Terms and conditions
§1 Applicability to entrepreneurs and definitions
(1) The following general terms and conditions apply to all deliveries between us and a consumer in their version valid at the time of the order.
(2) The terms and conditions of the client which deviate from the hereinafter conditions are not recognized. Such deviating business conditions are also not recognized, when the photographer does not expressly disagree.
(3) Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation (§ 13 BGB).
§2 Occurrence of a contract, storage of the contract text
(1) The following regulations regarding the conclusion of the contract apply to orders placed via our Internet shop http://www.photos4emotions.de.
(2) In the event of the conclusion of the contract, the contract shall come about with
Michael Herzog, mh photography
Sales tax identification number in accordance with § 27a Sales tax law (UStG): DE 277222511
(3) The presentation of the goods in our Internet shop does not constitute a legally binding contract offer on our part, but are only a non-binding request to the consumer to order goods. By ordering the desired product, the consumer makes a binding offer to conclude a purchase.
(4) The acceptance of the offer takes place in writing or in text form or by sending of the ordered goods within two weeks. After expiry of the deadline, the offer shall be deemed rejected.
(5) Upon receipt of an order in our Internet shop, the following rules apply: The consumer issues a binding contract offer by successfully running through the ordering procedure provided in our Internet shop. The order is made in the following steps:
1) Selection of desired goods (including number and format)
2) Confirm by clicking the “Add to Cart” Button
3) Check the details in the shopping basket (“View basket”)
4) Press the button “continue to checkout”
5) Enter the billing and delivery address; if necessary Log-in data (e-mail address and password)
6) Recheck or correct the respective entered data
7) Binding sending of the order by clicking the button “pay” or “buy”
The consumer can return to the Internet site before the binding sending of the order by clicking on the “back” -button contained in the Internet browser used by him, after checking his data, on the Internet site on which the customer’s data are recorded and corrects input errors and / or Close the Internet browser to cancel the order process. We confirm the receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer takes place in writing, in text form or by sending the ordered goods within weeks.
(6) Storage of the contract text for orders via our Internet shop. You can always read the terms and conditions at http://www.photos4emotions.de. For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping charges, payment, due date
(1) The indicated prices include the statutory value-added tax and other price components. Added to this are possible shipping costs.
(2) The consumer has the option of payment in advance or via PayPal.
(3) If the consumer has chosen payment in advance, he commits to pay the purchase price immediately after conclusion of the contract.
(1) Unless otherwise stated in the product description, all articles offered by us are immediately ready for dispatch. The delivery takes place here within 10 working days. In this case, the deadline for the delivery begins in the event of payment in advance on the day after payment order to the bank commissioned with the transfer and for all other forms of payment the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or legal holiday at the place of delivery, the deadline shall end on the next working day.
(2) The risk of the accidental loss and the accidental deterioration of the goods sold will also be transferred to the buyer when the item is handed over to the purchaser.
§5 Reservation of title
We reserve the ownership of the goods until full payment of the purchase price.
§6 Right of revocation of the customer as consumer:
Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which can not be attributed predominantly to his commercial or self-employed occupation:
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, have or has taken possession of the goods. To exercise your right of revocation, you must contact us
Michael Herzog, mh photography
by means of a clear statement (for example, a letter or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
If you revoke this contract, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us), within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.
If you are unable to return or receive the received service in part or only in a deteriorated condition, you must provide us with a replacement license. For the deterioration of the matter, you must only provide us with the value of the goods, as far as the deterioration is due to a circumstance with the matter, which goes beyond the examination of the characteristics and the function. “Testing the properties and functionality” is the testing of the respective goods, as it is possible and customary in a store.
Transportable items are to be returned at our risk. You bear the direct costs of the return of the goods if the goods delivered correspond to the ordered goods and if the price of the returned item does not exceed 50 Euros or if you have not yet provided the goods at a higher price of the goods at the time of the revocation. Otherwise, the return is free for you.
The right of revocation does not exist, among other things, in the case of remote sales contracts for the delivery of goods which are not prefabricated and whose production is subject to an individual selection or provision by the consumer or which are clearly tailored to the personal needs of the consumer.
End of revocation
Model withdrawal form
(If you want to revoke the contract, please fill out this form and return it.)
Michael Herzog, mh photography
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
The legal warranty regulations apply.
§9 Liability for defects
(1) The quality of the goods ordered is determined by the product descriptions in the offer. Illustrations on the website may show the products only inaccurately. In particular, colors for “technical reasons” (for example due to the technical equipment of the buyer) may differ significantly. Product illustrations are merely a visual material and may differ from the product. Technical data, weight, dimension and performance descriptions may also show the usual deviations despite careful investigations.
(2) All mentioned, possible deviations in the product properties are not a defect.
(3) Claims of the buyer against the supplier for damages are in principle excluded. Excluded from this are only those from injury to life, body, health or a violation of the main obligations arising from the purchase contract as well as for other damages which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. In the event of a breach of the main obligations arising from the purchase contract by the supplier, the supplier shall only be liable in the amount of the contractual damage. Any claims for lost profits due to a planned resale are excluded.
§10 Contractual Language
As contract language German will be available exclusively.
§11 Final provisions
(1) For contracts between the provider and the customer, the law of the Federal Republic of Germany applies to the exclusion of the UN purchase right, also for deliveries abroad.
(2) If the customer is a merchant, a legal entity of public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relations between the customer and the supplier is the place of residence of the provider.
(3) The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions. In this case, the parties commit to replace the invalid provision with a meaningful and effective provision which comes as close as possible to the intended regulation, both economically and legally.
State of terms and conditions: March 2015
The layout of the homepage, the used graphics and pictures, the collection as well as individual contributions are protected by copyright and may not be used without written permission. We reserve all rights, including those of photomechanical reproduction, reproduction and distribution by means of special procedures (for example, data processing, data carriers and data records), also in part.