Terms & Conditions
Last updated: 15 September 2026
These Terms & Conditions ('Terms') apply to all contracts concluded via keepsakedeck.com with Bryan Tüscher, trading as KeepsakeDeck (databryan, sole proprietorship under German law) ('Provider', 'we'). A consumer within the meaning of these Terms is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, at the time of concluding the contract, acts in the exercise of their trade, business or profession (§ 14 BGB). This English version is a translation. The German version is authoritative; German law applies.
§ 1 Scope and contract language
These Terms apply to all contracts concluded via keepsakedeck.com: the purchase of personalized card decks, waitlist signup and – where offered – pre-order deposits and services in the creator programme. Deviating terms of the customer are not accepted unless we expressly agree in writing. Contract language is German. English translations serve information purposes only; in case of discrepancies, the German version prevails.
§ 2 Formation of the contract
The presentation of products on the platform is not a legally binding offer but an invitation to place an order. By completing the order process – clicking 'Order with obligation to pay' and completing payment with our payment provider – you submit a binding offer. The contract is concluded when we accept your order by confirmation email or when the payment has been processed successfully; an automatic acknowledgement of receipt is not yet an acceptance. Where we offer a pre-order, you pay a deposit of €10.00 towards the later purchase price. The purchase contract for the deck only becomes binding once you approve your figures and place the order; until then the deposit is fully refundable.
§ 3 Prices
All prices are final prices. KeepsakeDeck applies the small-business exemption under § 19 German VAT Act (UStG); VAT is therefore neither charged nor shown, and no input-tax deduction is possible. Shipping within the stated delivery area is included in the price; should shipping costs apply, we show them separately before you order.
§ 4 Early-access discount
Waitlist members who complete a pre-order or purchase within the period stated in the confirmation email receive a 10% early-access discount (code `EARLY_ACCESS`). The discount is personal, redeemable once per waitlist account, cannot be combined with other discounts and is not paid out in cash. It is applied automatically at checkout once the email address matches a waitlist entry flagged for early access.
§ 5 Payment terms
Payment is processed via our payment service provider Stripe. We accept the payment methods shown during checkout. The purchase price or deposit is due immediately upon placing the order. We do not see or store complete payment data; these are processed exclusively by Stripe.
§ 6 Delivery and shipping
Decks are printed by our production partner MeinSpiel (Germany) and shipped to the delivery address you provide. The delivery area is currently Germany. We show the expected delivery time before you order; as a rule you receive your deck within 5 to 7 working days, and at the latest within 15 working days of payment. Production starts once you have approved all figures and paid for the order. If goods are lost or damaged in transit, we will replace them without delay. Towards consumers, § 475(2) BGB applies; towards entrepreneurs, risk passes on handover to the shipping service provider.
§ 7 No statutory right of withdrawal for personalized goods; voluntary cancellation right
For contracts on goods that are not prefabricated and whose production is determined by the consumer's individual choice or specification, there is no statutory right of withdrawal (§ 312g(2) no. 1 BGB). Your deck is made from your photos and details (names, dedication) and is clearly tailored to your personal needs. A statutory right of withdrawal therefore does not exist – regardless of whether production has already started. We point this out expressly before card creation begins and before you order. Voluntary cancellation right: until we hand your print job to the printer – as a rule within 24 hours of receipt of payment – you may nevertheless cancel your order free of charge in text form (e.g. by email to hello@keepsakedeck.com). Amounts already paid are refunded without undue delay, at the latest within 14 days, to the payment method used for the order. After handover to the printer, cancellation is no longer possible. Warranty rights for printing errors or deviations that were not recognisable in the preview remain unaffected (§ 8).
§ 8 Warranty
Statutory warranty rights apply (§§ 434 ff. BGB). The limitation period is two years from delivery for consumers and one year from delivery for entrepreneurs. No voluntary guarantee is provided. Note on personalized artwork: Blur or irregularities that necessarily result from the quality of the uploaded photos (e.g. resolution, exposure) do not constitute a defect as long as the output matches the proof. Deviations between on-screen display and print within customary commercial tolerances (colour profile, paper texture) are not defects.
§ 9 Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have expressly assumed. For slight negligence in breach of a material contractual obligation ('cardinal duty'), our liability is limited in amount to the damage typically foreseeable for this type of contract. Material obligations are those whose fulfilment is essential to the proper performance of the contract in the first place and on whose fulfilment the contractual partner may regularly rely. Any further liability for slight negligence is excluded. The foregoing limitations also apply to the personal liability of our statutory representatives and vicarious agents.
§ 10 Rights to photo uploads and generated card artwork
By uploading photos you grant us a simple, worldwide, non-transferable licence, limited to the duration of contract performance, to store the photos, technically process them, transmit them to the processors listed in our privacy policy (in particular Google Gemini, Microsoft Azure Face API, Azure OpenAI, Azure Blob Storage) and to our production partner and use them to generate, produce and ship your deck. After the retention periods stated in the privacy policy the photos are deleted. We grant you a simple, geographically and temporally unlimited licence to the generated card artwork for private, non-commercial use. Commercial use, in particular resale, editorial or promotional use of the artwork outside the ordered decks, is not covered by the standard contract and requires a separate written agreement. Title to the delivered physical decks passes to you upon full payment of the purchase price.
§ 11 Warranty and indemnification for photo uploads
You warrant that you hold all rights necessary for all photos you upload. This includes in particular: • copyright or equivalent licences in the photograph itself; • the right to one's own image of all depicted persons (§ 22 German Copyright in Works of Art Act (KunstUrhG), Art. 6(1)(a) GDPR: explicit consent of depicted persons to processing and to the creation of personalized card artwork); • for depicted minors, additionally the consent of the holders of parental responsibility; • for logos, trademarks or other protected content, the corresponding usage rights. You indemnify us against all third-party claims asserted against us on grounds of a violation of these rights, including reasonable costs of legal defence. We reserve the right to refuse uploads where there are concrete indications of a rights violation (e.g. clearly recognizable protected third-party trademarks, content with youth-endangering or criminal references) and to terminate the contract.
§ 12 Applicable law and place of jurisdiction
The laws of the Federal Republic of Germany apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU Member State, mandatory consumer-protection provisions of their home jurisdiction remain unaffected. Place of jurisdiction for disputes towards entrepreneurs, legal entities under public law or special funds under public law is our place of business in 35510 Butzbach, Germany. For consumers, the statutory place of jurisdiction applies.
§ 13 Consumer dispute resolution
We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board within the meaning of § 36 German Act on Consumer Dispute Resolution (VSBG).
§ 14 Final provisions
If any individual provision of this contract is or becomes invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a rule that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the provisions.