For the business relations between the web shop owner stated in the imprint - hereinafter referred to as the photographer - and the customer, the following general terms and conditions apply exclusively in the version available on the website at the time of the order.
§ 2 Contract content
The customer places the order with the photographer for the production of print and other media from digital photo source material, in particular photo prints, posters, etc. The rights to the original work and the digital photo data, however, remain entirely with the photographer. The contract is concluded when the order given by the customer is accepted by the photographer by separate email or by sending the goods. The information on the website is merely an invitation to the customer to submit an offer dar. The photographer is entitled to erroneously wrongly stated prices on the website. If a correction leads to a price increase, the purchaser may refrain from his submitted offer.
§ 3 Prices
The delivery of the goods takes place at the prices valid on the day the order is placed by the customer and stated on the photographer's website. All prices are in Euro (EUR) and include the applicable statutory sales tax and other price components. Shipping costs are shown separately. Shipping to countries outside the European Union may incur additional custom charges. These are not included in the price and must be paid by the customer.
§ 4 Right of Withdrawal, Right of Return
The right to cancel the contract for distance selling contracts is excluded in accordance with § 312 d Abs. 4 No. 1 BGB, since the created photo products are made according to the wishes and information of the purchaser and are produced and tailored to his personal needs.
§ 5 Liability
The photographer is liable for damages according to the amount according to the following regulation:
(1) The photographer is liable indefinitely for damages caused by him or one of his vicarious agents or legal representatives intentionally or through gross negligence.
(2) In the event of damage resulting from injury to life, limb or health, the liability is unlimited even in the case of a simply negligent breach of duty.
(3) The same applies to damages based on the lack of a guaranteed quality.
(4) In the event of a breach of essential contractual obligations (cardinal obligations), the photographer is liable for the amount limited to the contractually foreseeable damage, unless there is already an unlimited liability according to paragraphs 2 to 4. Cardinal duties are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely.
(5) Any further liability is excluded, in particular a strict liability.
(6) Liability under the Product Liability Act remains unaffected.
§ 6 Warranty for defects
The goods are to be checked immediately upon receipt for completeness and defects. Subsequent complaints due to incomplete or inadequate delivery or service can not be considered. Insofar as there is a defect in the goods, the purchaser is entitled, at his discretion, to remedy the defect in the form of remedy of the defect or to deliver a new defect-free product. However, the photographer may refuse the chosen supplementary performance, if this can be done only with disproportionate costs and if the other type of remedy would bring no significant disadvantages for the purchaser. If the subsequent performance has failed, the customer may, at his discretion, declare his withdrawal from the contract or reduce the purchase price. A special nature of the goods to be delivered is not agreed. The delivered goods are defective if they do not meet the technical standard of digital photo development and processing. Color deviations between the products and the differently displayed image files on different screens can not be technically avoided, they are therefore no defects. Likewise, there is no defect if, despite warning, the orderer orders a format or photo product for which the original image file does not exhibit optimum resolution and thus the image quality is impaired (for example, pixelation, blurring). The photographer does not guarantee the quality or durability. In the case of orders of an entrepreneur ordering goods in the course of his commercial or independent professional activity, the following additionally applies: the customer undertakes to inspect the goods immediately upon receipt and to notify any apparent defects within one week in writing stating the defect. If the purchaser fails to observe the ad, the delivered goods are considered as approved. The same applies to later defects.
§ 7 Shipping
The photographer supplies the customer according to commercial conditions. Transport route and means are determined by the photographer or his vicarious agents, unless expressly agreed otherwise. The photographer is entitled to partial deliveries. The costs are calculated according to the prices on the shop page. Any delay in delivery does not entitle the purchaser to claims for damages, unless otherwise stipulated in § 5 of these GTC. Delivery delays do not entitle to refusal of acceptance. Non-arrivals are to be reported within 10 working days. If the customer fails to submit the advertisement, the goods are deemed to have been successfully delivered.
§ 8 Payment, offsetting, retention of title
Orders are to be paid by the customer either by invoice or advance transfer. The order amount per orderer and order for payment against invoice is limited to 100 EUR. When paying by invoice, the invoice amount is due upon receipt of the goods at the customer and payable. It is agreed between the seller and the buyer that the invoice is due 10 days after receipt of the goods. Payments are deemed to have been made on the day they are received by the recipient. If the customer is in default of payment by receiving a reminder after due date, the photographer may demand default interest in the amount of the statutory interest rate. In case of default reminder fee is agreed: For the first reminder 3 Euro will be due, a second reminder will be charged with 7.50 Euro. The possibility of assertion of the further damage caused by the delay by the photographer remains unaffected. In the event of non-payment of a direct debit, we are entitled to ask the bank of the buyer for the address of the account holder or purchaser. Offsetting by the purchaser is only possible if his counterclaims have been legally established or are not disputed or acknowledged by the photographer. Until full payment, the delivered products remain the property of the photographer.
§ 9 Data Protection
For order processing personal data of the customer are collected by the photographer. In the collection, processing and use of his personal data, the purchaser has agreed separately prior to conclusion of the contract. The collection, processing and use of personal data takes place exclusively for the purposes specified in the data protection declaration. The collection, processing and use of personal data of the customer is done in compliance with the General Data Protection Regulation (DSGVO) and the Teleservices Data Protection Act (TDDSG). All data will be treated confidentially. In the case of the revocation of the consent for the future by the customer, the photographer commits to the immediate deletion of personal data, unless the order processing is not completed.
§ 10 Jurisdiction, applicable law
In case of legal disputes in connection with this business relationship, German law applies exclusively, excluding the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected. If the purchaser has no domicile or habitual residence in Germany or if the purchaser is a merchant and trades in this capacity, Leipzig is agreed as the place of jurisdiction for all disputes arising from the business relationship.
§ 11 Severability clause
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected.
Only the German version of the terms is legally binding while the English translation is for convenience only.
