General Terms and Conditions

§ 1. Applicability 
The following terms and conditions apply to the sale of the graphics created for the “Trittsiegel” database and the associated business relationships, as well as to the content of the websites www.trittsiegel.de and www.trittsiegel.eu, provided by the following vendor: pd-Graphik (Proprietor: Artur Piestricow, Stuttgart).
Divergent, conflicting, or supplementary General Terms and Conditions shall not become part of the contract therms unless their applicability is expressly agreed to in writing.

§ 2. Copyright and Author’s Rights 
The copyright also extends to the content of the websites and the "Spuren der Tiere/Trittsiegel" (Animal Tracks/Footprints) database. Consequently, the content and graphics are protected by copyright laws, international copyright provisions, and relevant intellectual property rights. Ownership and copyright regarding this website and the digitized form of the data belong to the creator, pd-Graphik (Stuttgart). 
Upon purchasing the graphics, the company pd-Graphik grants the buyer a non-exclusive, non-transferable right to use the files. 
Any further or commercial use, as well as reproduction or publication, requires the prior written consent of pd-Graphik. This consent is subject to a special usage fee payable by the purchaser. Violations of copyright or competition law will be prosecuted under both civil and criminal law.

11 § 3. Prices 
For delivery via email, the current prices are final prices, including statutory VAT.
Where delivery via data carrier has been agreed upon, the price is exclusive of packaging and shipping costs. Depending on the invoice value, shipping costs range from to EUR 3.00 per shipment.
The prices in effect at the time the contract is concluded apply. Notwithstanding this, the company pd-Graphik reserves the right to change prices at any time.

§ 4. Offer / Conclusion of Contract / Terms of Payment
Our offers are subject to change and are non-binding. This also applies to the prices quoted.
Orders are placed online by the buyer. To do so, the order form integrated into our website (www.trittsiegel.de, .eu) must be completed in full. By placing an order, the customer makes a binding declaration of their intent to purchase the ordered goods or software.
For online sales, the buyer must make payment in advance within 14 days via bank transfer to the specified account of pd-Graphik. If payment is not received within 14 days of the order, the order is automatically deemed void.
pd-Graphik is entitled to accept the contractual offer contained in the order. Acceptance of the contractual offer—subject to the buyer making the specified advance payment of the purchase price—is effected either by an email to the provided address or by delivery of the goods.

§ 5. Delivery Terms / Transfer of Risk
Unless otherwise agreed, delivery takes place within three working days of receipt of the purchase price in the account of pd-Graphik—typically via the Internet to the address provided by the buyer. The invoice is issued upon delivery of the data.
Upon request and subject to a corresponding contractual agreement, the data will be sent on data storage media.
In both cases, delivery is at the buyer's expense and risk.
731 If the buyer is a business, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover; in the case of a mail-order purchase, this risk passes upon delivery of the item to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover; in the case of a mail-order purchase, this risk passes upon delivery of the item to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. A delay by the consumer in accepting the sold item is equivalent to handover.

§ 6. Instruction on the Right of Withdrawal
In principle, a customer placing an order as a consumer exclusively by means of distance communication is entitled to a right of withdrawal. This right may be exercised within two weeks, without giving a reason, either in writing or by returning the goods.
This right of withdrawal does not apply to services delivered online (e.g., transmission via email or software for download). Furthermore, the right of withdrawal is excluded once the packaging of the supplied data carriers has been opened or removed, or the software has been unsealed by the buyer.

§ 7. Liability for Defects
The buyer must inspect the goods for completeness and any defects immediately upon receipt of the delivery.
Apparent defects must be notified in writing within 14 days of receipt of the delivery.
The buyer is entitled to supplementary performance. If pd-Graphik fails to fulfill its obligations within a reasonable period, at least 14 days, the buyer may cancel the order or demand a price reduction.
Liability does not apply if the defect arises or has arisen from improper operation or handling of the goods by the buyer.
In the event of operational disruptions at their own or third-party facilities, or in cases of force majeure, the contracting parties may withdraw from the contract immediately and unilaterally upon written notice.
Furthermore, for security reasons, an exchange or refund is only possible if the ordered data has not yet been sent.

§ 8. Limitation of Liability
Regardless of the legal grounds, the buyer shall be liable only in cases of willful misconduct or gross negligence, except in the event of injury to the customer's life, body, or health. In the event of a breach of duty due to simple negligence, liability is limited to the direct, average damage that is foreseeable and typical for the contract, given the nature of the goods. Liability under the Product Liability Act or other mandatory liability provisions remains unaffected.
No guarantee is provided regarding the accuracy or completeness of the data. Likewise, no warranty applies in the event of non-compliance with our operating instructions or modifications to our products.

§ 9. Commission
Consignment deliveries are made only to customers with whom a corresponding written agreement has been concluded.

§ 10. Written Form
Amendments to and deviations from the provisions must be made in writing.

§ 11. Liability for Links
Mit dem Urteil vom 12. September 1999 – 312 O 85/99 –Haftung für Links– hat das Landgericht Hamburg entschieden, dass man durch Ausbringung von Links die Inhalte der gelinken Seite ggfs. Mit zu verantworten hat. Dieses kann – so das LG Hamburg – nur dadurch verhindert werden, indem man sich ausdrücklich von diesen Inhalten distanziert. Hiermit distanzieren wir uns ausdrücklich von allen Inhalten verlinkter Seiten oder Grafiken und machen uns diese keinesfalls zu eigen. Sämtliche verstöße gegen geltendes Recht, Sitte oder Moral, welche uns bekannt werden, haben sofortige Löschung von Links, Einträgen, Grafiken oder ähnlichen zur Folge.

§ 12. Data Protection
We use state-of-the-art technology to encrypt all your personal data, such as credit card numbers, bank codes, account numbers, names, and addresses. Thanks to our secure 128-bit encryption technology, this information cannot be read by third parties during transmission. We use this information solely to process your order and ensure a convenient shopping experience. When you place an order, we require your name, email address, and shipping address, as well as your credit card number and expiration date, to process and fulfill your request. We do not make your data available to third parties for their use, and we protect the private information you provide to us.
The customer has been fully informed regarding the nature, scope, location, and purpose of the collection, processing, and use of data. The customer expressly consents to this collection, processing, and use of personal data.

§ 13. Place of Performance / Place of Jurisdiction
The place of performance and place of jurisdiction is Stuttgart (Germany).
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the user’s place of business: Stuttgart. The same applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or if their place of residence or habitual abode is unknown at the time the action is filed.
The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply, with the exception of international copyright laws.

§ 14. Severability Clause
Should individual provisions of the contract and the General Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall not be affected thereby. The provision that is invalid, in whole or in part, shall be replaced by a provision whose economic outcome comes as close as possible to that of the invalid provision. In the event of a gap in the agreement, the parties shall adopt a provision that gives effect to the parties' intentions as discernible from the contract as a whole.

Stuttgart, March 2024