Terms & Conditions

1. General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of our services on our website.
1. deviating, contradictory or supplementary terms and conditions of a user shall only become part of the contract if and insofar as 4eh ave expressly agreed to their validity.

2. user account, identity check

1. For the use of our chargeable services a registration as user is necessary. A user can register by creating a user account. The creation of a user account is free of charge.
2. the data requested by us when creating the user account must be provided by the user completely and truthfully. The user is obligated to update the data provided by him without delay in the event of changes.
3. The creation of a user account and its use is only permitted for companies and natural persons with unlimited legal capacity and a minimum age of 18 years. We reserve the right to make the consent to the creation of a user account dependent on the submission of suitable evidence.
4. In the event of any doubt as to the identity of the user, we are entitled to demand suitable proof of identity from a user at any time for the personal details provided by a user for the purpose of establishing identity and to demand that such proof be provided. We expressly prohibit the presentation of proof of identity of third parties.
5. The creation of a user account for third parties is not permitted.
6. We reserve the right to delete incompletely created user accounts or user accounts that have not been used for a longer period of time, after prior notification, if the user account is not completed or used again afterwards. In the event of deletion, services provided by us will be reversed in accordance with the statutory provisions.

3. acquisition and use of personalised videos, third party rights, copyright

1. users can order personalised videos offered via the website
2. for the personalisation of the videos we work together with Impossible Software GmbH in accordance with the applicable legal regulations, the Impossible Software Additional Terms for Data Processing and the GTC of Impossible Software GmbH. The details result from the privacy policy.
3. the completed videos are made available to the user via download link. Users also have the possibility to play the videos free of charge on a page provided by the company (live streaming). The videos can be downloaded and accessed until 30.01. of the following year.
4. users must ensure that they are allowed to use and pass on the personal information provided by them, which is necessary for the production of a video, in accordance with the legal provisions.
5. the videos are protected in accordance with the applicable copyright law. It is therefore prohibited in particular to commercially exploit the videos without our consent.

4. fees and terms of payment

1. users are only allowed to make payments using their own bank accounts and payment methods. The use of other payment methods is only permitted in the case of an effective authorisation. We do not check whether such an effective authorisation exists.
2. we are entitled to cancel orders if there is evidence of misuse of the account, the provision of incorrect or incomplete data or criminal activities. Users have the right to dispel the suspicion. In this case we will carry out the order immediately against the agreed price.

5. blocking and cancellation

1. if users violate legal regulations, the rights of third parties or our general terms and conditions, we reserve the right to warn users. In case of repeated or serious violations we are entitled to block the user temporarily or permanently. When choosing the means of suspension, the legitimate interests of the user, the type of violation and the degree of fault must be taken into account in particular.
2. We are entitled to delete user accounts after prior notice with a period of 14 days to the end of the month. Users can have their user account deleted at any time. The request for deletion will be processed by us within 10 working days.
3. Already concluded contracts remain unaffected by a blockage, deletion or termination and are processed according to the legal regulations.

6. data collection and use

We collect and process the data provided by users in accordance with the applicable legal provisions. The details can be found in the data protection declaration.

7. limitation of liability

Our non-contractual liability and liability for breach of duty is limited to intent and gross negligence. This does not apply to damages resulting from injury to life, body or health of the user, which are based on a negligent violation of the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user, as well as for claims due to the violation of essential contractual obligations. Essential contractual obligations are those which make the proper fulfilment of the contract possible in the first place and whose violation endangers the achievement of the purpose of the contract. In this respect we are liable for any degree of fault.
Any further liability for damages of any kind is excluded.

8. release

In accordance with the statutory provisions, the user shall indemnify us against all claims asserted against us by third parties due to an infringement of their rights. The indemnification also includes the costs of the necessary legal defence in the statutory amount. Upon our request, the user shall be obliged to provide us immediately with all information truthfully that is necessary for an examination of the claims and their defence.

9. revocation instruction

For users who conclude a contract with us as consumers, the following applies
Right of withdrawal
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Amilla Marketing GmbH, Hamburger Straße 210, 38112 Braunschweig, [email protected]) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Sample Withdrawal Form
(Please use this form if you wish to cancel the contract)
—
To
Amilla Marketing GmbH
Hamburger Strasse 210
38112 Braunschweig
I hereby revoke the contract I have concluded for the provision of the following service
Ordered on
Name of the consumer
Address of the consumer
Consumer’s signature (only for paper-based notifications)
Date
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10. final provisions

1. we reserve the right to change our general terms and conditions. We will notify the user of an intended change in text form with a prior notice period of two weeks until the new GTC come into effect. The user’s consent to the new GTC shall be deemed to have been given if the user does not notify us in writing of his rejection of the amendment to the GTC by the time the amendment takes effect and we have specifically pointed out the intended significance of his conduct to him at the beginning of the declaration period.
2. The contract existing between us and the user as well as these GTC are subject to German law under exclusion of the UN Convention on Contracts for the International Sale of Goods, unless the user is resident in the EU and special consumer protection regulations in the user’s home country are more favourable.
3. In the event of deviations, the German text takes precedence over all foreign language versions of our AGB.