The following conditions are component parts of the contract in mutual consent. They have priority over the client´s deviating purchasing or other conditions. Deviations, changes as well as special covenants must be presented in written form.
1. Validity
The following delivery and payment conditions apply to all business transactions, especially all future business even if they are not expressly mentioned, and finalize these except when differing conditions have been agreed upon in written form. The acceptance of a delivery or partial delivery means that these delivery and payment conditions have been accepted.
2. Bid
Offers are always non-binding. A contract is binding once a written order confirmation is sent. If the client does not receive an order confirmation prior to delivery, then the contract becomes binding when the delivery company hands over the products. Offers and the acceptance or confirmation of orders are governed by the reservation of timely and satisfactory self-delivery. We have the right to withdraw from the contract if the self-delivery is not sufficient after a time limit of 14 days.
3. Delivery
Delivery deadlines are approximate. An earlier delivery is allowed. We reserve the right to send partial deliveries. Should the delivery of the articles be delayed, then a grace period of at least 14 days can be set. The timely sending of the articles is seen as adhering to the grace period. In case of nonfulfillment on the part of the client, we can claim for occurred damages. Damage claims due to late delivery are eliminated in as far as the lateness was not based on intent or negligence on our part. The client must immediately inform us in written form if apparent false or incomplete deliveries including obvious defects have occurred; otherwise we are freed from defect liability.
4. Transport and risk
We reserve the right to choose the transport means and route. We deliver cash on delivery (COD) only within Germany with the cost and risk going to the ordering company. In as far as eventual transport damage is not insured by the transportation company, the articles can be insured through us after remuneration of the extra costs.
5. Conditional sale
The delivery articles remain in our possession until the payment has been made in full. Eventual copyright or similar protection rights for the delivered articles remain ours. Only user rights are passed on to the client in an agreed framework.
6. Price and payment
The stated prices for products and memberships on this website are given in Euro and include the valid statutory value added tax. The prices on our website www.image-engineering.de are stated in Euro excluding the statutory value added tax. In as far as delivery with an invoice was agreed upon, payment is due within 14 days after receiving the invoice.
7. Packaging
Deliveries are packed in standard package material appropriate for the articles.
8. Guarantee
The legal guarantee periods apply. The guarantee is limited to our judgement of improvement or substitute delivery. The purchaser has the right to claim cancellation (rescission of sale) of the contract or the reduction of the sales price (abatement), when the improvement or the substitute delivery has failed. This applies to all explicit items and articles which have an individual price as an independent entity; the rescission of sale or abatement can only be claimed in this form. Liability is limited to the agreed-upon sales price. Liability for eventual damage due to defects, especially claims for lost earnings, are eliminated in as far as we are not charged with intent or negligence.
The following points are to be taken into consideration for the applicability of guarantee claims:
- The delivery documents and invoice are to be included.
- The article of complaint is to be presented to us with a detailed defect description.
- Defects which occurred due to incorrect handling, storage or return do not apply to the guarantee claim.
- Defects which occurred due to third- party influences cannot be charged to us and therefore do not apply to the guarantee claims.
- The transportation company must be informed immediately in the case of transportation damage.
9. Registration
Supplementary services are available on our website for registered users, depending on membership status. Registration is generally free of charge and the membership is marked as a Standard Membership. At their request, a user can choose the fee-based Premium Membership. For industrial and restricted commercial usage, we offer a fee-based Business Membership.
For the registration the user is obligated to enter details in the form of first and last name, a valid e-mail address and a self-selected password. In order to use the forum and/or shop, additional information about the postal address, birth date and bank details are required. After registration is completed, the user receives an e-mail to confirm the registration (Double-Opt In process). With the confirmation, the user assures the company Image Engineering GmbH & Co. KG that the given information is complete and true. Furthermore the user agrees to keep the personal data confidential and to protect it against unauthorized access. The personal data can be viewed/edited in the profile area on this website and can also be deleted if desired. The personal data will not be communicated or released to third parties.
10. Fee-based Memberships
Private users have the possibility to purchase an extended Premium Membership. Photo clubs and corporate customers can choose the fee-based Business Membership.
The mentioned fee-based memberships apply for a period of one year from contract conclusion. If the customer does not invoke his right to terminate the contract, the membership is automatically extended by one year. The user must pay the company Image Engineering GmbH & Co. KG the costs involved. By contract conclusion, the user will be informed about the duration and the termination right of his contract. Before contract expiration, the user also will receive an e-mail, where the remaining contract period and the cancellation period is given.
In the case of contract termination, it must be submitted prior to the deadline. The cancellation period shall be three months to the end of the contract. The orderly termination is required in written form. Please obtain the contact data from the imprint.
11. Conditions of use - test area
Prerequisite for usage of the test area is the registration on our website and a corresponding membership, as well as evidence from the acquired test chart through the related serial number.
11.1 Condition of use for Standard- and Premium Memberships
Standard and premium members are allowed the exclusive private, not-commercial use of the test area and the related data/results. In addition, the use of the test evaluation is restricted to 5 camera bodies. The analysis of test images which are taken with other devices is not permitted. If there is a suspicion of non-compliance, the user will be informed and warned by e-mail from the site operator. By repeated infringement, the account will be blocked for a duration of 3 months by the site operator.
Access data may not be passed or communicated with third parties and/or used by third parties. If there is a reason to suspect a non-private usage, the user will be informed and cautioned via e-mail by the site operator. By repeated infringement, the account will be blocked for a duration of 3 months by the site operator.
11.2 Business Membership
The Business Membership has no device limitation. Business members can upload and analyze test images from an unlimited number of camera models. The industrial and restricted commercial usage of the test area, as well as the related measurement data is exclusively for customers who have concluded a Business Membership. Business members can use their own data for various purposes, such as for fault detection or error checking. Data trading is strictly forbidden.
The Business Membership is available as single license or in form of multi-user licenses.
Single user licence:
When a single user license is purchased, the membership and the related product must be associated to a single person of the client group for registration and usage. Usage by multiple persons is not permitted. The access data is bound to the responsible person and must be used exclusively by this person. In order to transfer personal data to third parties, a written permission from the site operator is required. Image Engineering GmbH & Co. KG reserves the right to proof information and in the case of false declarations, the company reserves the right to block and/or delete the account.
Multi-user license:
In the case of a purchased multi-user license, every license must be associated to a single person. The access data is bound to the responsible person and must be used exclusively by this person. In order to transfer personal data to third parties, a written permission from the site operator is required. Image Engineering GmbH & Co. KG reserves the right to proof information and in the case of false declarations, the company reserves the right to block and/or delete the account.
12. Transfer of rights*
The analyzed and calculated test data created by the user on this website is saved on a data server. With the upload of test images, the user transfers the non-exclusive, temporally and spatially unrestricted license of his test images and all associated created and generated data to the company Image Engineering GmbH & Co. KG. In case of usage, the company Image Engineering GmbH & Co. KG guarantees the anonymous transfer of the data.
13. Newsletter
Through the newsletter, current news and information are provided regarding our company. The condition for ordering the free newsletter is a valid e-mail address. To ensure that the entered data belongs to the customer, we will send a confirmation e-mail to the given e-mail address; with this e-mail the receipt of our newsletter has to be agreed upon once more (Double-Opt In procedure). The given e-mail address will be used exclusively for newsletter delivery and will be not passed on to a third party. If you wish, the newsletter can be unsubscribed by a separate link in the newsletter itself.
14. Forum
The forum can only be used by registered users who have entered the required information in the profile. By using the forum, you automatically agree to the forum and forum special rules.
15. Youth protection
For the use of our shop and parts of the forum, the legal age (18 years) is required. As user/customer/buyer you affirm that you have reached the legal age and that you are legally competent; you confirm that the information concerning age, name, postal address and bank details are correct.
16. Business Headquarters and legal venue
Cologne, Germany is the business location for all obligations in contractual transactions. Cologne, Germany is also the legal domicile for all disputes arising from this contract as well as its development and processing.
Severability Clause
If one or more terms of this contract are legally ineffective or include a gap, the validity of the other terms is not affected. The invalid terms shall be replaced by the effective and practical terms, which come closest to the economic purpose the provider has pursued.
Info text to grant of rights
* For Image Engineering GmbH & Co. KG, image quality is the most important aspect. We hope that future technical developments can profit from the anonymous measurements and lead to improvements for customers. As a user, you always have full access to the calculated results for evaluating your camera system.
Please note: this document is a translation of the German document "Allgemeine Liefer- und Geschäftsbedingungen" from the company Image Engineering. The German version of this company´s Standard Terms and Conditions is the legally binding document.