1 Contract Party
Your contract party is Albums Remembered, Inc., Naperville, IL 60564 (hereafter Albums Remembered).
1. The business relationship between Albums Remembered and the customer is exclusively governed by the following standard terms & conditions, in the version as published on the Internet under www.albumsremembered.com at the time the order is submitted.
2. Albums Remembered may use third party sub-contractors (hereafter Sub-Contractors) to complete your order in whole or in part. Your personal data and photos are only transmitted to a Sub-Contractor to the extent it is necessary to process and complete your order.
4. Please see the product specifications as published on our Internet website for details regarding the specifications of the goods offered by us as well as for time limits, if any, for promotional offers.
3 Conclusion of Contract
The customer places an order with Albums Remembered for the production of a printed hardcopy album based on digital photos submitted in the form of electronic files via the Internet. Albums Remembered will promptly confirm the receipt of the order by E-mail . At the time the contract is concluded, we commit ourselves to produce and ship the photos and/or photo albums in accordance with our order confirmation to the address indicated by you.
4 Prices, Shipping Costs
Delivery of the goods is made based on the prices published thru our website at www.albumsremembered.com at the time when the order is placed. The price consists of the $150 non-refundable fee, album order value, the shipping costs and all other price components. Please see our website for current prices.
5 100% Satisfaction Guarantee
1. We are confident you will be satisfied with your album. However, if you are not satisfied with your album you have a time period of 10 business days in which to withdraw from the contract in text form (e.g., post dated letter or E-mail).
2. The customer will be refunded the full amount minus $150.00 deposit and costs of initial shipping charges and taxes that were incurred as result of the initial order.
2. The withdrawal period starts from time of acceptance of the goods from the shipping forwarder.
3. Posting the withdrawal notice or the goods in time is sufficient in order to meet the withdrawal period. The withdrawal notice respectively the goods shall be addressed to: Albums Remembered, Plainfield, IL or [email protected]
4. In case of a timely withdrawal or timely return, the goods and payments received by each party must be returned and proceeds earned, if any (e.g., interest), must be handed over to the other party. Should you not be able to return the received goods in whole or in part, or only in deteriorated condition, you will have to compensate us for any decline in value. This does not apply in respect of tangible goods, if the deterioration was only caused by your careful examination – such as would have been possible in a retail store. You may avoid the obligation to compensate us for any decline in value caused through the contractual use of the goods, by not using the goods intensively like an owner and to avoid anything that may reduce the value of the goods.
5. The goods may be returned at our cost and our risk. Any obligation to return payments must be fulfilled within 30 days. The 30-day period starts for you with the posting of the withdrawal notice or the goods, for us with the receipt thereof.
6 Delivery, Shipment
Your order will be shipped shortly after having been completed, unless otherwise agreed between the customer and Albums Remembered. A delay of delivery by Albums Remembered does not entitle the customer to decline the delivery or to claim damages, unless the delay was caused by gross negligence or willful misconduct of Albums Remembered. As long as the customer is in delay with making any payment, Albums Remembered obligation to deliver is suspended. Unless otherwise agreed between the customer and Albums Remembered, the shipment is typically made within 21 days after approval of the layout design. This is merely an estimate which cannot be guaranteed. The produced photos and photo albums will be sent to the delivery address indicated by the customer.
Full payment has to be made via all the payment methods provided before the design process.
8 Set-Off and Withholding
The customer has a right to set-off and withholding only to the extent his/her counter-claims were confirmed by final judgment of a competent court or if they were confirmed in writing by Albums Remembered.
9 Retention of Title/Ownership
Albums Remembered retains title and ownership to all goods related to an order until all payments related to such order are received in full.
The goods are defective, if they do not comply with the technical standards of digital photo printing. In case of a justified complaint, the client may at its discretion elect removal of the defect (repair) or delivery of defect-free goods (new delivery). However, Albums Remembered is entitled to reject the election made by the customer, if the requested method causes unreasonable cost and if another method of removing the defect will not result in significant disadvantages to the customer. If curing the defect is not possible or if a repair fails twice, the customer may withdraw from the contract or may demand a price reduction. In case of withdrawal, the customer is obliged to return the goods.
11 Limitation of Liability
1. Albums Remembered may be held liable for damages or defects of the goods until delivery to the customer in accordance with the following provisions.
2. Albums Remembered shall not be liable for indirect or consequential damages, such as lost profits or other financial damages of the customer. Liability for damage to or loss of electronic files stored on data storage devices caused by Albums Remembered or its Sub-Contractors, or while being transmitted via electronic data transmission or networks, is excluded. Albums Remembered may only be held liable for product specifications if it has explicitly guaranteed such specifications in writing or on its Internet website.
3. To the extent the liability of Albums Remembered is excluded or limited, such exclusion or limitation also applies with respect to the personal liability of its employees, representatives and Sub-Contractors.
4. The described limitations of liability do not apply in case of gross negligence or willful misconduct on the part of Albums Remembered or its Sub-Agents, or in case of personal injury.
5. To the extent Albums Remembered violates a material contractual obligation and none of paragraphs 2-4 applies, the liability for property damage shall be limited to the typically foreseeable damages. Material contractual obligations are generally all material duties the fulfillment of which (i) is necessary in order to properly implement the contract and (ii) may typically be relied upon by the other party.
12 Technical Support
Due to the non-technical nature of our products we do not offer a technical support service. However, should you have any questions regarding our products, please contact us via the contact form provided on our Internet website, via telephone or via E-mail. Our office is open weekdays from 9:00 am to 6:00 p.m.
13 Copyrights, Criminal Law
The customer is responsible for the content of the transmitted files. By transmitting the files to Albums Remembered, the customer confirms, represents and warrants that he/she has all copy-, trademark- and all other intellectual property rights to such files and their content that are necessary for Albums Remembered to process the order. The customer is responsible for any consequences resulting from a violation of these rights. Should any third party bring a claim against Albums Remembered based on a violation of its intellectual property rights to the transmitted files or their content, the client shall indemnify and hold harmless Albums Remembered from all such claims, damages and costs (including attorneys’ fees) arising in connection therewith. Albums Remembered will promptly inform the customer of any such third party claims. By placing his/her order, the customer represents and warrants that the content of the transmitted files do not violate any criminal laws. Should Albums Remembered notice a breach of this representation and warranty, it will promptly inform the competent criminal authorities.
Albums Remembered holds the rights to all designed digital layouts produced and submitted to the customer. Only digital layouts may be used in marketing material to reflect competency of our services; but in no way will these images or layouts be sold for a profit. For the privacy of all individuals in those photos/images no names will be shown in conjunction with those photos/layouts. When photos/images are submitted directly to Albums Remembered by a photographer/studio and if Albums Remembered chooses to use those digital layouts for marketing purposes, credit will be given to that photographer/studio via watermark logo.
1. Any amendment or supplement to these terms & conditions must be made in test form. This also applies to a change of this clause 14 paragraph 1.
2. Any disputes arising in connection with this business relationship shall be exclusively governed by US law.
3. Should any one or more provisions of these terms & conditions and/or of the contract entered into in connection therewith, or parts thereof, be held invalid or unenforceable, the validity of the remaining provisions, or parts thereof, shall not be affected. They shall remain valid for both parties. In case of invalidity, the relevant statutory law applies. This also applies in case of contractual gaps.
Naperville, IL 60564