Terms & Conditions
Last updated: 21 April 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 services currently offered (waitlist signup, pre-order deposit, paid services in the creator programme) and to the full order process for personalized decks once released for production. 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 does not constitute a legally binding offer but an invitation to submit an offer. By completing the ordering process, in particular by clicking 'Order now subject to payment', you submit a binding offer. The contract is concluded once we confirm receipt of the order by email or payment has been successfully processed. In the case of a pre-order, you pay a deposit of EUR 10.00 towards the later purchase price. The full purchase contract for the deck becomes binding only once you release the proof and production is confirmed; until then the deposit is fully refundable (see § 7 Withdrawal).
§ 3 Prices
All prices towards consumers are final prices including statutory VAT. Towards entrepreneurs, prices are stated exclusive of statutory VAT. Shipping costs are indicated separately during checkout.
§ 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 and shipped via drop-ship partners in Europe. The specific delivery time depends on product and destination and is indicated during checkout. Production only starts after you release the proof. Active production and shipping partners: Q-Play Manufactory (Netherlands), MakePlayingCards (HK) and The Gameboard Company (UK). For shipments outside the EU additional import duties may apply. 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 Right of withdrawal and exclusion for personalized goods (§ 312g(2) no. 1 BGB)
Before production begins (i.e. before you release the proof) you can cancel your order in full; any amounts already paid, including the pre-order deposit, will be refunded within 14 days to the same payment method. Once you release the proof and production starts, the statutory right of withdrawal lapses pursuant to § 312g(2) no. 1 BGB: the deck is made to your individual specifications (photos, names, possibly a logo) and is clearly tailored to your personal needs. We point out this exclusion again expressly during checkout and at the proof step; by clicking 'Release production' you confirm that you waive your right of withdrawal with knowledge of § 312g(2) no. 1 BGB. Any voluntary goodwill (e.g. obvious print errors or motif deviations that were not apparent in the proof) is handled under § 8 (Warranty).
§ 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 Azure OpenAI, Azure Face API, Azure Blob Storage) 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 Online dispute resolution and consumer arbitration
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are neither obliged nor generally 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.