TERMS & CONDITIONS
ALDI INC., offers its customer(s) (the “Buyer(s)”) the opportunity to order the production of photo products (prints) and/or printed matter (calendars, photo albums etc. hereinafter referred to as Goods or Services) by sending digital data via the Internet or on a data storage medium. www.aldiphotos.us is a site operated by MEDION USA INC., hereinafter referred to as (“MEDION”).
The implementation of the orders is carried out by MEDION; therefore the contract is concluded between the Buyer and MEDION. Goods or Services provided by MEDION will be provided subject to these Terms, and as these terms form an integral part of the contract between MEDION and the Buyer.
These Terms only relate to orders accepted by MEDION in the United States.
Your access to and use of the Service and/or Software are expressly conditioned on your compliance with these Terms. Your violation of the provisions contained in these Terms may result in termination of our Service and/or Software and cancellation of your account.
You may submit certain material to MEDION, including without limitation, photographic images, as part of your use of the Service (“Submissions”).
1. Orders. All Products ordered through the Site or Software are custom made. As such, all orders placed via the Site and/or Software are final and cannot be cancelled.
2. Price and Payment. All prices are in U.S. currency and payment must accompany order. All payments must be made by credit or debit card. Checks, cash or money orders are not accepted. Failure to submit a valid credit card payment will result in refusal to perform requested service and the return of your unprocessed materials.
3. Shipping. MEDION ships orders to customers with different carriers out of the USA. All orders are shipped from US production plants, usually within two (2) to five (5) days after the order has been received and accepted by MEDION. Large orders with lengthy or multiple files may be delayed. Shipping estimates are estimates only and MEDION cannot guarantee that orders will be shipped on the date indicated on any order confirmation received by you.
4. Return Policies and Procedures
4.1 Because Products ordered via the Site or Software using the Services are custom made goods, only items which have been damaged in transit due to the negligence or willful misconduct of MEDION or its agents, or items which exhibit manufacturing defects, are eligible for return and replacement. The only remedy available to you is replacement of the Products you ordered through the Site. No cash refunds or credits will be given.
4.2 Only returns that have been pre-authorized may be returned. Please contact MEDION Customer Service for authorization within 7 days of delivery to apply for a return. Customer Service contact information can be found on the Site or your order confirmation. After contacting a Customer Service representative you will receive detailed return procedures.
4.3 After you have received a return authorization, the merchandise must be returned to MEDION within ten (10) business days. Returns after this period will not be accepted.
4.4 Any damaged product that you wish to return must be returned in the same condition it was received. PLEASE SAVE ALL ORIGINAL PACKING ITEMS AND FILLERS INCLUDED WITH YOUR ORDER. Please include the reason for the return along with your documentation. If not re-packed as it was originally shipped, MEDION will not authorize replacement of the order.
5.1 MEDION reserves the right to reject Submissions which contain Prohibited Content. Prohibited Content as used herein includes, but is not limited to the following:
(a) Any Submissions which could infringe rights of privacy, publicity, copyrights or other intellectual property rights of any third party without the permission of the owner of these rights;
(b) Any Submissions which are abusive, deceptive, threatening, defamatory, obscene, pornographic or otherwise inappropriate or could give rise to any civil or criminal liability under applicable law;
(c) Any Submissions which promote bigotry, racism, hatred, illegal activities or harm against any individual or group, including minors; or
(d) Any Submissions which contain viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.
5.2 Determinations as to whether a Submission contains Prohibited Content are in MEDION’s sole discretion.
5.3 You hereby grant to MEDION a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the purpose of delivering the Service and warrant that you have a right to grant such a license. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
6. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.
7. Copyright. You are required by US law to own the right to, or to obtain permission to use any image before the image is uploaded or printed using the Service. At MEDION’s discretion and in appropriate circumstances, MEDION may terminate the accounts of users or prevent access to the Service and/or Software by users who infringe the intellectual property rights of others.
8. Age Requirements.
You must be at least 18 years of age to use the Service and/or Software.
9. Third-Party Software.
9.1 In connection with your use of the Service and/or Software, MEDION may make third-party software available to you from time to time. Your access to such third-party software is conditioned on your agreement to first agree to the terms and conditions governing use of such software and such agreement will be between you and the third-party software provider. MEDION is not a party to any such arrangement between you and a third-party software provider and disclaims any liability, and provides no warranties relating to such software.
9.2 MEDION does not guarantee that any third-party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.
10. Third-Party Links.
10.1 MEDION may provide links to third-party websites on the Site or as a feature of the Software. Such links are provided solely for your convenience and MEDION is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites.
10.2 Links to third-party sites do not imply any endorsement by MEDION or such sites or the contents, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.
11. Provision of Software or Services via Third-Party Websites
11.2 Submissions and data transferred to MEDION from third party websites in connection with the provision of MEDION services via such third party websites is limited to the data, including personally identifiable information and picture files, necessary for MEDION to perform the services ordered.
11.3 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. MEDION MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
12. Copyrighted Material, Software and Trademark Information.
12.1 The product names, service names, slogans or logos referenced in the Site, including but not limited to the following: CEWE, CEWE COLOR, CEWE Photo Book, SmileBooks are trademarks or registered trademarks of Medions assistant CEWE or its affiliates. All other company, product or service names referenced in this site or software are used for identification purposes only and are trademarks of their respective owners.
12.2 All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy, publicly display, modify or distribute such material without our or the copyright owner’s prior written consent. You may use these materials for personal, non-commercial purposes only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or any proprietary rights notices contained in the materials.
12.3 All right, title and interest in and to the Site, Service and Software is and will remain the exclusive property of CEWE, its affiliates and their respective licensors. The Site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
13. Promotional Offers.
13.1 The following rules and restrictions for promotional offers on the Site are subject to change and will vary depending on offer:
(a) Each promotional offer is subject to the offer details stated with each offer (in general at the bottom of each offer). Some offer redemption codes can only be used once and are limited to one per account.
(b) Valid promotional codes will only be applied to a single order.
(c) Only one valid promotional code may be used per order. Offers may not be combined with other offers in the same order and may not be used in conjunction with any other discount, coupon, or promotion in the same order.
(d) Promotional codes cannot be applied to orders previously submitted.
(e) Some offers may be available to first time customers only. There may be additional restrictions on redemption. Refer to offer detail stated with the offer (in general at the bottom of each offer) for details.
(f) Offers must be redeemed online at the Web sites run by MEDION or its affiliates or by using the Software distributed by MEDION or its affiliates and must be applied towards the purchase of products or services of MEDION [or its affiliates] only, as specified in the offer.
(g) Promotional offers cannot be used to pay for, nor shall be applied to, taxes, shipping and handling charges, unless otherwise noted.
(h) Promotional offers cannot be used in conjunction with prepaid credits, unless otherwise specified in the offer details.
(i) Each offer is valid for a limited time only and expires on the date specified in the offer.
(j) Offers have no cash value, are not for resale and are not redeemable for cash.
(k) Returned items will only be credited or refunded for the item cost. Promotional offer discounts are not eligible for credit or a refund.
13.2 MEDION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROMOTIONAL OFFER USED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PROMOTIONAL CODE IS NON-FUNCTIONAL, THE USER'S SOLE REMEMDY, AND MEDION' SOLE LIABILITY, SHALL BE REPLACEMENT WITH THE SAME OR SIMILAR OFFER.
14. Canceling the Service. If you would like to delete your MEDION account, you need to send an email from the email address used to create your MEDION account requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your MEDIIN account will be deleted and will no longer be available.
15.1 MEDION may, in its sole discretion, terminate or cancel your membership account or your ue of the Service and/or Software, and remove and discard any Submissions and your account at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by MEDION elsewhere on the Site; (ii) conduct MEDION believes is harmful to other MEDION users, the business of MEDION, or MEDION affiliates, and (iii) any redemption of, or attempt to redeem, fraudulently obtained gift certificates. MEDION will not be liable to you or any third party for any termination of your access to the Service and/or Software as outlined in these Terms.
15.2 Customers may update their email address online or through Customer Service.
16. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under this agreement or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
l:Times New Roman,serif;"> 17. Shipmnts. All items purchased through MEDION or other Web sites hosted by MEDION are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. We may assign our rights and responsibilities hereunder without notice to you. MEDION reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
18. Export. You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service or the Products purchased through the Site.
19. Disclaimer of Warranties. THE SERVICE, SOFTWARE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE PRODUCTS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MEDION MAKES NO WARRANTY THAT ITS SITE, SOFTWARE OR SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDION MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDION OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
20. Limitation of Liability.
20.1 For purposes of this section, "MEDION" shall include MEDION and its divisions, subsidiaries, successors, parent companies, affiliates, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
20.2 TO THE FULLEST EXTENT PERMITTED UNDER LAW, MEDION WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, THE SERVICE OR THE SOFTWARE, EVEN IF MEDION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SITE, SERVICE OR SOFTWARE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE OR USING THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR SUBMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, SERVICE OR SOFTWARE, OR (v) ANY OTHER MATTER RELATING TO THE SITE, SERVICE OR SOFTWARE.
20.3 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
21. Miscellaneous Provisions.
21.1 Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
21.2 Entirety. This agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by MEDION or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this agreement may not be modified by you except in a writing duly signed by you and an authorized representative of MEDION. The failure of MEDION to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
21.3 Changes to Terms. MEDION reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after MEDION makes any such changes, you agree to be bound by the revised Terms.
21.4 Force Majeure. MEDION shall not be liable for any failure to perform its obligations under these Terms or in connection with any order where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
21.5 Small Claims, Arbitration & Jurisdiction. (a) Small Claims. With respect to any and all disputes for claims which fall below the threshold for claims that can be brought before the small claims (or equivalent) court in the jurisdiction of your domicile, such claims shall be brought exclusively before such small claims (or equivalent) court having jurisdiction over your domicile, but only to the extent that such small claims (or equivalent) court is permitted by law or regulation to hear your claim. In all other cases, you must submit your claim to arbitration pursuant to Section 21.5(b) below. (b) Arbitration. For all claims not brought pursuant to Section 21.5(a), including but not limited to all claims for amounts that are larger than the jurisdictional limit covering small claims in the courts of your domicile, you and MEDION agree that all disputes and claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services and/or Software shall be settled by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the City of New York, State of New York. To the fullest extent permitted by law: no arbitration under these Terms shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of MEDION; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and MEDION); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and MEDION). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by MEDION. If such costs are determined to be excessive, MEDION will pay all arbitration fees and arbitrator compensation. You and MEDION may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and MEDION hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New York to enforce the provisions of this Section 21.5 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement, the Software or Services or your use of the Software or Services.
21.6 Governing Laws. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action and such action shall be subject to Section 21.5 above. Except for claims brought in small claims (or equivalent) courts, which shall be governed by the law applicable to the jurisdiction in which they are brought, the parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York without regard to its conflict of law provisions and the Federal Arbitration Act. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.