General Terms and Conditions (GTC) for IRIS PHOTO.ART branches

1. Scope of application and contractual partners

These General Terms and Conditions apply to all purchases from the respective local franchise company of IRIS PHOTO.ART that you make directly at our shop. The specific shop location and the details of the responsible local franchise company will be provided at the point of purchase. Each local franchisee of IRIS PHOTO.ART is independently responsible for sales and realization at their specific location. IRIS PHOTO.ART is headquartered at Anton-Zickmantel-Strasse 50, 04249 Leipzig, Germany. With your purchase, you accept these terms and conditions as well as the privacy policy and any additional agreements that apply specifically to the respective local franchise company.

Responsible for sales and realization at each shop:

2. Offer and conclusion of contract

The sales contract between you and the respective local franchise company is concluded as soon as one of our employees accepts your offer through a corresponding action. This action may include processing your payment, issuing a receipt or proof of purchase, or verbally confirming acceptance. In certain cases, acceptance may also take place by handing over the purchased goods to you.

3. Prices and terms of payment

The prices for our products are final prices including all taxes, as displayed in the shop. These prices may differ from those on our website or other advertising material and are decisive for the purchase.

Payment is made directly at the shop at the time of purchase. We accept cash as well as the most common credit and debit cards.

4. Customised production and right of withdrawal

For Germany:

As our products are customised art prints made individually according to customer requirements, there is no right of withdrawal. This applies to all orders placed via our website http://www.irisphoto.art as well as in all our galleries, at trade fairs and other sales events. In accordance with § 312g para. 2 no. 1 BGB, there is no right of cancellation for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. We ask for your understanding that these personalised products cannot be exchanged or returned as they are made especially for you. Every purchase is binding after completion and the customer is obliged to pay the purchase price.

For France:

As our products are personalised art prints made individually according to the customer's wishes, there is no right of resale. This rule applies to all orders placed on our website http://www.irisphoto.art, as well as in all our galleries, fairs and other sales events. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised. We ask you to understand that these personalised products are excluded from exchange and return, as they are made especially for you. Each purchase is finalised once and the client is obliged to pay the purchase price.

For Spain:

As our products are customised art prints individually manufactured according to the customer's wishes, there is no right of withdrawal. This applies to all orders placed via our website http://www.irisphoto.art as well as at all our galleries, fairs and other sales events. In accordance with article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal may not be exercised in contracts relating to the supply of goods made to the specifications of the consumer and user or clearly personalised. We ask for your understanding that these personalised products are excluded from exchange and return, as they are made especially for you. Each purchase is final upon completion and the customer is obliged to pay the purchase price.

For Portugal:

As our products are personalised art prints made individually according to the customer's wishes, there is no right of withdrawal. This applies to all orders placed via our website http://www.irisphoto.art, as well as at all our galleries, fairs and other sales events. In accordance with Article 17 of Decree-Law no. 24/2014 of 14 February, which transposes Directive 2011/83/EU on consumer rights into national law, the right of withdrawal does not apply to contracts for the supply of goods made to measure or clearly personalised to the consumer's specifications. We ask for your understanding that these personalised products are excluded from exchange and return, as they are made especially for you. Each purchase is final once completed and the customer is obliged to pay the purchase price.

For Switzerland:

As our products are made as customised art prints according to the customer's wishes, there is no right of cancellation. This applies to all orders placed via our website http://www.irisphoto.art, as well as in all our galleries, at trade fairs and other sales events. In accordance with the Swiss Code of Obligations (OR), in particular Art. 40a OR, which regulates distance selling contracts, the right of cancellation is excluded for contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs. We ask for your understanding that these personalised products cannot be exchanged or returned as they are made especially for you. Each purchase is binding upon completion and the customer is obliged to pay the purchase price.

For Malta:

As our products are made as customised art prints according to individual customer requirements, there is no right of withdrawal. This applies to all orders placed via our website http://www.irisphoto.art, as well as purchases made in all our galleries, at fairs and other sales events. According to the Maltese Consumer Protection Act, in particular Article 16(c) of Directive 2011/83/EU on Consumer Rights, which has been transposed into Maltese law, the right of withdrawal is excluded for contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. We ask for your understanding that these personalised products are excluded from exchange and return, as they are made especially for you. Each purchase is binding upon completion and the customer is obliged to pay the purchase price.

For Mauritius:

Given that our products are personalised artistic impressions made individually according to the client's wishes, there is no right of retraction. This applies to all orders placed via our website http://www.irisphoto.art, as well as in all our galleries, during sales and other sales events. According to the law of marketing, in particular the provisions applicable to contracts of sale which can be found in the Consumer Protection (Fair Trading) Act, contracts for the supply of goods packaged in accordance with the specifications of the consumer or which have been personalised do not benefit from the right of resale. We ask for your understanding of the fact that these personalised products are excluded from exchange and return, as they are specially made for you. Each purchase is finalised once and the client is obliged to pay the purchase price.

5. Shipping and delivery conditions

When ordering murals and other products that require production by our production partner, delivery will be made to the address specified by the customer, unless otherwise specified. The address specified during the ordering process is decisive for delivery.

If the delivery is unsuccessful due to circumstances for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.

The option of self-collection is possible by prior arrangement with the gallery staff under certain conditions.

Digital products are made available to the customer exclusively in electronic form, namely by e-mail.

Vouchers are delivered to the customer in one of the following ways: either by e-mail or as a printed version that can be purchased directly in the galleries.

6. Data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations and our privacy policy, which can be viewed in our branches.

7. Redemption of gift vouchers

Vouchers that can be purchased via the online shop or in a branch of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the respective gallery provided for this purpose, unless otherwise stated on the voucher

Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the first year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date

Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

Several gift vouchers can be redeemed with one order.

Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

The balance of a gift voucher is neither paid out in cash nor does it bear interest.

The gift voucher is transferable. 

8. Warranty for defects

Should the purchased product have defects, the statutory provisions on liability for defects shall apply.

Buyers acting as consumers are requested to report any goods received on delivery with obvious transport damage to the delivery service and to inform the seller accordingly. However, failure to do so will not affect the buyer's statutory or contractual rights in respect of liability for defects.

9. Disclaimer

The use of IRIS PHOTO.ART services and products, including iris photography, is at the customer's own risk. We assure you that our iris photography technology is safe and does not cause any damage to the eye according to current scientific knowledge. IRIS PHOTO.ART, its owners, employees, franchisees or agents shall not be liable for any direct, indirect, incidental, consequential or other damages arising out of the use or inability to use the services or products offered, including, but not limited to, damages resulting from loss of data or profit, even if IRIS PHOTO.ART has been advised of the possibility of such damages. IRIS PHOTO.ART's liability is limited to the amount paid by the customer for the service or product in question.

IRIS PHOTO.ART accepts no liability for damage or loss caused by force majeure, including but not limited to natural disasters, strikes, riots, acts of war or government measures. The content presented in our branches and on our website has been created with the utmost care. However, IRIS PHOTO.ART cannot accept any liability for the accuracy, completeness and topicality of the content.

Liability for injury to life, limb or health based on a negligent breach of duty by IRIS PHOTO.ART or an intentional or negligent breach of duty by a legal representative or vicarious agent of IRIS PHOTO.ART remains unaffected by the above limitations of liability.

This exclusion of liability does not constitute a waiver of rights to which the customer is legally entitled and does not affect IRIS PHOTO.ART's liability in cases where exclusions of liability are not permitted by law.

10. Final provisions and applicable law

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The law of the country in which the branch has its registered office shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Privacy policy for IRIS PHOTO.ART galleries and shipping services

1. Responsibility and purpose

This privacy policy applies to the processing of personal data by IRIS PHOTO.ART franchisees specialising in iris photography in their local branches. The aim is to inform our customers about the processing of their personal data, including photographs, and their protection.

The person responsible for the processing of personal data within the meaning of the General Data Protection Regulation (GDPR) differs depending on the gallery. For each gallery, the relevant controller is defined as follows:

2. Data collection, processing and use

Personal data: When you make a purchase or place an order in one of our stores, we collect personal data such as your name, address, email address and payment information in order to process your order and enable shipment. In accordance with Art. 6 para. 1 lit. b GDPR, this personal data is collected and processed if you provide it to us for the fulfilment of a contract or when opening a customer account. Deletion of your customer account is possible at any time and can be arranged by sending a message to the above address of the data controller. We will store and use the data provided by you in order to fulfil the contract. Once the contract has been fully performed or your customer account has been deleted, your data will be blocked in accordance with tax and commercial law retention periods and will be deleted after these periods have expired, unless you have expressly consented to the further use of your data or we reserve the right to use the data beyond this to the extent permitted by law.

Photographing: Customers who use our services are photographed by our trained staff. This produces high quality images of their irises.

Anonymous image data processing: The images are processed either in-house or by an external studio, while protecting the customer's identity. The images are given a unique code for internal processing and cannot be linked to our customer data by the external service provider.

Biometric recognition: In our processing at IRIS PHOTO.ART, we convert the iris photo data into artistic images that enhance the individual beauty of the iris. This conversion changes the position of the iris features in such a way that they cannot be used to identify or recover biometric data. To protect your data and ensure your privacy and security, we only store the finished artwork. All original images are deleted by us once the order has been successfully processed and the goods received by the customer.

3. Use of customer information for direct marketing and promotional purposes

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you periodic offers by e-mail for goods or services similar to those you have already purchased from our range. In this respect, data processing will be carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f GDPR.

In addition, with your express consent, which you give when placing your order with IRIS PHOTO.ART, your image data and any other personal data provided by you may be used for advertising purposes. This includes, for example, use in marketing materials or presentation on our website. This processing is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. You have the right to revoke this consent at any time with effect for the future by contacting our customer service. Upon receipt of your objection, the use of your data for these promotional purposes will be immediately discontinued.

4. Transfer of data

In order to process your order, we work with the following service providers who assist us in fulfilling all or part of the contracts we have entered into. Certain personal data will be transferred to these service providers in accordance with the following information. The legal basis for the transfer of data is Art. 6 par. 1 lit. b GDPR.

Transfer to the image producer: If necessary, processed images are transmitted to our printing partner "Whitewall GmbH" (address: Europaallee 59, 50226 Frechen) via a secure system for printing.

Transfer to delivery service providers: In order to deliver the goods to you, Whitewall GmbH may use this information to arrange shipping via selected shipping service providers.

Shipping service providers may include, but are not limited to:

• DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn)

• DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg)

• FedEx (FedEx Express Germany GmbH, Langer Kornweg 34 k, 65451 Kelsterbach)

• TNT (TNT Express GmbH, Haberstraße 2, 53842 Troisdorf)

• UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss)

Type of data transferred::

Depending on the shipping company chosen and the need to coordinate the delivery date or notification of delivery, your e-mail address and/or telephone number, as well as the name of the recipient and the delivery address, may be communicated.

Your data will only be disclosed with your express consent in accordance with Art. 6 par. 1 lit. a GDPR or, if no consent has been given, for the performance of the contract in accordance with Art. 6 para. 1 lit. b GDPR.

You have the right to withdraw your consent at any time with effect for the future. This can be done either to us as the data controller or directly to the delivery service provider.

Please note that the effective delivery of goods may be restricted without the disclosure of certain data to the shipping service provider.

Access and transfer of data to franchise head office: Within the framework of our franchise structure, the franchise headquarters of the company "Kollektiv Lumen - Mayrl und Colin GbR" with its registered office at Anton-Zickmantel-Straße 50 in 04249 Leipzig, Germany, as the franchisor of all IRIS PHOTO.ART branches, has access to all customer data, including image data, for operational reasons. This access is used exclusively for quality control, customer care, ensuring a standardised level of service and the implementation of marketing measures. Access to the data is strictly limited to authorised personnel, who have undertaken to comply with data protection principles in accordance with the General Data Protection Regulation (GDPR).

The disclosure of and access to data is governed by Art. 6 para. 1 lit. f GDPR, based on our legitimate interest in ensuring a consistent and high quality service in all IRIS PHOTO.ART branches. Appropriate technical and organisational measures are taken to ensure a high level of security and privacy when processing your data.

5. Digital delivery of processed images

In addition to the physical delivery of the artwork, we offer our customers the option of receiving a digital version of their finished iris photo. This digital delivery takes place via the ODOO ERP system, which guarantees secure and encrypted e-mail communication. During this transmission, we limit ourselves to the personal data necessary for the delivery, namely your e-mail address, and we strictly comply with the data protection guidelines pursuant to Art. 6 par. 1 lit. b GDPR for the fulfilment of the contract.

To guarantee the security of your data, we use the latest encryption technology and ensure that your digital images are transmitted securely. Your email address will only be used for this purpose and will not be disclosed to third parties or used for any other purpose without your express consent.

You have the right to revoke this consent to digital delivery and use of your email address at any time by contacting the Controller at the above address. Upon receipt of your revocation, the processing of your e-mail address for this purpose will cease immediately.Access by Franchise Headquarters: For operational reasons, Franchise head offices have access to all image data. Access is restricted to authorised personnel.

6. Changes to the privacy policy

We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law or changes to our services. 

7. Duration of storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of the processing and - if applicable - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law)

When processing personal data on the basis of express consent pursuant to Art. 6 para. 1 lit. a GDPR, these data are stored until the data subject withdraws his or her consent.

If there are legal retention periods for data that are processed within the framework of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data is routinely deleted after the expiry of the retention periods, provided that it is no longer required for the fulfilment or initiation of the contract and/or we no longer have a legitimate interest in its further storage.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, these data are stored until the data subject has exercised his or her right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data is deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

8. Rights of data subjects

The applicable data protection law grants you extensive rights (rights of access and intervention) vis-à-vis the data controller with regard to the processing of your personal data, of which we inform you below:

Right of access pursuant to Art. 15 GDPR: In particular, you have the right to be informed about the personal data we are processing, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the intended storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure or restriction of processing, the existence of a right to rectification, erasure or restriction of processing, the existence of a right to object to processing, the existence of a right to lodge a complaint with a supervisory authority, the origin of your data if we did not collect them from you, the existence of any automated decision making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed about the guarantees provided for in Art. 46 GDPR in case your data are transferred to third countries.

Right of rectification under Art. 16 GDPR: You have the right to obtain without delay the rectification of inaccurate data concerning you and/or the completion of incomplete data stored by us.

Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.

Right to restrict processing under Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data for as long as the accuracy of your data which you dispute is being verified, if you refuse to delete your data due to unauthorised data processing and instead request the restriction of the processing of your data, if you need your data for the establishment, exercise or defence of legal claims after we no longer need them once the purpose has been achieved, or if you have raised an objection on the grounds of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail.

Right of access according to Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.

Right to data portability under Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible.

Right to withdraw consent given pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. Withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal.

Right to lodge a complaint under Art. 77 GDPR: If you believe that the processing of personal data concerning you is in breach of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you have your habitual residence or place of work or where the alleged breach occurred, without prejudice to any other administrative or judicial remedy.