Terms and Conditions
Customer satisfaction is a top priority atHogoshop. Prerequisites for this are maximum contract clarity and transparency in all operational and business matters. For this reason, we present below our terms and conditions. They are the legal basis for cooperation with our customers.
1. Business Scope
For the business relationship between Hogoshop and customers of each of our services, only the following terms and conditions apply in the version in force at the time of each contract.
The following terms and conditions are part of each contract (order on the Internet (online order)) with the sole proprietorship with the establishment name Hogoshop.
The terms and conditions can be stored and printed on the customer’s behalf for the purpose of online ordering.
2. Contracting Partner
Contractual partner of our customers is the company Mohammad Tohidipour (Bsc. Tohidipour Mohammad) – Raxstrasse 6-8 / 12/6 -1100 Vienna called Hogoshop.
The binding contract is made for Internet orders by clicking on the order button (“order for a fee”) and in disk orders with the shipping, with which you make a binding offer to conclude a contract with Hogoshop. Hogoshop is not obligated to accept this order. The confirmation of the receipt of the order by e-mail is not yet an acceptance. The acceptance by Hogoshop takes place by delivery of the goods in the delivery time stated on the website or by express confirmation of acceptance. If claims due from other orders are due when the order is placed, Hogoshop shall be entitled to withhold the orders produced until payment of the arrears or to send the orders produced at the expense of the customer by cash on delivery.
Hogoshop offers you the full range of classic photographic work, as well as photo books, photo calendars, photo gifts, murals and many other products. For each product, the full description and product size are displayed. For example, the image format of the drafting and the paper type are based on your written order.
For our services the elaboration prices according to our price list apply, at the time of receipt of your offer as they are daily updated on our website www.hogoshop.com. Promotional prices are valid only in the promotion period and in the advertised promotion format.
As we send you our products by mail order, additional costs for packaging, postage, postage and etc. are incurred. We will charge these costs in the form of a shipping fee. Per volume order, we charge a data processing. The amount of the shipping fee and data processing can be requested on a daily basis on our website www.hogoshop.com.
To avoid ambiguity about the duration of price action, we point out that the actions priced out by Hogoshop apply only to those customer orders received by Hogoshop no later than the cut-off date. Please keep in mind that the postal service can also take a few days for media orders! Due to organizational reasons, orders received after the deadline can no longer be offset against the promotional price.
For Internet orders, the order of your basket of goods (“order for a fee”) must arrive at Hogoshop before action. Please order in time to avoid any bottlenecks in the World Wide Web that may not be within our sphere of influence at the end of the price action.
For internet and media orders a delivery time of a maximum of 10 working days applies. For details, please refer to the respective product pages. For orders of different products in one order, the delivery time increases by another 3 working days.
Business days are all those business days that are produced at Hogoshop. We also point out that for internet orders, production will start the next day. The day of the order is therefore not valid as a working day.
Before or shortly after special occasions or holidays such as Christmas, Valentine’s Day, Easter, Mother’s Day or similar as well as price promotions, where a large number of orders must be expected, the specified delivery time can not be guaranteed. Orders are published on the homepage of Hogoshop and communicated by newsletter.
Our workflows are carefully thought out and work smoothly. We have the most modern machines controlled by highly qualified technicians. With replacement machines we have taken comprehensive precautions against a possible production stoppage. Nevertheless, we are not totally immune to breakdowns. Delayed provision of necessary spare parts by the machine manufacturer can therefore also lead to an extension of the delivery time. However, postal services (delivery) and bottlenecks or technical disruptions on the World Wide Web are beyond our control. Delivery delays without grace periods of at least 3 laboratory days do not entitle to refuse to accept or resign, in addition, all other claims, especially for damages, excluded.
Our shipping prices are calculated so that they are valid for shipping in Austria. Therefore, Hogoshop only accepts orders that are to be sent to a delivery address in Austria. Orders with a foreign delivery address are not allowed.
8. Warranty / Complaint
For clearly identifiable defects, the customer has the right to a claim. However, this authorization only exists in the case of avoidable technical inadequacies and errors, and in the case of taste nuances such as color shifts, complaints can not be accepted. Every customer is obliged to carry out a check after the completion of automatically or self-designed photo products such as photo books, photo calendars, etc. with the help of the preview, so that there can be no subjective differences in perception. Self-typed spelling errors, the use of poor quality images (for example, due to low resolution or blurred images) and design errors that were self-inflicted (eg by disregarding warnings, blank pages, untwisted photos, too tightly placed texts), wrong product selection, wrong Order quantities or other defects resulting from errors in the order entry are excluded from the complaint as well as the Hogoshop satisfaction guarantee. Complaints must be made within the agreed warranty period of 10 days after receipt of the products with the original photo security bag including media / negatives / slides / photos and all goods complained of Hogoshop be asserted. In the case of unrecognizable defects, the statutory warranty period applies. Instead of claiming a price reduction, the customer is first obliged to allow the improvement by re-working, if this is technically possible.
bei Beschädigung oder Verlust von jeglichen uns zur Verfügung gestellten Filmen, Negativen, Dias, Fotos, Speicherkarten, CDs, DVDs oder sonstigen Gegenständen oder Vorlagen wird von Hogoshop nur der Materialwert ersetzt. Auf die Geltendmachung eines ideellen Schadens aus welchem Rechtsgrund immer, wird ausdrücklich verzichtet. Hogoshop haftet nur bei grober Fahrlässigkeit.
10. Information according to KSchG, FAGG and the EU consumer directive as well as to the regulation on online dispute resolution in consumer affairs
In accordance with our duty, we would like to point out that a consumer within the scope of the aforementioned laws can withdraw from his contract application or his contract in accordance with § 3 KSchG or § 11 FAGG within 14 days. The withdrawal period for contracts subject to the FAGG begins on the day the contract is concluded (§ 11 para. 2 no. 1 FAGG), for contracts that are subject to the KSchG on the day on which you or a third party named by you, the is not the carrier who has taken possession of the goods. If the goods are delivered in partial deliveries, the period of revocation begins on the day on which you or the third party named for receipt have taken possession of the last partial delivery.
Our contracts with consumers are then subject to the Distance and Fare Act (FAGG) if the fee payable by the consumer exceeds € 50.00. In these cases the application of the KSchG is excluded (§ 3 Abs. 3 Zif. 4 KSchG).
For contracts that are subject to the FAGG, however, the right of withdrawal according to § 11 FAGG does not exist if
– the fulfillment of the service was commenced before the expiry of the period of withdrawal on the basis of the express request of the consumer for the immediate fulfillment of the contract and in knowledge of the loss of the right of withdrawal, and the service was rendered in full; such as
– for goods made to customer specifications or clearly tailored to personal needs.
Accordingly, in compliance with our duty to inform under § 4 para. 1 Zif. 11 FAGG expressly point out that due to these exemptions, a consumer usually loses his right to withdraw from contracts with Hogoshop, as our goods and services are always made to customer specifications and we regularly complete their orders within the cancellation period.
For contracts in which the fee payable by the consumer exceeds € 25.00, but not € 50.00, the provisions of the Consumer Protection Act (KSchG) apply. Within the scope of the KSchG a right of withdrawal of the consumer is excluded
– if the contracts are subject to the Distance and Fare Act (FAGG);
– if the conclusion of the contract has not been preceded by discussions between the parties or their agents, and
– if the contract has been given by the consumer in physical absence of the entrepreneur.
Accordingly, contracts with Hogoshop generally also give rise to the right of withdrawal under KSchG.
In addition, in line with EU Regulation 524/2013 and the Alternative Dispute Resolution Act, the link to the European Commission’s online dispute resolution platform for Alternative Dispute Resolution is available for disputes over online purchase and service contracts between entrepreneurs and consumers :
The client expressly declares to be in possession of the copyrights, trademarks and other rights relating to the material submitted to Hogoshop. This does not only apply to the entire image material, but also to any other characters and fonts used. The customer is responsible for the fact that he uses only characters and fonts, which he is authorized to use and for which he has a valid license. The customer is solely liable for the consequences arising from any copyright and trademark infringement and replaces Hogoshop with any costs arising from any copyright infringement.
The client assures that the contents of the transferred image files do not violate valid prohibition norms, in particular the regulations for the distribution of child pornography (§§207a, 215a StGB) and §§111 ff. StGB (insult, libel) or § 297 StGB (defamation ). In addition, the customer guarantees that no illegal violence glorifying, inciting, racist templates, materials and content, etc. will be sent to Hogoshop. If Hogoshop becomes aware of any violation of this assurance, Hogoshop will immediately contact the relevant law enforcement agencies.
12.1. The customer agrees with his user registration that his data will be processed electronically by Hogoshop. The e-mail address provided may be used to transmit electronic advertising information (Hogoshop – newsletter), unless expressly stated to the contrary. The customer acknowledges that he can contradict the forwarding of his data and the sending of the newsletter at any time.
If a complete processing of the orders is required, the personal and image data collected with the placing of the order will be forwarded to vicarious agents of Hogoshop within the scope of the order data agreement. Should the customer object to a data transfer, which is absolutely necessary for order processing, this does not change the obligation to pay the full contract fee. Should it come through the opposition to the data transfer to production-related additional costs, the customer is obliged to bear this.
12.2. The customer confirms that the Hogoshop transmitted for processing images exclusively from a private interest in documentation, which is not on the identification of uninvolved persons or the targeted collection of objects that are suitable for the indirect identification of such persons is directed (§ 12 para. 3 Paragraph 3 DSG) or the explicit consent of the data subjects to the processing of their personal data is present and in any case the image recording is otherwise permitted in the sense of § 12 DSG. The customer accepts responsibility for the accuracy of this statement and is liable for any adverse consequences that Hogoshop may incur in the event of an incorrect declaration.
12.3. The customer further confirms in the sense of § 4 Abs. 4 DSG that he has completed the 14th year of life.
13. Contract language
The contract language is English
14. Jurisdiction / Place of Performance / Applicable Law
The place of jurisdiction for Vienna – Austria is the competent court.
The place of fulfillment is Vienna – Austria, which means that Hogoshop has rendered its services to the post office in Freistadt upon the proper handing over of the finished pictures. However, Hogoshop is liable for the transmission risk, ie the case that the products are damaged or lost by post before being received. In the event of damage to parcels during delivery, losses or externally identifiable damages must be reported to Hogoshop in writing by Hogoshop immediately, or immediately after discovery, or at the latest within 7 working days.
The business relations between Hogoshop and a customer are subject to Austrian law. The UN Sales Convention does not apply.
In cooperation with Klarna we offer the following payment options. The payment is made to Klarna:
– Klarna Invoice: When purchasing with Klarna invoice, you will receive your goods first and you always have a payment period of 14 days. The full terms and conditions can be found here.
– Klarna Account: With the Klarna financing service, you can pay for your purchase in flexible monthly installments of at least 1/24 of the total amount (at least € 6.95). For more information on Klarna installment buying with the terms and conditions and the standard information on European consumer credit, see here.
● Instant Banking
● Credit card (Visa / Mastercard)
16. Special conditions for our digital ordering services
Special conditions for our digital ordering services:
16.1. Hogoshop offers a wide range of customizable products. Customizable products can be designed by required online designers.
16.2. Hogoshop backs up all data during use according to the state of the art. The liability for damages caused by accidental or unlawful destruction and loss of data used in the sense of the Data Protection Act (eg .: recorded, stored, reproduced or modified data) is limited to cases of gross negligence. Hogoshop is not liable for any other damage caused by accidental or unlawful destruction or loss of data. Hogoshop is also not liable for moral damages, for whatever legal reason. In order to be double-fused, the customer agrees to keep the data stored up to the final order fulfillment by Hogoshop.
16.3. Projects at the Hogoshop online designers are limited to 60 days. The deadline starts to run again when the project is opened and saved again. Hogoshop is under no obligation to notify the customer of the deletion.
16.4. After expiry of the 60-day reordering option (deadline begins with order), the product-specific data submitted by the customer will be deleted.
16.5. The file format “.jpg” or “.png” or “.pdf” must be adhered to, otherwise acceptance of the order will be rejected by Hogoshop.
16.6. Complaints that are due to a poor quality (for example, too low resolution) of the original image files or to the cut format “Ideal” or “Classic” are not recognized by Hogoshop.
16.7. It is expressly pointed out that a subsequent cancellation of orders currently in production can not be made and the combination of several orders is not possible.
16.8. Customer communications in the form of additional files on data carriers can not be considered for production reasons.
17. Retention of title
Until full payment of all goods (including shipping costs) from the same order, the goods remain the property of Hogoshop.
18. Final provisions
Should individual provisions of these terms and conditions be ineffective or lose their effectiveness due to a later event, this does not affect the effectiveness of the concluded contract. In place of the ineffective contract provisions, a provision comes closest to what the contracting parties would have wanted, provided that they had considered the relevant point.
19. Price changes and typos
Price change and typing errors reserved. All prices are in Euro.
Vienna, September 2018