Allgemeine Geschäftsbedingungen
General Terms of supply and customer information
I. General Terms
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you make with us as a provider (Photo & Event C.S. GmbH & Co. KG, Alte Poststraße 5, 97318 Kitzingen, Deutschland). This also applies to future deliveries and services.
(2) Divergent, conflicting or supplementary general Terms and Conditions of the buyer shall only become part of the contract if and only insofar as we have expressly agreed to their validity in writing or in text form. This consent requirement also applies if we carry out the delivery or service without reservation in the knowledge of your general Terms and Conditions.
(3) Individual agreements made with a representative of our company have priority.
(4) We offer our goods only for sale, as far as you are a natural or legal person or a legal partnership, which in the conclusion of the legal transaction in the exercise of their commercial or self-employed occupational activity (entrepreneurs). A sales contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) All offers from us are non-binding.
(3) If the contract on the online shopping cart system comes into fruitition, the following applies: The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
When you use an instant payment system (eg PayPal only up to 1000 EUR, immediately) as the payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the internet site of the provider of the instant payment system. If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the internet browser) or cancel the purchase. By submitting the order via the corresponding button you submit an offer. The acceptance by us takes place by sending an order confirmation.
(4) Incidentally, you also have the opportunity to submit a request to us by telephone, e-mail or by mail. You will then receive a non-binding offer. Then you have the opportunity to make an offer to us. The contract is concluded, when we send an order confirmation / invoice.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly carried out by automated e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent it.
§ 3 Individual build goods
(1) You 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 e-mail. Our possible specifications for file formats must be observed.
(2) You agree not to provide any data which content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept any liability for errors.
(4) If specified in the respective offer, you will receive a correction copy from us, which must be reviewed by you immediately. If you agree with the draft, release the correction template by countersigning it in text form (e-mail, for example) for execution. An execution of the artwork without your release does not take place. You are responsible for checking the correction template for accuracy and completeness and you have to notify us at any errors. We accept no liability for uncomplained errors.
§ 4 Prices, terms of payment and delivery costs
(1) The prices quoted in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are immediately payable. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
§ 5 Terms od Delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method "prepayment by bank transfer" the dispatch of the commodity takes place only after entrance of the complete purchase price and the delivery costs with us.
(2) Should a product ordered by you not be available, despite your timely conclusion of an adequate cover transaction, beyond our control, you will be informed immediately about the unavailability and in the event of withdrawal, you will refund any payments already made immediately.
(3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs have to be borne by you. We ship Germany cost free, foreign countries are always insured with flat rate.
(4) Partial deliveries are permissible and can be invoiced independently by us, as long as you are not burdened with additional costs for shipping.
§ 6 Warranty
(1) The warranty period for new items is one year starting from the date of delivery of the item, with used items, the warranty is excluded. The shortening of the period or the exclusion does not apply:
- liability for culpably caused damage resulting from injury to life, body or health and for other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the good;
- in the case of items which have been used for a structure in accordance with their usual use and which have caused its defectiveness;
- in the case of legal recourse claims, that you have against us in connection with warranty rights.
(2) As a condition of the good, only our own information and the product description of the manufacturer as agreed apply, but not other advertising, public claims and expressions of the manufacturer.
(3) In case of defects, we provide warranty, at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
§ 7 Right of retention, set-off, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship. Offsetting is only permitted with undisputed or legally established claims.
(2) We reserve title to the goods until full settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already assign all claims to us in the amount of the invoice, that accrue to you from the resale. We accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We commit to release the securities, to which you are entitled at your request to the extent, that the realizable value of our securities exceeds the claim to be secured, by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 Choice of Law, place of performance, place of juristication
(1) German law applies to the exclusion of the UN purchase law.
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(2) Place of fulfillment as well as place of jurisdiction is our domicile, as far as you are a merchant, legal entity of the public right or public law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
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II. Customer information
1. Identity of the Seller
Photo & Event C.S. GmbH & Co. KG
Alte Poststraße 5
97318 Kitzingen
Germany
Phone: 0049 9321 1309091
E-Mail: info@fotoboxen-kaufen.de
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contractual language, storage of contractual texts
3.1. Language of the contract is german.
3.2. The complete contract text will not be saved by us. Before submitting the order or the request, the contract data can be printed out or saved electronically via the browser's print function.