General terms and conditions
General terms and conditions (GTC)
§ 1 Scope
1. Group D.M.T Co., LTD. 1091/ 153-154 S.Group Building 4th Floor, Unit No.4, New Petchburi, Makkasan, Rajthevee, Bangkok, 10400 Thailand (hereinafter referred to as Digital Media Technology "DMT") offers the provision of digital image processing services on the Internet at the address www.digital-media-tech.com. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply in their version valid at the time of the order for all contracts concluded by a Customer (hereinafter referred to as "Customer") with DMT with regard to the services offered by DMT. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply in the version valid at the time of the order to all contracts concluded by a customer (hereinafter referred to as "Customer") with DMT with regard to the services offered by DMT. 2.
2. These General Terms and Conditions shall be an integral part of every contract concluded unless otherwise agreed in detail, and may be called up, printed out and downloaded, or saved at any time under the link "General Terms and Conditions".
Deviating terms and conditions of business of the Customer as well as amendments and supplements to these GTC shall only be valid if they have been accepted by DMT in writing. This shall also apply if the terms and conditions of business and/or delivery of the Customer have not been expressly objected to.
§ 2 Contractors
Unless expressly stated otherwise, contracts of the Client shall be concluded with DMT within the scope of these GTC.
§ 3 Registration
1. prerequisite for an order is the prior registration of the client on the website www.digital-media-tech.com. For this purpose, the Client shall provide its contact information, e-mail address, user name and password. DMT shall confirm the receipt of the data submitted with the registration by e-mail to the e-mail address provided by the Customer and shall provide the Customer with a confirmation link. After the activation the Customer can use his account.
2. registration is only allowed for legal entities and natural persons with unlimited legal capacity. The person performing the registration for a legal entity must be authorized to conclude corresponding contracts.
3. The Customer undertakes to provide truthful and complete information on all data provided by him during registration. Furthermore, he assures DMT that he will notify DMT immediately of any changes in his user data. Multiple registrations are strictly prohibited. The registration is not transferable.
The access data, consisting of the user name and the password, must be kept secret and protected from access by third parties.
§ 4 Conclusion of contract
1. the client can submit an offer via the online order form integrated on the website. For this purpose, the Client can place an order for image processing after having registered on the Website and upload the relevant files for this purpose. The Client assures that he has checked the files transferred to the server of DMT with an up-to-date virus scanner and that they are free of malware according to the respective state of the art. The Customer makes a legally binding offer by clicking on the button "Send order". However, this offer can only be submitted and transmitted if the Customer has previously accepted these contractual terms and conditions.
DMT shall then send the Customer an e-mail in which the key data of the Customer's order are listed again. By this declaration of acceptance the contract is concluded. DMT is entitled to refuse the acceptance of the order without giving any reasons.
After the order has been executed, DMT will inform the Client about it by e-mail.
§ 5 Delivery, shipping
1. the delivery of the order shall be carried out according to the provisions set out on the website, unless otherwise agreed between the Customer and DMT. All shipments, including any returns, shall be borne by the Customer. Excluded are returns due to a defect of the goods or wrong deliveries. DMT is entitled to make partial deliveries. 2.
2. Unless otherwise agreed, the delivery dates or (standard) delivery times stated by DMT are in principle to be regarded as non-binding and correspond to the respective planning status. Fixed dates for the performance of services are only binding if DMT confirms them in writing at the time of conclusion of the contract as a fixed date, firm date or binding date.
§ 6 Complaints, liability for defects
1. If the customer is an entrepreneur, he shall in any case check the contractual conformity of the delivered order and of any preliminary and intermediate products sent for correction. The risk of any errors shall then pass to the customer upon approval for printing or production, unless these are errors which only occurred or could only be detected in the production process following approval. The same applies to all other release declarations by the customer. Obvious defects are to be reported in writing immediately, at the latest within 2 days. Hidden defects that cannot be found after immediate inspection must be reported in writing within 2 days of discovery. If the client fails to notify the supplier in such cases, the delivery shall be deemed to have been accepted also in view of these defects.
2. if the client is a consumer, he must give notice of obvious defects within 3 days after delivery. In the case of defects that are not obvious, the client, if he is a consumer, shall give notice of such defects within 3 days after discovery.
3. in case of defectiveness DMT shall provide subsequent performance. The supplementary performance shall be provided - if the Customer is a businessman - by subsequent delivery or repair, which shall be at DMT's discretion. If the Customer is a consumer, he shall have the choice between subsequent delivery or subsequent improvement. DMT shall be entitled to refuse one or the other type of subsequent performance or to refuse subsequent performance altogether if it is only possible at disproportionate cost. The rights of the Customer to withdraw from the contract and to reduce the purchase price shall remain unaffected by this in any case; this shall also apply if the supplementary performance has failed.
4. all documents handed over to DMT shall be treated with care. Liability in the event of damage or loss shall be limited to the value of the material, unless DMT has acted with intent or gross negligence.
5. The Client shall only be entitled to claims for damages due to defects insofar as liability is not excluded or limited in accordance with Section 12 of these Terms and Conditions. Claims for liability for defects on the part of the Customer shall become statute-barred one month after delivery of the order, unless the defect was fraudulently concealed or relates to a guarantee for the quality of the item.
§ 7 Copyrights, indemnification of DMT
1. The Client warrants that it holds all copyrights, rights of use under copyright law and ancillary copyrights to the images used by DMT. The Client assures that he is furthermore the unrestricted owner of the editing, alteration and redesign rights to all images which he sends to DMT and ensures that the edited, altered and/or redesigned images do not violate copyright regulations and/or personal rights of any kind. The Client further assures that no trademark, utility model, design patent or other rights of third parties are infringed by the proper processing of the order. All consequences arising from any infringement of the aforementioned rights shall be borne solely by the Client. By placing the order the Customer assures that the contents of the transmitted image files do not violate any criminal laws in other respects.
2. In the event that claims are asserted against DMT by third parties due to an infringement of the aforementioned rights, the Client shall indemnify DMT in full against any claims asserted by third parties, including claims for damages. The Client shall bear all reasonable costs incurred by DMT due to an infringement of third party rights, including the reasonable costs incurred for legal defense. All further rights as well as claims for damages of DMT remain unaffected.
§ 8 Liability
1. If claims for damages against DMT and its vicarious agents presuppose slight and average negligence, irrespective of the legal grounds, they shall only exist if an essential contractual obligation has been breached. An essential contractual obligation is an obligation which the Client could reasonably expect to be fulfilled and the fulfilment of which is a prerequisite for the proper execution of the contract. In this case, claims for damages shall be limited to the amount of the typical foreseeable damage. Liability for simple negligence is excluded except in the cases mentioned below.
2. Claims for bodily injury and for property damage under the Product Liability Act shall remain unaffected. In addition, in the event of the assumption of express guarantees by DMT as well as in the event of claims due to the lack of warranted characteristics, the aforementioned exclusions and limitations of liability shall not apply.
§ 9 Subject to change
DMT reserves the right to change these GTC at any time without giving reasons. DMT shall notify the Client in good time of any changes to the General Terms and Conditions. If the Client does not object to the validity of the new General Terms and Conditions within six weeks of such notification, the amended General Terms and Conditions shall be deemed to have been accepted by the Client. The objection must be made in text form. With the notification of the Client, DMT will inform the Client of his right to object and of the significance of the objection period.
§ 10 Final provisions
1. amendments and supplements must be made in writing; this also applies to the cancellation of the written form. Verbal agreements are only effective if they are confirmed in writing. This provision may not be terminated orally.
2. The possible invalidity of one or more provisions shall not affect the validity of the remaining provisions. In the event of the invalidity of individual provisions, the parties agree that they will be replaced by a provision that comes closest to the intended purpose in economic terms.
3. Thai law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction, insofar as this can be effectively agreed, is the registered office of DMT, Bangkok Thailand.