§ 1 Incorporation of the General Terms and Conditions Please read the following General Terms and Conditions carefully, as they apply to all your contractual relationships with weddies, a product of weddies family GmbH (hereinafter referred to as “weddies”). By registering on the weddies website, uploading media files, or by clicking the field “We have taken note of the Terms and Conditions and Terms of Use, as well as the price and service list and the privacy policy, and we agree to their applicability” during the ordering process, you declare that you accept the following General Terms and Conditions and the Privacy Policy, which can be viewed on this website, of weddies.

§ 2 Services, Conclusion of Contract, Order Execution

1. On the websites it operates (www.weddies.de/at/ch/net) and mobile applications, weddies offers couples, their guests, and photographers the opportunity to upload and store any media files in so-called digital wedding albums and, optionally, make them accessible via the internet to a specific group of people. In addition, weddies offers customers the option to produce prints of media files and/or save the media files digitally on a storage medium of their choice.
2. Using the weddies service requires the customer to register their data. The information provided by customers must be complete and truthful. During registration, the customer must set a personal password. Access to all data of the customer stored at weddies is only possible with this password.
3. The contract is concluded when the order (“offer”) placed by the purchaser via the internet is confirmed by weddies by email (“acceptance”).
4. The contract language is German. Translations into other languages are provided for information purposes only. In the event of any discrepancies, the German text shall prevail.
5. For the creation of photo prints, weddies commissions an external service provider, who also handles delivery of the order directly to the customer.

§ 3 Scope of Service / Prices / Term

1. The current offerings, prices in effect today, and shipping costs can be found on the weddies website at www.weddies.net/#pricing. Subject to special promotions and individual agreements. All prices listed there are final prices including VAT.
2. weddies reserves the right to change the scope of services at any time and to suspend them temporarily or permanently.
3. weddies reserves the right to delete stored media files 14 days after the end of the term and after prior notice.

§ 4 Shipping / Delivery Time

Shipping is carried out by weddies and/or the service provider commissioned by weddies within Germany. Photo prints are sent by the service provider within 7 days after receipt of the order. Storage media are shipped by weddies within 7 days after receipt of the order.

§ 5 Payment Terms / Retention of Title

1. Customer registration as a user of the weddies service is free of charge. Digital processing of image files and other services provided by weddies are subject to charges. Shipping costs are levied for deliveries.
2. Payment may be made by invoice, credit card, or PayPal. weddies reserves the right to exclude certain payment methods in individual cases. The invoice amount is due for payment without deduction within 14 days after receipt of the delivery and invoice. The purchaser will be in default upon reminder or, otherwise, automatically upon the expiry of 30 days after receipt of the invoice, which entitles weddies to assert default interest and damages pursuant to § 288 BGB. In the event of default, weddies reserves the right to block access to the online album until payment has been received in full. If the purchaser has not yet paid for previous orders, weddies also reserves the right to withhold shipment of the processed order until payment is received or to deliver only against payment via PayPal.
3. To the extent legally and factually possible, the delivered products remain the property of weddies until paid for in full.

§ 6 Grant of Usage Rights

The customer retains all rights to all data transmitted to weddies or to persons authorized by it. In order to fulfill the customer’s order, the customer grants weddies, for the duration of processing until proper completion of the order, the right to use the media data provided to weddies for the services to be performed. This right of use includes, in particular, storage, reproduction, and processing of the media data.

§7 Software

All content of the website, programs installed on the website, as well as programs provided by weddies for download are the property of weddies or its suppliers and are protected by copyright. The customer may only download software necessary to place the order and use it solely to process the order. For this purpose, weddies or its suppliers grant the customer a non-exclusive license for the duration of their business relationship. Any further non-commercial or commercial use is not permitted.

§8 Warranty / Liability

1. In the event of material defects, weddies is liable in accordance with the statutory provisions governing purchase agreements pursuant to §§ 433 et seq. BGB, unless otherwise specified below.
2. No special quality of the goods to be delivered is agreed. The goods supplied are deemed defective if they do not comply with the technical standards of digital photo development and editing. Color differences between the images and the original shots cannot be technically avoided and therefore do not constitute defects. Likewise, there is no defect if a loss of quality is caused by the characteristics of the customer’s original files (e.g., “insufficient resolution”). weddies assumes no guarantee of condition or durability.
3. The customer must report obvious defects—those noticeable without special attention—in writing immediately upon delivery, but no later than two weeks after receipt, specifying the defect. However, a later assertion of obvious defects by a consumer does not result in a loss of warranty rights.
4. If an entrepreneur places an order in the course of their professional activity, the entrepreneur is obliged to inspect the goods immediately upon receipt and to report recognizable defects within one week. If the entrepreneur fails to notify, the goods are deemed approved. The same applies to defects that occur later.
5. weddies has the right to subsequent performance (remedy). However, the customer remains entitled to reduce the price or withdraw from the contract if subsequent performance fails. In the event of withdrawal, the customer is obliged to return the goods in full.
6. Where the delivered goods are defective, subsequent performance shall be carried out by replacement delivery. weddies has a total of two attempts at subsequent performance. If these are unsuccessful or if weddies does not carry out subsequent performance despite a reasonable deadline set by the customer, subsequent performance shall be deemed to have failed and the customer shall have the statutory rights set out in item 5.
7. weddies excludes liability for slightly negligent breaches of duty, unless they relate to damages arising from injury to life, body, or health, or involve claims under the Product Liability Act. Liability for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables proper performance of the contract and on whose compliance the customer regularly relies, remains unaffected. The same applies to breaches by vicarious agents.
8. The amount of the claim for damages is limited to the typical, foreseeable damage under the contract.

§9 Copyrights / Unauthorized Use

1. The customer is solely responsible for the content of the transmitted media files. The customer assures weddies that proper processing of the order will not infringe any copyrights, trademarks, or other third-party rights, in particular the rights of persons or objects depicted in the media files. If third parties assert against weddies an infringement of their rights in images/image files or a violation of their personal rights, the uploader of the relevant media files undertakes, upon first written request at the latest, to indemnify weddies against all claims made against weddies by third parties and to compensate weddies for all damages resulting from the infringement, including necessary legal defense costs.
2. weddies places the highest value on compliance with the protection of minors and respect for personal rights. The customer is therefore not permitted to upload media files that contain criminal, unlawful, or immoral content, in particular pornographic, inflammatory, or extremist content. If weddies becomes aware of violations of this assurance, weddies may remove such files without prior notice and, in cases of urgent suspicion or clearly criminal acts, will immediately notify law enforcement authorities.

§10 Right of Withdrawal

Cancellation policy for non-personalized goods

You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g., letter, fax, email) or—if the goods are handed over to you before the deadline—also by returning the goods. The period begins after receipt of this instruction in text form, but not before the goods have been received by the recipient (in the case of recurring delivery of goods of the same type, not before receipt of the first partial delivery), and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312 g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.

The revocation must be sent to:

Address: weddies family GmbH Zum Schoren 4a 78234 Engen Germany

Telefon: +49 7733 9819 606 E-Mail: info@weddies.de

Cancellation policy – for personalized goods

For prints of images as well as products that are manufactured according to customer specifications during the ordering process by using images or other graphic depictions, or that are clearly tailored to personal needs, there is no right of withdrawal. The right of withdrawal is excluded to this extent pursuant to § 312 d (4) no. 1 BGB.

– End of the cancellation policy –

Statutory warranty rights are not affected by the exclusion of the right of withdrawal.

§11 Data Confidentiality

weddies collects and processes data in compliance with the applicable German data protection regulations, in particular the BDSG. Customer data is used exclusively to process the customer’s order and to improve weddies’ offerings and services. weddies will treat customers’ data confidentially and will not disclose it to third parties unless it is necessary, as part of order processing, to have the data processed, possibly by third parties, in Germany or abroad, who will be contractually obliged to handle the data confidentially. Customers’ media data as well as data relating to other photo products are stored by weddies for the production of photos and other photo products and are automatically deleted after completion of the order and expiry of the package term, subject to any statutory retention periods.
You can find our Privacy Policy here.

§12 Final Provisions

1. weddies reserves the right to amend these Terms and Conditions if there is an objective reason for the amendment, such as changes in legislation, case law, or economic conditions. weddies will inform the customer in due time about a planned amendment to the Terms and Conditions. After being informed, the customer has a 14-day right of withdrawal.
2. If, at the time legal proceedings are initiated, the customer has no residence or habitual place of abode in Germany, or if the customer is an entrepreneur acting in the course of their commercial activity, Engen shall be agreed as the place of jurisdiction.
3. If one or more of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties will endeavor to replace the invalid provisions with regulations that come closest to the intended purpose. The same applies in the event of a regulatory gap.

Language Disclaimer

This document is a translated version of the original German privacy policy (“Datenschutzerklärung”) of weddies family GmbH. It is provided solely for informational purposes to assist international users. In case of any discrepancies or legal disputes, the German version shall prevail and is legally binding.

Last updated: 12.04.2023