General terms and conditions of business
§ 1 Scope
For business relations with the customer, the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to orders placed via the Internet.
§ 2 Conclusion of Contract
By submitting an order, the customer makes an offer in accordance with Section 145 of the German Civil Code (BGB). The customer receives confirmation of receipt of the order by email. We will inform the customer separately of any possible errors in the information about the range on our website and make a corresponding counter-offer.
The customer waives receipt of a declaration of acceptance, § 151 S.1 BGB. The contract with us is concluded when we accept the customer's offer in writing or in text form within 10 days or send the ordered goods or the customer pays in advance. If the customer wishes to finance a transaction, the contract is concluded when the financing confirmation is sent.
§ 3 Delivery, shipping costs, transfer of risk
Delivery is made at the shipping costs stated in each individual case. If the customer is a consumer, we always bear the shipping risk regardless of the shipping method. If the customer is a business, all risks and dangers of shipping are transferred to the customer as soon as we have handed over the goods to the commissioned logistics partner.
§ 4 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 5 Payments
Only the payment methods shown to the customer during the ordering process are accepted.
§ 6 Warranty
It is guaranteed that the goods have the agreed quality or are free from material defects at the time of delivery. This means that the goods are suitable for the use stipulated in the contract or are suitable for normal use and have a quality that is usual for items of the same type and that the customer can expect based on the type of item and/or the announcement from us or the manufacturer. Properties of the goods according to our information, labeling or advertising only form part of the agreed quality for businesses if this is expressly stated in the offer, confirmed by us in writing or marked in the order confirmation.
If the purchase is a commercial transaction for both parties within the meaning of Section 343 of the German Commercial Code (HGB), Section 377 of the German Commercial Code (HGB) applies.
Section 478 of the German Civil Code (BGB) remains unaffected by the following provisions.
The warranty period begins when the goods are received by the customer.
For new goods, the warranty period is 2 years.
Irrespective of the following provisions for shortening the warranty period for used goods, a period of two years applies to the limitation period for claims for damages under the warranty in the event of injury to life, body or health that is based on a negligent breach of duty on our part or on an intentional or negligent breach of duty on the part of our legal representative or vicarious agents.
Furthermore, regardless of the following provisions for shortening the warranty period for used goods, a period of two years applies to the limitation period for claims for damages under the warranty for other damages that are based on a grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty on the part of our legal representative or vicarious agents.
In addition, a one-year warranty applies to used goods if the customer is a consumer. The warranty for used goods is excluded if the customer is a businessperson.
In the event of a defect, you have the option of initially claiming the statutory claims for subsequent performance (remedy of the defect or subsequent delivery). If the statutory requirements are met, you also have the right to a reduction in the purchase price or to withdraw from the contract and to claim damages and reimbursement of wasted expenditure.
Subsequent performance can be refused if it is only possible at disproportionately high costs. Withdrawal is excluded if the defect is insignificant.
§ 7 Consumer information in distance selling contracts for the purchase of goods
We are not subject to any specific codes of conduct not mentioned above.
You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
The essential characteristics of the goods we offer as well as the duration of validity of limited offers can be found in the individual product descriptions on our website.
The language available for concluding the contract is exclusively German.
Complaints and warranty claims can be submitted to the address provided in the provider identification.
You can save the contract text to your computer by clicking the right mouse button in your browser or print it out using the print function in your browser. The contract text for orders in our online shop is not accessible to the customer.
We also store the contract text.
Please refer to the offer for information regarding payment, delivery or fulfillment.
During the ordering process in the online shop, you will be informed about options for identifying and correcting input errors.
§ 8 Miscellaneous
The law of the Federal Republic of Germany applies to the contractual relationship between us and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The exclusive place of jurisdiction is the court at our place of business if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. We also have the right to sue at the customer's place of business.
§ 9 Severability Clause
Should individual provisions of this contract be invalid in whole or in part or should they later lose their legal validity, the validity of the contract shall otherwise not be affected.
§10 Cancellation Policy
Right of Withdrawal for Consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Marc's Fotobörse, Ursuliner Straße 3-5, 52062 Aachen, Tel. + 49 - 241 - 33 710, Fax: + 49 - 241 - 40 66 06, info@photoboerse.ac) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another unambiguous declaration on our website http://www.photoboerse.ac/widerruf . If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
end of the cancellation policy
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs;
- for the delivery of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts; the right of withdrawal expires prematurely for contracts
- for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information on your use of this website generated through the cookie is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent cookies from being stored by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. In addition, you can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link [ http://tools.google.com/dlpage/gaoptout?hl=de ].
Please refer to our General Terms and Conditions for further information:
http://www.google.com/analytics/de-DE/tos.html
Please also note Google’s privacy policy at:
http://www.google.com/intl/de/privacypolicy.html#information