General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (hereinafter the “Terms”) apply to all contracts concluded via the website sundaybooks.eu between the Customer and

YouVenture! GmbH Ericusspitze 4, 20457 Hamburg Commercial register: Amtsgericht Hamburg, HRB 172192 Managing directors authorised to represent the company: Finn Alexander Dubbels, Viktor Dik Email: support@sundaybooks.eu

(hereinafter the “Provider”).

1.2 These Terms apply exclusively, in the version published at the time the order is placed. Deviating terms of the Customer are not recognised unless the Provider expressly agrees to their application in text form.

1.3 A consumer is anyone who concludes the contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB). A trader is anyone who acts in the exercise of such an activity (§ 14 BGB). Insofar as individual provisions of these Terms apply only to one of the two groups, this is expressly stated there.

1.4 The language of the contract is German.

2. Subject matter of the contract

2.1 The Provider produces photo books as one-off items according to the Customer’s specifications. The Customer designs their book in the editor on sundaybooks.eu from their own photos and texts; the Provider has exactly this book printed and delivers it to the Customer.

2.2 The format supplied is 21 × 21 cm. The Customer chooses the cover type: Magazine (saddle-stitched booklet), Softcover or Hardcover (both perfect bound). The Magazine comprises 28–60 pages, the Softcover and the Hardcover 28–120 pages. The editor shows which page counts can be selected in each individual case.

2.3 The Provider makes design templates, layouts, fonts and colour schemes available. They are aids for the design; the content of the book comes from the Customer.

2.4 Before the order is submitted, the editor displays the book in the form in which it will be printed. The Customer is obliged to check this preview carefully for accuracy and completeness, in particular:

• the spelling of all texts, especially of names and dates
• the selection, crop and orientation of every single photo
• the order of the pages and the arrangement of the double pages
• format, cover type and number of pages
• the editor’s notices on the resolution of the photos (clause 10.1)

By completing the order, the Customer gives binding approval for the displayed book to be printed. From the approval for printing onwards, changes are no longer possible, as production begins immediately afterwards.

2.5 Screens display colours differently from printed paper. Deviations in colour, brightness and contrast within the range customary in printing do not constitute a defect. The same applies to production-related tolerances in trimming, folding and binding.

3. Conclusion of the contract

3.1 The presentation of the products on the website does not constitute a legally binding offer but an invitation to submit an offer (invitatio ad offerendum).

3.2 The Customer designs their book in the editor, places it in the basket and proceeds from there to the ordering process. Before submission, an order summary shows the Customer the book, the total price, the shipping costs and the delivery address. Until submission, all entries can be changed or corrected; the buttons provided for this purpose are indicated in the ordering process.

3.3 By clicking the button “Zahlungspflichtig bestellen” (order with obligation to pay), the Customer submits a binding offer to purchase the displayed book.

3.4 The Provider accepts the offer by sending an order confirmation by email, which is sent without undue delay once payment has been completed. The contract is concluded upon receipt of this confirmation. No further declaration is made by the Provider.

3.5 The Provider is entitled to refuse acceptance, in particular if the book contains content as described in clause 10.4 or if production is not possible for technical reasons. In this case, no contract is concluded; any amounts already paid will be refunded in full without undue delay.

3.6 The text of the contract is not stored in a form that would be accessible to the Customer via the website after the order. The Customer receives the order data and these Terms with the order confirmation by email on a durable medium.

4. Prices and payment

4.1 All prices stated on the website are final prices and include the statutory VAT of the country of delivery (Germany 19%, Austria 20%, Belgium 21%, Bulgaria 20%, Croatia 25%, Cyprus 19%, Czechia 21%, Denmark 25%, Estonia 24%, Finland 25.5%, France 20%, Greece 24%, Hungary 27%, Ireland 23%, Italy 22%, Latvia 21%, Lithuania 21%, Luxembourg 17%, Malta 18%, Netherlands 21%, Poland 23%, Portugal 23%, Romania 21%, Slovakia 23%, Slovenia 22%, Spain 21%, Sweden 25%). Shipping costs are added and are shown separately before the order is completed.

4.2 The price depends on the cover type and the number of pages. At the minimum number of pages, the Magazine costs €14.95, the Softcover €24.90 and the Hardcover €29.90. Each double page beyond the minimum number of pages costs an additional €0.50. The price of the respective book is displayed in the editor and in the basket.

4.3 The available payment methods are displayed in the ordering process. Payment is processed by a payment service provider; its identity and the terms applicable to the payment are set out in the ordering process and in the Privacy Policy. What was displayed to the Customer there is decisive for the order.

4.4 The purchase price is due immediately and in full upon completion of the order. As every book is produced specifically for the Customer, production begins only after receipt of payment.

4.5 The Customer receives a receipt for their order by email in text form.

4.6 The Customer is entitled to a right of retention only insofar as their counterclaim is based on the same contractual relationship. The Customer’s statutory rights in respect of defects (clause 8) remain unaffected.

5. Delivery and shipping

5.1 The Provider delivers to all Member States of the European Union, to the delivery address specified by the Customer in the ordering process. Excluded are territories that do not form part of the tax territory of the European Union (the Canary Islands, Ceuta, Melilla, the Azores, Madeira and Åland); the Provider will not execute an order with a delivery address there and will refund the purchase price.

5.2 Shipping costs amount to €4.95 per order; where payment is made in a currency other than the euro, the equivalent shown in the ordering process (DKK 37.00 (Denmark), PLN 21.00 (Poland), CZK 129.00 (Czechia), SEK 59.00 (Sweden), HUF 1,990 (Hungary), RON 24.90 (Romania)). For orders of 2 or more books, delivery is free of shipping costs; in this case, for delivery to France, a delivery charge of €0.01 is charged in accordance with French law.

5.3 Production and shipping are separate periods and are not added together to form a total time. Production takes 2–4 working days and begins as soon as payment has been received and approval for printing pursuant to clause 2.4 has been given. The subsequent shipping takes 1–2 working days within Germany and, depending on the country of delivery, 2–10 working days to the other Member States (Austria 2–5, Belgium 2–5, Bulgaria 6–10, Croatia 3–6, Cyprus 6–10, Czechia 3–5, Denmark 5–7, Estonia 3–8, Finland 5–9, France 3–5, Greece 6–9, Hungary 3–6, Ireland 3–6, Italy 3–7, Latvia 4–8, Lithuania 3–6, Luxembourg 2–4, Malta 5–10, Netherlands 2–5, Poland 3–6, Portugal 4–7, Romania 4–10, Slovakia 2–6, Slovenia 2–7, Spain 4–8, Sweden 5–7). Working days are Monday to Friday, excluding public holidays at the Provider’s registered office. The information displayed to the Customer for their order in the ordering process is decisive.

5.4 The Provider uses service providers for printing and shipping. These are named in the Privacy Policy.

5.5 Where several books are ordered, the Provider is entitled to make partial deliveries insofar as this is reasonable for the Customer. This does not result in any additional shipping costs for the Customer.

5.6 If delivery fails because the Customer has provided an incorrect or incomplete delivery address, the Customer bears the costs of re-sending. Once production has begun, it may not be possible in every case to change the delivery address.

5.7 If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the Customer only upon handover to them, including where the goods are dispatched to them.

6. Right of withdrawal

6.1 Every book is created only after the order and exclusively for the respective Customer: from their photos and texts, in the format, cover type and number of pages chosen by them and in the arrangement determined by them. Such a book cannot be sold to third parties. The Provider’s books are therefore goods that are made to the Customer’s specifications and are clearly tailored to the Customer’s personal needs. Pursuant to § 312g Abs. 2 Nr. 1 BGB, there is no right of withdrawal for such goods.

6.2 Once the order has been completed, the order cannot be withdrawn and the book cannot be returned without reason. The preview pursuant to clause 2.4 must therefore be checked carefully before ordering. Until the order is completed, the Customer may change their book as they wish or abort the ordering process; this does not incur any costs for them.

6.3 The Customer is informed of the exclusion of the right of withdrawal before placing their order, clearly visible directly at the point of completing the order and not only in this clause (Art. 246a § 1 Abs. 3 Nr. 2 EGBGB).

6.4 This also applies where a design template of the Provider is used: in that case, too, the book is created according to the specifications of the Customer, who chooses the template, the format, the cover type and the number of pages, inserts their photos and texts and determines the order of the pages. The Provider does not offer a finished book that would be created without input from the Customer.

6.5 The exclusion of the right of withdrawal relates exclusively to the right to withdraw from the contract without giving any reason. The Customer’s statutory rights in respect of defects in the goods delivered remain unaffected (clause 8).

7. Retention of title

The goods delivered remain the property of the Provider until payment has been made in full.

8. Liability for defects

8.1 The statutory rights in respect of defects apply. In relation to consumers, they are neither excluded nor restricted. The statutory limitation period applies.

8.2 If the book delivered is defective, for example due to printing errors that are not attributable to the Customer’s artwork, damage, faulty binding, missing or transposed pages or damage in transit, the Customer is initially entitled to subsequent performance (Nacherfüllung). In the case of an item made to order, this is generally effected by producing the book again. The Provider bears the costs required for this. If subsequent performance fails, the Customer is entitled to the further statutory rights, in particular price reduction, termination of the contract (Rücktritt) and, where applicable, damages in accordance with clause 9.

8.3 Defects are to be reported to support@sundaybooks.eu, stating the order number, a brief description and, where possible, a photo. It is not necessary to return the goods unprompted; the Provider will inform the Customer of the further procedure and bears the costs of a return insofar as this is necessary for subsequent performance. This information facilitates processing but is not a precondition for the Customer’s rights.

8.4 There is no defect in the case of:

• deviations and tolerances within the range customary in printing (clause 2.5)
• characteristics that are based on the Customer’s design and were recognisable in the preview pursuant to clause 2.4, such as typing errors, a wrongly chosen photo, an image crop set by the Customer or a full-bleed motif chosen by them
• blurriness of a photo whose resolution, insufficient for the chosen placement, was indicated to the Customer in the editor before ordering (clause 10.1)

8.5 Beyond the statutory rights, there is neither a satisfaction guarantee nor a right to exchange or return. The Provider assumes a guarantee within the meaning of § 443 BGB only if it expressly declares such a guarantee in text form.

9. Liability

9.1 The Provider is liable without limitation for damage resulting from injury to life, body or health and for damage that the Provider has caused intentionally or through gross negligence. The same applies insofar as the Provider has assumed a guarantee.

9.2 In the event of a slightly negligent breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the Customer may regularly rely, the Provider’s liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.

9.3 In all other respects, the Provider’s liability is excluded. Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.

9.4 The above limitations also apply to the personal liability of the Provider’s legal representatives, employees and vicarious agents.

9.5 As long as the Customer is merely designing, their book draft and their photos are held in their browser’s storage and not on the Provider’s servers. This changes as soon as they use the button “Buch sichern” (save book) in the editor; in this case, the Provider stores a copy so that the draft survives a change of device (see Privacy Policy, section 4.4). If the browser data are deleted, if the device or browser is changed or if the device’s storage is insufficient, the draft may be lost and cannot be restored by the Provider. The original photos remain the responsibility of the Customer. The Provider is liable for such a loss only in accordance with clauses 9.1 to 9.4.

10. Requirements for the Customer’s photos

10.1 The sharpness of a printed photo depends on how many pixels it has at its specific position in the book: the same photo will readily fill a small area but may no longer be sufficient for a full-bleed double page. The editor determines this for every photo at its position, displays the result and points out resolutions that are too low. Photos below the minimum resolution stated in the editor cannot be sent to print. If a photo lies between this lower limit and the printer’s target resolution, it is upscaled for the print file; the file thereby meets the printer’s specification, but the photo does not become sharper than the original as a result. If the Customer orders despite a notice having been displayed, the result does not constitute a defect (clause 8.4).

10.2 The Customer warrants that they hold all necessary rights to the photos, texts and other content that they insert in their book and that they do not thereby infringe any rights of third parties, in particular no copyright, trade mark, personality or data protection rights. Where persons are depicted, the Customer warrants that these persons have consented to the use. Where minors are depicted, the Customer warrants that they hold parental responsibility for them or that the consent of all holders of parental responsibility has been obtained.

10.3 If a third party asserts claims against the Provider on account of the content inserted by the Customer, the Customer shall indemnify the Provider against these claims and reimburse the Provider for the necessary costs of legal defence, insofar as the Customer is responsible for the infringement. The Provider will inform the Customer of any such claim without undue delay and will not make any acknowledgement or enter into any settlement without the Customer’s consent.

10.4 Content that violates applicable law is prohibited, in particular depictions that incite hatred against sections of the population, glorify violence or are pornographic, specifically child or juvenile pornography, as well as symbols of unconstitutional organisations. The Provider does not routinely review books. If it becomes aware of such content, it is entitled to refuse acceptance of the order or to terminate the contract (Rücktritt); further legal action remains reserved.

11. Copyright and rights of use

11.1 All rights to the Customer’s photos and texts remain with the Customer. The Provider does not acquire any rights of its own in them beyond the following.

11.2 The Customer grants the Provider a non-exclusive right, unrestricted in territory and limited to the processing of the order, to reproduce the Customer’s content for this purpose, to edit it technically (cropping, scaling, preparation for printing), to incorporate it into a print file and to transmit this file to the print service provider. This right ends upon completion of the processing of the order, at the latest upon expiry of the statutory retention periods.

11.3 The Provider does not use the Customer’s photos and texts for advertising, as a reference, on social media or for training AI models. A book is displayed publicly only with the Customer’s prior consent; refusing consent entails no disadvantage for the Customer.

11.4 The Provider’s design templates, layouts, sample content, graphics and fonts as well as the software of the editor are protected by copyright and remain the property of the Provider or its licensors. The Customer may use them to design their book, but not beyond that, and may not pass them on or exploit them separately from the book.

11.5 The Customer may freely use, give away and pass on the finished book.

12. Data protection

12.1 The handling of personal data and the service providers used are described in the Privacy Policy.

12.2 As long as the Customer is merely designing and does not use the button “Buch sichern” (save book), their photos remain in their browser. When an order is placed, the print data are transmitted to the print service provider that produces the book. Without this transmission, the contract cannot be performed.

12.3 The Provider does not send a newsletter. The Customer’s email address is used to process their order and to answer their enquiries, not for advertising purposes.

13. Consumer dispute resolution

13.1 The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body (§ 36 VSBG).

13.2 The Customer should address enquiries and complaints to support@sundaybooks.eu.

14. Final provisions

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the Customer, as a consumer, has their habitual residence remain unaffected by this choice of law.

14.2 If the Customer is a merchant (Kaufmann), 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 is the Provider’s registered office. For consumers, the statutory places of jurisdiction apply.

14.3 The version of these Terms that was published on the website at the time the order was placed is authoritative. It is sent to the Customer with the order confirmation by email.

14.4 Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

15. Design and ordering via WhatsApp

15.1 The Provider offers the option of having a book designed via WhatsApp. These Terms apply to contracts for a book designed in this way, subject to the following provisions. Insofar as this clause provides otherwise than the other clauses, it takes precedence.

15.2 The Customer sends their photos and, if desired, a title to a WhatsApp chat of the Provider. There, an AI assistant replies; it points this out in its first message. The assistant makes a selection from the photos and determines their order. It decides which photos are shown large and which one goes on the cover, chooses a design template and suggests a title if the Customer does not provide one. It may leave out blurred, almost identical or unsuitable photos; it says so in the chat. The Customer addresses change requests to the assistant as text or voice messages. Where the assistant cannot implement something, it asks. Messages in the chat do not constitute an order.

15.3 The preview images in the chat and the order page opened by the order link in the chat take the place of the preview in the editor (clause 2.4). The Customer checks them in accordance with clause 2.4, in particular the selection of the photos and the title. The version of the book that was last shown in the chat and ordered on the order page is printed.

15.4 The contract is concluded via the order page on sundaybooks.eu. There, the Customer chooses the cover type, quantity and country of delivery. Before submission, the order page shows the book, the total price and the shipping costs for the chosen country of delivery; until then, the Customer can change any selection. By clicking the button “Go to secure checkout”, the Customer reaches Stripe’s payment page; this click does not yet constitute an order. Only there does the Customer enter their name and delivery address as well as their email address, and they can change these details until payment has been completed. The payment page accepts only a delivery address in the chosen country of delivery; the Customer can change the country of delivery only on the order page. By clicking the payment button on the payment page, the Customer submits a binding offer. In all other respects, clauses 3.4 to 3.6 apply. A confirmation in the chat supplements the order confirmation by email but does not replace it.

15.5 How large a photo can appear in the book depends on how many pixels it has at its position (clause 10.1). The assistant also places photos large if they have to be upscaled for the print file; this does not make them sharper than the original. Photos that are insufficient even when upscaled are placed smaller. If a photo is below the minimum resolution even in the smallest frame, it remains in the book, and the book can only be ordered once the Customer sends the photo in a higher resolution or has it removed. If no photo is sufficient for the cover, the assistant asks for a photo in a higher resolution. WhatsApp reduces the size of photos when sending them. The Provider receives them in full resolution only if the Customer sends them in HD or as a file. A photo sent in reduced size may therefore appear visibly less sharp in print than on the Customer’s screen.

15.6 If the Customer sends photos to the chat, they and the book designed from them are held by the Provider and not in the Customer’s browser. Clauses 9.5 and 12.2 do not apply in this respect. A chat ends 7 days after the Customer’s first message. After that, a book that has not been ordered can no longer be ordered; photos and book are deleted and cannot be restored by the Provider. The original photos remain the responsibility of the Customer. Details are set out in the Privacy Policy, section 16.

15.7 Clause 6 also applies to a book designed via WhatsApp. It consists of the Customer’s photos, is designed according to the Customer’s instructions and change requests and is produced for the Customer only after their order.