General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of Title
8. Material defect warranty and guarantee
9. Liability
10. Copyright
11. Storage of the contract text
12. Additional conditions for workshops and seminars
13. Final provisions
Contractual conditions within the framework of purchase and service contracts via the platforms https://felixgerberfotografie.de and https://felixgerber.com including their subpages and subdomains,
between
Felix Gerber
Inselweg 5
31174 Schellerten
Germany
– hereinafter referred to as “provider” –
and the users of this platform named in Section 3 of these terms and conditions
– hereinafter referred to as “customer / customer” –
getting closed.
1. Scope
1.1. For the business relationship between, the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.
1.2. You can reach the provider for questions, complaints and complaints under the telephone number +491745825359 or by e-mail at mail@felixgerber.com.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the provider’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted for the products. Errors are reserved.
3. Order process and conclusion of contract
3.1. The customer can choose non-binding products from the supplier’s range and collect them in a so-called shopping cart using the “Add to shopping cart” button. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the “Continue to checkout” button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding application to purchase the goods in the shopping cart by clicking the “order with obligation to pay” button. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The purchase contract is only concluded when the provider has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second email, an explicit order confirmation or sending the invoice.
3.4. If the provider enables payment in advance, the contract is concluded when the bank details are provided and the payment request is made. If the payment has not been received by the provider within 10 calendar days after the order confirmation has been sent, despite the due date, even after a renewed request, the provider withdraws from the contract with the result that the order is void and the provider has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the provider’s website are final prices. A separate statement of the statutory sales tax cannot take place due to § 19 UStG.
4.2. Orders within Germany are free of charge.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 Delivery times specified by the provider are calculated from the time of our order confirmation (3.3 of these GTC), provided that the purchase price has been paid in advance.
5.3. If the ordered product is not available because the supplier is not supplied with this product by his supplier through no fault of his own, the supplier can withdraw from the contract. In this case, the provider will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the provider will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
Delivery restriction: We only deliver within Germany.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the order process. The customer can pay in advance / bank transfer or PayPal. Payment options are also listed again on a separate page. When paying with PayPal, the general terms and conditions of PayPal apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the provider. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the provider until they have been paid for in full.
Unless otherwise agreed, the provider’s services will only be provided after the customer has received payment.
8. Material defect warranty and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. There is only a guarantee for the goods delivered by the provider if this has been expressly given.
9. Liability
9.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
9.3 The restrictions of para. 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
9.4 The provisions of the Product Liability Act remain unaffected.
10. Copyright
10.1 The provider retains all rights to the image. This applies to original images as well as photo prints. The customer is not entitled to reproduce, resell or reproduce in any other form purchased images, digitally or offline.
10.2 Any further use or reproduction, both online and offline, must be agreed with the provider and requires the express written permission of the provider.
10.3 Purchased photo licenses can of course be used as far as the license allows.
11. Storage of the contract text
11.1. The customer can print out the contract text before submitting the order to the provider by using the print function of his browser in the last step of the order.
11.2. The provider also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than with the delivery of the goods, the customer will also receive a copy of the terms and conditions along with the cancellation policy and the information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
12. Final provisions
12.1. The place of jurisdiction and performance is the provider’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
12.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
Further legally relevant information about the online offer: