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1 General
1.1 We work only in accordance with our Terms and Conditions below, which you accept when you order any goods from our Internet catalogue. The contract shall be concluded exclusively in German. Foto Erhardt GmbH delivers worldwide and without any minimum order value.
1.2 A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts to exercise their commercial or independent professional activity.
2 Prices
2.1 Our prices are always the prices listed in the shopping basket on our website at the time of the order. Different prices that may be displayed on pages loaded from caches (browser cache, proxies) are not current and are invalid. Unless otherwise expressly agreed in writing, our prices shall apply ex shipping point excluding packaging, freight and, if applicable, excluding any cash-on-delivery (COD) charges. All prices on our website are inclusive of VAT unless the customer selects a country outside the European Union as the country of delivery.
2.2 Packaging becomes the property of the customer.
3 Order
3.1 Orders for goods and services from the Internet catalogue shall be accepted by us only in writing (e.g. by e-mail or fax). The customer shall bear the risk of an unaccountable, erroneous transmission.
3.2 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Buy" button you are placing a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order is sent and does not at that point constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.
3.3 You order/purchase in our store by
a) adding items to the shopping basket
b) entering your delivery and payment data
c) confirming that your data is correct on the control page and then clicking the "Buy" button.
You can find more information about the ordering process on our help page "How to order"
3.4 Your order data will be stored by us. If you lose your order documents, please contact us by e-mail, fax or phone. We will gladly send you a copy of your order data.
4 Delivery times
4.1 We deliver within 1-3 business days after receiving the order or payment. Please refer to the respective product page for any exceptions. On our website, symbols and corresponding explanations for each product indicate availability by specifying the expected date of shipment. Depending on the selected shipping method, a delivery will then be made within the usual shipping time from Germany. If after an order has been placed the expected date of shipment changes, the customer will be informed about this immediately by e-mail.
5 Delivery service
5.1 For each delivery within Germany we charge a flat rate for postage and packaging of EUR 5.90 (incl. VAT) for payment in advance and of EUR 14.90 (incl. VAT) for payment on delivery. Express deliveries are charged separately. For self-collection at our headquarters in Westerkappeln, we charge a handling fee of EUR 10.00 (incl. VAT) when an order is placed via the online store. Deliveries outside Germany are only possible against prepayment, credit card or PayPal and not cash on delivery! If you want an express delivery, we will charge you for the packaging and shipping costs incurred for this. The respective amount will be communicated to you before shipment.
5.2 Subject to immediate availability of the goods, we deliver as quickly as possible with our own courier service, by forwarding agent, by mail (DHL) or by parcel service.
5.3 We make deliveries based on COD (only possible for delivery within Germany), cash in advance, payment by credit card (your account will be charged directly upon transmission of the order), payment via PayPal (your PayPal account will be charged directly upon transmission of the order) or via PayPal instalment payment; payments via sofortüberweisung, giropay, eps and i-deal are also possible.
5.4 In the case of advance payment, please do not arrange payment until you have received confirmation from us, as only then can we guarantee the immediate delivery of the goods.
If you select the payment method Amazon Pay, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, L-1855 Luxembourg (hereinafter: Amazon). To do this, log in with your Amazon account credentials and select from the payment and delivery information stored in your Amazon customer account. The invoice amount will be debited from your Amazon account after you have received our order confirmation. More information is available here: https://pay.amazon.de/amazon-pay-nutzen.
5.5 Foto Erhardt GmbH shall not assume any procurement risk. If the item is not or is temporarily unavailable despite the prior conclusion of a corresponding purchase contract, Foto Erhardt GmbH will inform the customer of this immediately after placement of the order and at regular intervals thereafter. Foto Erhardt GmbH is released from the obligation to perform until the upstream supplier has delivered to Foto Erhardt GmbH and Foto Erhardt GmbH can withdraw from the contract if the supplier is not able to deliver. This does not apply if Foto Erhardt GmbH is responsible for the non-delivery by the upstream supplier. If Foto Erhardt GmbH wishes to withdraw, it will exercise the right of withdrawal immediately.
5.6 In case of withdrawal, amounts already paid towards the purchase price will be refunded immediately by Foto Erhardt GmbH. Claims for damages by the customer are excluded. This does not apply if Foto Erhardt GmbH is responsible for the non-delivery by the upstream supplier.
5.7 For detailed information on shipping costs, please visit https://www.foto-erhardt.com/shipping.html.
6 Warranty and the transfer of risk
6.1 If the customer collects the goods from the premises of Foto Erhardt GmbH, the risk of accidental loss or accidental damage shall pass to the customer upon handover of the goods. If Foto Erhardt GmbH ships the goods to the customer, the risk shall pass to the customer with respect to entrepreneurs upon handover of the goods to the carrier and with respect to consumers upon handover of the goods by the carrier to the consumer.
6.2 The warranty begins with the delivery of the goods and is governed by the statutory provisions. If repairs or changes are made to the delivered item by the customer or a third party without the written consent of Foto Erhardt GmbH, any warranty will be void. Clause 2 shall not apply if the customer proves that the defects in question were not caused by the modifications carried out by them or the third party.
6.3 The limitation period for statutory claims for defects is 2 years if the customer is a consumer. Notwithstanding this, the warranty period for used goods is 12 months.
6.4 If the customer is an entrepreneur, the limitation period for warranty claims is one year and Foto Erhardt GmbH can choose whether to remedy the defect or to deliver a defect-free item; obvious defects of the goods or services of Foto Erhardt GmbH must be reported in writing.
6.5 The limitation periods stated in clauses 6.3 and 6.4 do not apply in case of intent or fraudulent concealment of a defect or insofar as Foto Erhardt GmbH has assumed a guarantee for the quality of the delivery item. Furthermore, the limitation periods set out in sections 6.3 and 6.4 shall not apply to claims based on material defects in cases of injury to life, limb or health, to claims under the Product Liability Act, to a grossly negligent breach of duty or to a culpable breach of essential contractual obligations.
6.6 Foto Erhardt GmbH shall not assume any warranty for normal wear and tear of the goods or for defects caused by faulty or negligent handling or operation or extraordinary operating conditions.
6.7 Warranty notice: some manufacturers provide warranties for their products that go beyond the warranty rights. The manufacturer's warranty conditions apply.
7 Retention of title
7.1 In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security interests are transferable to third parties.
7.2 You shall only be entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
7.3 If the customer is in default with any payment obligations to us, all existing claims shall become due immediately.
8 Customer's right of withdrawal under the Distance Selling Act
Note:
If you are an entrepreneur (section 14 BGB), you do not have the right of withdrawal and return according to section 312g BGB in conjunction with section 355 BGB. The right of withdrawal only applies to consumers in the sense of section 13 BGB. (A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity).
8.1 Cancellation policy
Consumers (section 13 BGB) are entitled to the following right of withdrawal:
Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must contact us (Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, Germany, info@foto-erhardt.de, tel.: +49 (0) 540496330) to provide a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the enclosed standard cancellation form for this purpose, but it is not mandatory. You can also complete and submit the standard withdrawal form or another clear declaration electronically on our website https://www.foto-erhardt.de/retoure-widerruf-formular.html. If you make use of this option, we will send you a confirmation of receipt of such withdrawal without delay (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs that result from you choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. We shall use the same means of payment for this repayment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances, will you incur any charges for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us that you have withdrawn from this contract. The deadline is met if you send the goods before the fourteen-day deadline. You shall bear the direct costs for the return of any goods. You only have to pay for any loss of value of the goods if this loss of value is due to the goods being handled in a way that is not necessary for the inspection of the condition, properties and functioning of the goods. Special notes If you finance this contract by means of a loan and later cancel the contract, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed, in particular, if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the withdrawal takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you in terms of the legal consequences of the withdrawal or the return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual obligation as far as possible, make use of your right to withdraw and also cancel the loan agreement if you are also entitled to cancel this. |
Unless otherwise agreed by the parties, the right of withdrawal shall not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, contracts for the delivery of alcoholic beverages, the price of which was agreed when the contract was entered into, but which can be delivered at the earliest 30 days following entry into the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no control;
Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
Contracts for the provision of non-residential lodging services, transportation of goods, motor vehicle rental, food and beverage delivery, and other services related to recreational activities, if the contract provides for a specific date or period for the provision.
Standard cancellation form
If you want to cancel the contract, please complete and return this form.)
To Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, info@foto-erhardt.de, Fax: +49 (0) 5404 963350
I/we (*) hereby cancel the contract I/we entered into for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) (*) Delete as applicable.
Note: If you would like to declare your withdrawal online, you will find an electronic standard withdrawal form under "Withdrawal form" in the footer.
9 Academy and workshops
9.1 Scope of services: Foto Erhardt conducts courses/workshops on photography, image editing and image creation in conjunction with digital technologies. The structure, content, learning objectives, scope of services and details about the implementation of the selected offer can be found in the respective valid course descriptions. We reserve the right to make minor changes to the content.
The courses are held at the respective stores indicated.
9.2 Registration/confirmation: Registration is usually completed online at www.foto-erhardt.de/akademie or in the Foto Erhardt stores. Registration shall become binding once you are included in the list of participants. Confirmation of registration will be sent by e-mail to the e-mail address provided by the participant. Seminar fees are due and payable immediately upon registration at the stores.
When the online form is used, registrations will be considered in the order in which they are received. If more registrations are received for a seminar than there are places available, a waiting list will be set up.
Foto Erhardt reserves the right to remove a participant from the list of participants and to reallocate the space without further notice in the event of late payment. The right to claim further damages is expressly reserved.
9.3 Cancellation: Cancellation of a seminar booking is possible free of charge up to one week before the start of the seminar, in which case any payments already made will be refunded. If there is no cancellation, or no cancellation is made within the time limit, the seminar fee will not be refunded. The participant has the option of naming a substitute participant.
Cancellations received by Foto Erhardt on the day of the week whose name corresponds to the day of the week on which the seminar begins are considered to be made within the time limit. Cancellations must be made in writing. Sending an e-mail to akademie@foto-erhardt.de or a fax to +49 (0) 54 04 - 96 33 66 is sufficient.
9.4 Cancellation of the seminar: Foto Erhardt reserves the right to cancel seminars for reasons for which Foto Erhardt is not responsible and which result in a seminar not taking place as planned or not taking place at all. Such reasons are, in particular, illness/accident of a lecturer or force majeure (catastrophes, declared states of emergency, strikes or warlike conflicts). Foto Erhardt will inform the participants, in case of cancellation, by e-mail to the address lodged by the participants. Any payments already made shall be refunded. Further compensation for damages is excluded.
9.5 Rights to the photographic material: The participant hereby grants Foto Erhardt an irrevocable, exclusive, temporally and spatially unlimited, transferable right, encompassing all known and unknown types of use, to use the images produced during the course of a seminar.
Foto Erhardt is entitled to use photos taken during the seminar for advertising purposes with the prior consent of the participant.
The participant is entitled to use the pictures taken during a seminar for private purposes – such as non-commercial publication on the Internet. Any use beyond this requires the prior written consent of Foto Erhardt. This does not apply to images taken as part of the "Stylish Nude Photography" and "Portrait Professional" seminars.
The participant indemnifies Foto Erhardt against all claims, damages, costs and charges arising from any violation of paragraph (1) and/ or in connection with any use pursuant to the preceding paragraph.
9.6 Copyrights: Documents handed out and seminar accompanying material are protected by copyright and may not be reproduced or made publicly available – not even in part – without the prior written consent of Foto Erhardt.
10 Disposal and environmental regulations
10.1 Electrical and electronic equipment must not be disposed of with household waste.
10.2 Consumers may hand in their waste electrical/electronic equipment free of charge at one of the municipal collection points.
Battery law
10.3 Our upstream suppliers have complied with their obligation to register with the Federal Environment Agency (Umweltbundesamt).
10.4 Note for end users:
Batteries must not be disposed of in household waste. End users are legally obligated to return used batteries.
End users may return empty batteries after use to the point of sale or to municipal collection points free of charge.
All batteries and rechargeable batteries are marked with the symbol of the "crossed-out rubbish bin".
Chemical symbols:
Pb = battery contains more than 0.004 percent lead
Cd = battery contains more than 0.002 percent cadmium
Hg = battery contains more than 0.0005 percent mercury
Further information on the Battery Act can be found at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. (Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit). (www.bmu.de)
11 Disclaimer
11.1 The limitations of liability do not apply to damage caused by intent or gross negligence, or to injury to life, limb or health.
11.2 This Internet catalogue and the descriptions and price quotations contained therein have been compiled by us with the greatest care. Nevertheless, we cannot accept any liability for any printing errors or regarding the continued availability of all goods. The right to make price changes, errors and prior sales is reserved. All offers are subject to change.
11.3 Regardless of the legal grounds, claims for damages against Foto Erhardt GmbH as well as its vicarious agents or assistants are limited to the amount of damages that Foto Erhardt GmbH could reasonably have expected at the time the contract was entered into. Providing the damage does not result from the violation of an essential contractual obligation, the compensation for damages shall, however, be limited to a maximum of ten times the order value. The customer is responsible for backing up their data files. Foto Erhardt GmbH is only liable for the effort required to restore the data if the customer backs up the data regularly.
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