I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to all contracts concluded with us as the provider (Photo & Event C.S. GmbH & Co. KG, Alte Poststraße 5, 97318 Kitzingen, Germany). This also applies to future deliveries and services.

(2) Conflicting, deviating or supplementary general terms and conditions of yours shall only become part of the contract if and to the extent that we have expressly agreed to their application in writing or in text form. This requirement for consent also applies if we carry out a delivery or service without reservation with knowledge of your general terms and conditions.

(3) Individual agreements made with an authorised representative of our company take precedence.

(4) We offer our goods for sale only if you are a natural or legal person or a legally capable partnership acting in the exercise of your commercial or independent professional activity at the time of concluding the legal transaction (entrepreneur). Concluding a purchase contract with consumers is excluded. By concluding the contract, the customer confirms that they are acting as an entrepreneur.

§ 2 Formation of Contract

(1) The subject matter of the contract is the sale of goods and services.

(2) All our offers are non-binding and subject to change.

(3) If the contract is concluded via the online shopping cart system, the following applies: Goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After calling up the "checkout" page and entering personal data as well as payment and shipping terms, all order data will be displayed once more on the order summary page.

Regarding payment: If you use an instant payment system (e.g. Apple Pay, PayPal, credit card only up to under EUR 1,000) as your payment method, you will either be taken to the order summary page within our online shop, or you will first be redirected to the website of the payment system provider. If redirected to the respective payment system, you make the relevant selection or enter your data there. You will then be returned to the order summary page in our online shop.

Before submitting the order, you have the opportunity to review all information again, make changes (also via the browser's "back" function), or cancel the purchase. By submitting the order via the corresponding button, you submit an offer to us. You will then receive an automated email confirming receipt of the order. Acceptance by us occurs by sending an order confirmation/invoice.

(4) You also have the option of submitting an enquiry to us by telephone, email or post. You will then receive a non-binding offer. You may then submit an offer to us. The contract is concluded upon receipt of our order confirmation/invoice.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, is not prevented by spam filters.

Technical changes and improvements within the scope of technical progress are reserved, provided they are reasonable for you.

§ 3 Subject Matter of Performance / System Character

(1) The photo booth delivered constitutes a coordinated hardware and software system.

(2) The scope of performance is determined exclusively by our offer/order confirmation. General service descriptions, brochures, presentations, website content and other product information serve exclusively for general information purposes and only become part of the contract if they are expressly referred to in the offer. In case of contradictions, the offer/order confirmation takes precedence over all other documents. Minor technical, organisational or design deviations are reserved, provided that the purpose of the contract is not thereby impaired, no qualitative reduction in performance occurs and no additional costs arise for you. Significant changes require an agreement in text form.

(3) Adaptation to versions of operating systems (in particular Microsoft Windows), drivers, third-party software or cloud services published after conclusion of the contract is not owed, insofar as this is not possible for us with economically reasonable effort.

(4) The system configuration is agreed as a closed configuration. You receive the specified combination of components or functions; changes or additional modules are not provided for.

(5) The reference environment (technical environment, e.g. specific hardware, operating systems, versions, configurations) defined and documented by us is exclusively decisive for contractual conformity. Deviations from this are at your risk.

§ 4 Individually Designed Goods

(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods within the stipulated deadline after conclusion of the contract by email. Our requirements regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for factual accuracy and assume no liability for errors in this regard.

(4) A review of customer data for technical usability (e.g. resolution, colour mode, bleed, fonts/embedding) as well as for completeness is only carried out if expressly agreed.

(5) Additional costs, costs for delays or necessary reproduction (in particular reprinting and/or re-lamination) resulting from defective, incomplete or unsuitable data/information provided by you shall be borne by you.

§ 5 Prices, Payment Terms and Shipping Costs

(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.

(2) The applicable shipping costs are not included in the purchase price; they are charged separately unless free shipping has been agreed. Further details can be found under a correspondingly labelled button on our website or in the respective offer.

(3) You have the payment options set out under a correspondingly labelled button on our website or in the respective offer. Unless a different payment period is specified for individual payment methods or on the invoice, the payment claims arising from the concluded contract are due immediately. Deduction of cash discounts is only permitted if this is expressly stated in the respective offer or invoice.

(4) In the event of default in payment, we charge interest on arrears at 9 percentage points above the base interest rate (§ 288 para. 2 BGB). We reserve the right to claim further damages caused by default.

(5) Set-off is only permissible against undisputed claims or claims established by final judgment.

(6) If circumstances become known to us after conclusion of the contract that are likely to substantially impair your creditworthiness, we are entitled to carry out outstanding services only against advance payment or the provision of security.

§ 6 Delivery Terms

(1) The expected delivery period is stated in the respective offer. Delivery dates and periods are only binding if confirmed by us in writing. In the case of the advance payment by bank transfer payment method, dispatch of the goods will only take place after receipt of the full purchase price and the shipping costs.

(2) If a product you have ordered is not available despite timely conclusion of a corresponding hedging transaction for reasons beyond our control, we will inform you immediately of the non-availability. In the event of withdrawal, any payments already made will be refunded without delay.

(3) Dispatch is at your risk. The risk passes to you upon handover of the goods to the transport company. We have taken out transport insurance for the transport.

(4) Partial deliveries are permissible and may be invoiced by us separately, provided that no additional shipping costs arise for you as a result.

(5) We are entitled to withdraw from the contract if, despite proper hedging transactions, we ourselves are not supplied correctly or on time and this is not our responsibility.

§ 7 Duty to Inspect and Give Notice of Defects

(1) You are obliged to inspect the goods immediately upon delivery (§ 377 HGB).

(2) Obvious defects must be reported in writing within 5 working days.

(3) Hidden defects must be reported immediately upon discovery.

(4) If proper notice is not given, the goods shall be deemed approved.

§ 8 Warranty

(1) The warranty period for new goods is one year from delivery. For used goods, the warranty is excluded, unless mandatory legal provisions prevent this.

(2) A quality agreement only exists if the quality has been expressly agreed in the offer and order confirmation. Manufacturer product descriptions shall only be deemed agreed insofar as we have expressly made them part of the contract. Advertising statements, public promotions and other public statements – particularly by the manufacturer – do not constitute a quality agreement, unless they have expressly become part of the contract pursuant to sentence 1.

(3) In the case of defects, we shall provide warranty at our discretion by way of subsequent improvement or replacement delivery. If the remedy of defects fails, you may at your discretion demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of subsequent improvement, we are not required to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

(4) Remote maintenance services, remote access, telephone or electronic support services regularly serve the purposes of diagnosis, narrowing down or provisional restoration of functionality (e.g. through workarounds, settings, updates or configuration adjustments). Such measures only constitute subsequent improvement/remedy of defects within the meaning of § 439 BGB if we expressly confirm this in text form as a defect rectification measure. In particular: The granting or use of remote access, the carrying out of checks/analyses and provisional workarounds shall not constitute remedy of defects and shall not result in warranty rights being deemed satisfied, "consumed" or terminated.

(5) For systems, the limitation period commences upon commissioning, but at the latest 14 days after delivery, if you delay commissioning for reasons within your sphere of responsibility.

§ 9 Definition of Material Defect / No Defect

A material defect does not exist in particular if an impairment of functionality is based on circumstances outside our area of responsibility and attributable to you, in particular:

–      Changes, interventions or extensions by you or third parties that were not authorised by us;

–      The installation or use of non-approved hardware or software or non-approved interfaces/peripherals;

–      Automatic or manual updates to the operating system (in particular Microsoft Windows), drivers or other system components, provided the impairment was caused thereby and the updates were not carried out by us or expressly approved by us;

–      Incompatibilities resulting from operating system updates or third-party software, insofar as these are not attributable to us;

–      Improper operation, faulty installation, non-compliance with documentation/instructions or unsuitable operating environment (e.g. power supply, network, temperature, humidity);

–      Natural wear, deterioration or consumables, provided no manufacturing/material defect exists.

§ 10 Liability

(1) We are liable without limitation:

–      for intent and gross negligence,

–      for culpable injury to life, body or health,

–      in accordance with the provisions of the Product Liability Act,

–      to the extent of a guarantee assumed by us and for fraudulently concealed defects.

(2) In the case of slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited in amount to the typical, foreseeable damage. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely.

(3) Otherwise, liability for slight negligence is excluded.

(4) Liability for loss of profit, unrealised savings and other indirect and consequential damages is excluded, unless liability exists pursuant to paragraph (1) or due to breach of material contractual obligations.

(5) Liability for data loss is – to the extent permitted by law – limited to the typical restoration effort that would have been incurred if you had carried out proper and regular data backups.

(6) We are not liable for disruptions or damages based on your IT environment, your network infrastructure, third-party software or external services, insofar as these were not provided or expressly approved by us.

§ 11 Retention of Title

(1) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full (current account reservation).

(2) You are obliged to handle the reserved goods with care and to insure them appropriately.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising to you from the resale; we accept the assignment. You remain authorised to collect the claims. However, if you do not duly fulfil your payment obligations, we reserve the right to collect the claims ourselves.

(4) Processing or transformation is always carried out for us as manufacturer within the meaning of § 950 BGB, without obligation on our part.

(5) You must inform us immediately of any access by third parties to the reserved goods.

(6) We undertake to release the securities to which you are entitled at your request, insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 12 Acceptance

(1) Insofar as acceptance has been agreed or is required by law, the service shall be deemed accepted if you do not refuse acceptance within 7 working days of our request, citing at least one defect, or if you put the service into productive use.

(2) Insignificant defects do not entitle you to refuse acceptance.

§ 13 Governing Law, Place of Performance, Jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and jurisdiction is our registered office, provided you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II. Customer Information

1. Identity of the Seller

Photo & Event C.S. GmbH & Co. KG

Alte Poststraße 5

97318 Kitzingen

Germany

Phone: 0800 4000 990

Email: info@fotoboxen-kaufen.de

2. Information on Formation of Contract

The technical steps for concluding the contract and the conclusion of the contract itself, as well as the correction options, are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1 The contract language is German.

3.2 The complete contract text is not stored by us. Before submitting the order or enquiry, the contract data can be printed out using the browser's print function or saved electronically.

Version as of: 19 March 2026