4. The Client guarantees the Supplier copyright, trademark, design and personal rights, as well as other required rights, which are relevant to the respective commissioned services, in particular for 3D visualisations, as well as rights to use the finished product for reference and promotional purposes.
5. The Client assures that the contractual service from the Supplier and the use of the finished product for reference and advertising purposes do not violate the rights of any third parties involved. In this respect the customer indemnifies the Supplier, his legal representatives and his employees at the first request from all third party claims and undertakes to compensate them for any damage that may be caused relating to the rights of a third party. This includes legal defence costs (lawyer and court fees).
6. The Client may not grant others access to his account or sell or transfer the account to another person. It is not permitted to use false or misleading information when creating the account.
1. The Supplier offers a Standard Licence (Clause 5, paragraph 3) or an Exclusive Licence (Clause 5, paragraph 4). In contrast to the Standard Licence, if an exclusive licence is provided, the Supplier will not use the so-called scene of the product (e.g. 3D visualisation without visualisation of the Client’s visualised object, especially the background of the 3D visualisation) for other orders and/or clients.
2. The right of use granted by the Supplier applies conditionally in the event that payment of the agreed remuneration is made in full. The proper naming of the author according to Clause 5, paragraph 8 is only after the acceptance of the product. If remuneration is refunded (e.g. the Client withdraws from the contract) the Client transfers all rights already granted under these Terms and Conditions back to the Supplier. There is no need for a separate declaration from the Client, the Supplier accepts the transfer of rights by agreeing to these Terms and Conditions.
3. Standard Licence
a. The Standard Licence grants the Client a simple, non-transferable, time and place unlimited licence to use the product created by the Supplier for the purposes specified below.
b. Types of usage
The following types of usage are transferred to the Client for their own editorial or commercial use:
the right to reproduce and distribute the product within the scope of the mentioned types of usage, the product can be reproduced and distributed on other media than the original storage medium.
the retrieval and online right, i.e. the right to provide the product by means of analog, digital or other storage or remote data transmission technology, with or without caching, wirelessly or by cable.
the right to print, i.e. the right to use the product under the licence mentioned above for the production, reproduction and distribution of illustrated or non-illustrated books, booklets, catalogues and other printed matter.
the right to videogram, i.e. the right to evaluate the product by reproduction and distribution on analog and digital image / sound / storage medium of any kind. The videogram rights include storage media (sound storage media / picture storage media) of all kinds (CD, DVD, etc.)
the right to advertise, i.e. the right to use the product for advertising purposes, e.g. in publications (advertisements, posters, etc.), on the internet (for example pop-up windows, banners, etc.), although these forms of advertising are not conclusive.
the right to broadcast, i.e. the right to use the product as often as possible in all technical procedures (e.g. analogue, digital, high definition, incl. DVB-T, -C, -S and –H) in the context of the above mentioned types of licence by means of radio broadcasts, television broadcasts, radio, Hertzian waves, lasers, microwaves, etc. or similar technical facilities to make the product available to the public, regardless of whether the broadcast is by terrestrial radio equipment, cable television (also where possible via the telephone network) including cable retransmission, satellites including direct satellites (DBS) , other data or telephone lines or networks such as ISDN, DSL, GSM, UMTS, radio relay, power lines etc.. other technical facilities or by means of a combination of transmission methods.
the limited right to edit, i.e. the right to edit the product using analogue, digital or the following other image editing methods: changing the size of the image (enlargement, reduction, trimming), changing the colour, inserting it into other products, changing the contrast and brightness values. The Supplier reserves the right to make other changes.
c. All other rights relating to the product, including all copyright and ancillary copyright and other intellectual property rights relating to the product, remain with the author and in particular, the right to retransmit, sub licence and / or transfer is not granted. It is therefore expressly prohibited to commercially exploit the product provided by the Supplier or parts thereof (e.g. by sale, rental, licensing or other distribution of the product). It’s also prohibited to offer and distribute all other kinds of goods which represent the product (e.g. posters, postcards, garments, pamphlets including comics and phonograms, headgear, mouse pads, badges etc.
4. Exclusive Licence
a. Under the Exclusive Licence, the Supplier grants the Client an exclusive, non-transferrable, time and place unlimited licence to use the product created by the Supplier within the scope of the order for the permitted own uses listed in the Standard Licence.
b. The same restrictions that apply to the transfer of rights with the Standard Licence apply to the Exclusive Licence. Most notably the right to retransmit and commercially exploit the product is not granted (Clause 5, paragraph 3a, c).
1. The misuse of the product is prohibited at all times. The explicit benefits granted above are exceptions. The Client is specifically prohibited from the following:
a. The use, reproduction, distribution, performance, modification or display of the product (alone or in combination with other products) in a slanderous or defamatory manner or manners otherwise harmful to reputation, offensive, immoral or prohibited;
b. The removal of copyright or proprietary notices or other information that appears in or is embedded in the product in its original downloaded form;
c. The incorporation of the product in a logo or a trademark;
d. Matters that are related to the product that violate applicable law, in particular those that infringe the intellectual property or other rights of a natural or legal person;
e. Matters related to the product that could lead to the reasonable assumption that the Supplier supports political, economic or other opinion-based movements or parties;
f. The use of the product in a manner that would insult the person presented in the picture, the product and / or the Supplier and put them in a bad light, in particular;
Pornographic use of the products;
Use of the product for terroristic or violent content;
Advertising for strip clubs or similar businesses, including escorts or similar services;
Supporting political candidates or parties;
Defamatory use or otherwise unlawful, offensive or immoral content.
2. The Supplier reserves the right, both for the Standard Licence and the Exclusive Licence, to use the product for reference and advertising purposes or transfer the product to a third party for such purposes. The Client grants the Supplier free, comprehensive and unrestricted rights to use all data on which with product is to be based on, as far as the data is necessary for the use and publication of the product by the Supplier for reference or adverting purposes.
3. The Supplier reserves all rights, ownership rights and investments in the product and its data, in particular the 3D visualisations, with the exception of the rights granted under the licences mentioned in this Clause. The rights granted by the Supplier under this contract relate only to the final product as accepted by the Client, which the Supplier has made available to the Client via a downloadable link. All documents, electronic data and files produced or used by the Supplier during the commissioning process remain the property of the Supplier (in particular all raw data, sketches, drafts, production data, 3D data, textures, 3D applications) with both the Standard Licence and the Exclusive Licence. In this respect, no rights are granted.
4. In both the Standard and Exclusive Licence, the Supplier is to be named in the legal notice of the Client’s website as follow:
1. The Supplier remains entitled but not obligated to take suitable legal action to defend against claims from third parties and / or in the case of any unauthorized use of the Supplier’s product by third parties. This applies to both Standard and Exclusive Licences. Insofar as the Client requires rights to be granted, the Client grants these to the Supplier.
2. The Supplier’s work is protected under copyright law as personal, intellectual creations, images and / or designs. Insofar as the necessary requirements for protection are not met, the regulations of the relevant protective laws shall be deemed to have been contractually agreed.
1. Unless otherwise stated in the Supplier’s product description, the prices indicated are net prices, which are exclusive of statutory value-added tax. If applicable, any additional delivery and dispatch costs are specified separately in the respective product description. The Supplier can offer major clients special conditions which deviate from the normal prices. These conditions are to be agreed in writing.
2. There are various payment options available to the Client, which are specified on the Supplier’s website.
4. The payment for the services is due immediately after the automated receipt of acknowledgement email, unless otherwise agreed with the Client. . If the due date of the payment is determined according to the calendar, the Client falls in to arrears by missing the due date, at the earliest 14 days after the conclusion of the contract. In such cases the Client hast to pay the Supplier default interest of 15% above the basic interest rate. If the Client is not a consumer, he/she must pay the Supplier default interest of 9% above the basic interest rate plus a lump sum of £40. The Client’s obligation to pay default interest does not exclude the Supplier’s right to claim for further damages.
1. The Supplier is liable for material and legal defects according to the relevant legal regulations.
2. By way of derogation, the following applies to traders:
the warranty period is 12 months;
an insignificant defect fundamentally does not justify a claim for defects;
the Supplier has the choice of the type of supplementary performance;
the statute of limitations does not begin again if a replacement product is provided within the scope of liability for defects.
Statutory limitation periods for the right of recourse remain unaffected for traders.
1. The aforementioned limitations of liability and limitation periods do not apply:
1. to goods that have been used for a building structure in accordance with their usual manner of use and that cause a defect to occur,
2. to damages that lead to loss of life or personal injury, resulting from an intentional or negligent breach of duty on the Supplier’s behalf or a negligent breach of duty by a legal representative or vicarious agents,
3. to other damages that are based on an intentional or grossly negligent breach of duty on the part of the Supplier on an intentional or grossly negligent breach of duty by a legal representative or a vicarious agent,
4. in the event that the Supplier has fraudulently concealed the defect.
An additional guarantee exists for the services provided by the Supplier only if this was explicitly stated in the order confirmation for the respective order or in the framework contract.
The Supplier is liable to the Client for all contractual, statutory and tort claims for damages and reimbursement of expenses as follows:
1. the Supplier is fully liable for any legal reason
2. in case of intent or gross negligence,
3. in case of intentional or negligent injury to life, body or health,
4. on the basis of a guarantee, unless otherwise stipulated,
5. due to mandatory liability under the German Product Liability Act (Produkthaftungsgesetz).
6. If the Supplier negligently breaches an essential contractual obligation, the liability is limited to the damage typical to the contract, foreseeable damage, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the Supplier according to the content of the contract for the purpose of achieving the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the Client can regularly rely.
7. The liability of the Supplier is incidentally excluded.
8. The above liability regulations also apply with regard to the Supplier’s liability for vicarious agents and legal representatives.
a. Consumers are entitled to the right to cancel.
b. Further information regarding the right to cancel can be found in the Supplier’s cancellation policy.
c. The right to cancel does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
1. Digital content created by the Supplier, in particular a 3D visualisation
- can be used and applied as follows: playback by software commonly found on the market that can play the designated image, audio and video file formats.
- has limitations in terms of interoperability and compatibility with the following hardware and software: operating system Windows XP or Quad Core CPU and up; at least 2GB of EAM; AMD graphics chip ATI Radeon HD 2400 Pro or better; free hard drive space at least 100MB.
- has no technological protective measures.
a. The laws of the Federal Republic of Germany apply to contracts between the Supplier and the Client, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence. Furthermore, with regard to the statutory right to cancel, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
b. If the Client is a merchant, a legal entity under public law, or a special fund under public law, domiciled in the territory of the Federal Republic of Germany, Berlin shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Client and the Supplier. If the Client is located outside the territory of the Federal Republic of Germany, Berlin is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims relating to the contract can be attributed to the occupational or commercial activity of the Client. However, in the above cases, the Supplier is entitled to call upon the appropriate court at the Client’s place of business.
a. In the course of processing a contractual agreement the Supplier collects data from the Client. He pays particular attention to the regulations of the German Federal Data Protection Act and the German Telemedia Act. Unless the Client gives prior consent, the Supplier will only collect, process or use the Client’s inventory and usage data insofar as this is necessary for the initiation and processing of the contractual relationship and for the use and billing of telemedia.
b. The Supplier uses the Client’s email address for his/her own advertising purposes, if the Client has given the Supplier explicit consent for this purpose. The Client will receive the Supplier’s newsletter by email. The Client’s consent to the use of his/her email address for future advertising purposes may be revoked by the Client at any time.
1. The EU Commission provides a platform for online dispute resolution via the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts that involve a consumer.
2. The Supplier is neither obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board