General terms and conditions
General Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (
Photograver Fotogravur Ltd.) ü via the website www.shop-fotogravur.de close. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract .
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart".
button in the navigation bar you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and
shipping conditions, all order data will finally be displayed again on the order overview page.
If you use the instant payment -System "PayPal - Express" by clicking on the appropriately designated button integrated in the shop system, you will be forwarded to the PayPal log-in page Address and account data are displayed. The button "continue" takes you back to our online shop and the order overview page. You have the option before sending the order , to check all the information here again, to change it (also via the "back" function of the Internet browser) or to cancel the purchase.
With the Submit the best By clicking the "Order with obligation to pay" button, you submit a
binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order has been placed by< br />Confirmation in text form (e.g. e-mail) in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer at your Order bound.
In this case, any services already rendered will be reimbursed immediately.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a
binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all related The information required for the conclusion of the contract is sent automatically by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, is not prevented by SPAM filters.
§ 3 Customized Goods
(1) You provide us with the appropriate information, text or files required for the customization of the Goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws; in. You expressly indemnify us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context we accept no liability for errors in this respect.
(4) Unless otherwise stated in the offer, we do not create proofs or previews.
(5) Insofar as we create texts, images, graphics and designs for you as part of the individual design,
these are subject to copyright.
Without our express consent, use or reproduction is prohibited or changing individual parts or complete content is not permitted.
Unless otherwise agreed, we will transfer you an unlimited right of use to the copyrighted created for you. last works. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, privately or commercially.
The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
§ 4 - Shipping, delivery times
(1) We hand over the goods to be delivered to the shipping company within the specified delivery time after receipt of payment.
(2) Unless otherwise stated in the item description, the shipping company needs approx. 3-5 Working days for delivery within Germany.
(3) If the delivery to the customer fails because the customer has given the delivery address incorrectly or incompletely or at the time of delivery cannot be reached, a new delivery attempt will only be made if the customer assumes the costs for the renewed shipment. We will inform the customer of the necessary costs for a new delivery by e-mail. A new shipment will only take place after receipt of payment of these costs.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the current business relationship have been settled in full. A pledging or assignment as security is not permitted before title to the goods subject to retention of title has passed.
b) You can resell the goods in the ordinary course of business. In this case, you already
assign all claims in the amount of the invoice amount that accrue to you from the resale to us
and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations; However, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we 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%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory rights to liability for defects apply.
(2) If you are an entrepreneur, the following applies, deviating from paragraph 1:
a) Only our own information and the product description of the
manufacturer are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b ) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects in writing within 7 days of receipt of the goods (e.g. E -Mail), to meet the deadline, timely dispatch is sufficient. This also applies to hidden defects discovered later after discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall provide a warranty, at our discretion, through repair or replacement. If the rectification of the defect fails, you can either request a reduction in price or withdraw from the contract.
The rectification of the defect is deemed to have failed after a second unsuccessful attempt, if
in particular from the nature of the matter or the defect or the other circumstances result in something else.
In the case of repairs, we do not have to bear the increased costs caused by the transport of the
goods to a place other than the place where the goods were delivered place of delivery if the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does
not apply to culpably caused damage from injury to life, limb or health that is attributable to us and caused by gross negligence or willful misconduct damage or fraudulent intent, as well as
recourse claims according to §§ 478, 479 BGB.
§ 7 Liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the assumption of the guarantee for the condition of the object of purchase and in all other legally regulated cases.
(2) Liability for defects within the framework of the statutory warranty is based on the corresponding
regulation in our customer information (Part II) and general business transaction. Terms and Conditions (Part I).
(3) Insofar as essential contractual obligations are affected, our liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential obligations which result from the nature of the contract and breach of which would jeopardize the achievement of the purpose of the contract as well as obligations which the contract requires us to achieve of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent
breaches of duty is excluded.
(5) Data communication via the Internet cannot be error-free given the current state of the art
and/or guaranteed to be available at all times. In this respect, we are not liable for the permanent or
uninterrupted availability of the website and the service offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection provided by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn (principle of favourability).
( 2) The place of performance for all services arising from the business relationship with us and
the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or ö are special public assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
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II. Customer Information
1. Identity of the seller
Photograver Fotogravur Ltd.
Branch Office Germany
Am Forsthaus Gravenbruch 11
63263 Neu Isenburg
Germany
Phone: +49 6102 719 8430
Email: contact@photograver.de
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options
are carried out in accordance with the § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the
online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After access dWhen ordering from us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the item description and the
additional information on our website.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices.
They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description
, are shown separately during the ordering process and are also provided by you bear unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly labeled
button on our website or in the respective item description.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the
concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective article description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and
accidental deterioration of the item sold during shipping only begins when the goods are handed over to you. regardless of whether the shipment is insured or uninsured. This does not apply
if you have commissioned a transport company not named by the entrepreneur or someone else to
execute the shipment. If you are an entrepreneur, the delivery and shipment will take place at your own risk.
7. Statutory liability for defects
7.1. The liability for defects for our goods is based on the "Warranty" provision in our
General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
last update: 01/10/2022