General terms of business (GTC) and consumer information

Date: 08/2016

General terms and conditions of business and consumer information in the context of purchase contracts concluded via the Onlineshop between Ralf Franz Fotodesign (hereinafter referred to as the “Seller”) and the Customer (hereinafter “Customer”).

§ 1 Scope and general notes

(1) Subject to individual agreements and agreements which take precedence over these General Terms and Conditions, the following general terms and conditions shall apply exclusively for the business relationship between the seller and the customer. Unless otherwise agreed, the customer’s own terms and conditions shall be rejected.

(2) The customer is a consumer insofar as he concludes the contract for purposes which can not be attributed predominantly to his commercial or his independent professional activity. On the other hand, entrepreneur is any natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The contract is concluded with:
Ralf Franz Fotodesign
Nikolausstraße 1
D-97082 Würzburg

(2) The essential characteristics of the goods are determined by the respective product description set by the seller.

(3) All offers in the seller’s Onlineshop are merely a non-committal invitation to the customer to submit a corresponding purchase offer to the Seller. As soon as the seller has received the customer’s order, the customer is first sent a confirmation of his order to the seller, usually by e-mail (order confirmation). The order confirmation does not constitute the acceptance of the order. Upon receipt of the order of the customer, the vendor will check this at short notice and inform the customer within two working days whether he accepts the order (order confirmation). The order process in the seller’s onlineshop works as follows:

(4) The customer can select products from the assortment of the seller and collect them by means of the button “Add to basket” in a so-called shopping basket. By clicking on the “Shopping Cart” button, the customer gets an overview of the selected products. With the “Buy Now” button, he makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change the data entered and the entered data at any time by means of the browser functions “Back” and “Next”, which are displayed as arrow keys. The application can only be submitted and communicated if the customer accepts these terms and conditions by clicking on the “Accept terms and conditions”. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the “print” function. The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded by the seller’s declaration of acceptance, which is sent with a separate e-mail.

§ 3 Subject matter of the contract, nature, delivery, product availability

(1) The subject matter of the contract shall be the goods and services specified in the order by the customer and the order and / or order confirmation to the final prices stated in the onlineshop. Errors and mistakes are reserved there, especially as regards the availability of goods.

(2) The quality of the goods ordered is derived from the product descriptions in the onlineshop. Illustrations on the website may reproduce the products only inaccurately; in particular colors, may deviate considerably for technical reasons. Pictures are only for viewing and may differ from the product. Technical data, weight, measurement and performance description are given as precisely as possible, but may have the usual deviations. The characteristics described here do not constitute defects of the products delivered by the seller.

(3) If at the time of the customers order no copies of the product selected by him are available, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not accept a declaration of acceptance. A contract is not concluded in this case.

(4) If the product designated by the customer in the order is only temporarily unavailable, the seller also immediately notifies the customer in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, he will refund any payments already made by the customer without delay.

§ 4 Delivery, Prices, Shipping Costs

(1) Delivery to the shipping company shall take place no later than two days after receipt of payment, at the latest two days after the order confirmation. The delivery time is up to five days. The Seller shall refer to the respective product page for any differing delivery times.

(2) Delivery is only within the EU.

(3) All article prices include value-added tax. The prices shown are final selling prices plus shipping costs. The customer receives an invoice showing VAT.

§ 5 Payment

The payment is done in advance (PayPal).

§ 6 Transport damages

(1) If goods are delivered with obvious transport damage, the customer is requested to immediately report these errors to the deliverer and to contact the seller as soon as possible.

(2) Failure to make a complaint or to make a contact has no consequences for the statutory warranty rights of the customer, but helps the seller to assert his own claims against the freight carrier or the transport insurance.

§ 7 Non-performance guarantee

(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB.

(2) A guarantee for the goods supplied by the supplier only exists if this has been expressly stated in the order confirmation of the respective article.

(3) Complaints and claims for defects can be submitted under the address given in the suppliers name.

§ 8 Reservation of title

The goods delivered remain the property of the vendor until full payment has been received.

§ 9 Liability

The statutory provisions apply.

§ 10 Contract text

The contract text is stored on the seller’s internal systems. The General Terms and Conditions can be viewed at any time on the website. The order data and the terms and conditions are sent to the customer by e-mail. Once the order has been completed, the ordering data are no longer accessible via the Internet for security reasons.

§ 11 Final provisions

(1) The contract language is German.

(2) The laws of the Federal Republic of Germany apply to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice shall only apply to consumers if the protection granted by mandatory provisions of the law of the State of the habitual residence of the consumer is not withdrawn from the customer.

(3) If the customer is a merchant, a legal person of public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relations between the customer and the seller is the place of business of the seller. This also applies if the customer does not have a general court of jurisdiction in Germany or the EU, or his place of residence or habitual residence is not known at the time the action is brought.

Source: Rechtsanwalt Metzler – Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.