Terms and Conditions and Right of Withdrawal
General terms and conditions of the online shop
1.1 These General Terms and Conditions (hereinafter “GTC”) of Farbklang Fotografie (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) with the seller with regard to the seller's Online shop completes goods shown.
1.2 Our general terms and conditions apply exclusively to our services. Any deviating general terms and conditions and / or purchase conditions of the customer are contradicted.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
1.4 Digital content in the sense of these terms and conditions refer to all data that are not on a physical data medium, which are produced in digital form and provided by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form linked in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods (digital) to the customer, whereby the access of the goods to the customer is decisive, or
• by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 Before the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The order processing and contacting usually take place
via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be
received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be
3) Right of withdrawal
3.1 According to the law, digital products are not suitable for return due to their nature. There is therefore no right of withdrawal.
By completing the purchase the customer agrees and explicitly requests the begin performance of the contract. The customer must be aware that he loses his cancellation right for download products upon commencement of performance of the contract and for services upon complete fulfillment of the contract.
Exclusion or premature expiry of the right of withdrawal
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices indicated are final prices. If applicable, the statutory value added tax may not be included for certain goods / services, but will be added to the stated price. This is indicated in the relevant information. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of cancellation effectively, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller gave him the right the service had announced a reasonable time in advance.
5.3 Pick-up is not possible for logistical reasons.
5.4 Digital content is only provided to the customer in electronic form as follows:
• by download
• by email
6) Granting usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided for private and business purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. Such a provisional permit does not result in a transfer of rights.
7) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
8.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
9) Applicable law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.