1.1 We operate exclusively in accordance with the following General Terms and Conditions, which you accept by ordering products from our online catalogue. Each contract is concluded exclusively in the German language. Foto Erhardt GmbH delivers worldwide and applies no minimum order value.
1.2 Consumer within the meaning of these General Terms and Conditions means any natural person who concludes a business transaction which cannot be ascribed to his business or to his self-employment. A business entity is a natural or legal person or a business partnership with legal capacity, which by concluding a business transaction, acts in its capacity as a business or self-employed person.
2.1 Our prices are in principle the prices shown in the shopping basket on our website at the time of placing the order. Any other prices which may appear on the site and are loaded from temporary buffers (browser caches, proxies) are not current and do not apply. Our prices apply, unless otherwise explicitly agreed in writing, from the place of distribution and are exclusive of packaging, shipping and COD charges, where applicable. All prices on our website include 7% or 19% VAT, provided that the customer does not select a country outside of the EU as place of delivery.
2.2 Packaging shall be considered the property of the customer.
3.1 The ordering of products and services from the online catalogue shall be accepted by us exclusively in writing (for example by email or fax). The customer shall bear the risk of a non-traceable, faulty transmission.
3.2 The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue. Clicking the button "Send order" constitutes a binding order for the items in the shopping basket. Confirmation of receipt of the order shall occur directly after sending the order and does not constitute an acceptance of the contract. We can accept your order within five days by sending of an order confirmation via email, or by delivering the goods.
3.3 You can order/buy in our shop, by
a) placing an article in the shopping basket
b) entering your delivery and payment details
c) confirming the correctness of your information and then clicking the "Buy" button
More information on our ordering process can be found on our help page "Ordering process"
3.4 Your order information will be saved by us. Should you lose documents regarding your order, please contact us by email, fax or telephone. We will gladly send you a copy of your order information.
4 Delivery times
4.1 We deliver within 1-3 working days after receipt of the order or payment. Please look at the relevant product page for any possible exceptions. On our website, the availability of every product is shown with symbols and corresponding notes, with information regarding the expected dispatch date. Depending on the chosen shipping method, delivery will subsequently take place within the standard delivery time from Germany. Should changes in the expected dispatch date occur after an order has been placed, the customer shall be promptly informed about this.
5 Delivery service
5.1 For every delivery within Germany, we charge a flat rate of 5.90 euros (incl. VAT) for packaging and shipping for orders paid in advance, and 10.90 euros (incl. VAT) for COD payments. Express deliveries shall be charged separately. Any forwarding fee charged by DHL (currently 2.00 euros charged upon delivery) shall be borne by the customer. For goods collected from our headquarters in Westerkappeln, we charge a handling fee of 5.00 euros (incl. VAT) for orders placed via the internet. Deliveries outside of Germany are only permitted if advance payment is made by cash, credit card or PayPal; COD and payment against invoice are not permitted! Should you require express delivery, you shall be billed for the additional costs of packaging and shipping. The applicable amount shall be notified to you prior to shipment.
5.2 Subject to immediate availability, the goods shall be delivered as soon as possible by courier, via a freight forwarder, by post (DHL) or by a parcel service. We shall not be liable for the observance of delivery times where we did not agree such delivery times in writing. In the latter case, our compensation shall be limited to taking back the goods which were delivered late, free of charge.
5.3 We accept COD (only for deliveries within Germany), payments by credit card (subject to a handling fee of 2.98% of the total amount, plus 0.30 euros), payments by PayPal (subject to a handling fee of 1.98% of the total amount, plus 0.35 euros for customers residing in Germany or 3.4% of the total amount, plus 0.35 euros for overseas customers. Your PayPal account will be debited directly on submission of the order) and payments against invoice (subject to your credit rating with a limit per customer of 3000 euros, a handling fee of 2.5% of the total value of goods) via Billsafe GmbH (www.billsafe.de). For purchases against invoice, the entire amount shall be payable within 14 days from the date of receipt of the invoice. An invoice will be sent with your delivery.
5.4 If making advance payment, please only make payment once you have received confirmation from us of your order, otherwise we cannot guarantee the immediate delivery of your goods.
5.5 Foto Erhardt GmbH accepts no liability for procurement. If the item is not available for delivery, or is not available temporarily despite having previously concluded a purchasing agreement, Foto Erhardt GmbH shall inform the customer immediately on receipt of the order and shall also keep the customer informed at regular intervals. Up to the time of delivery by our suppliers, Foto Erhardt GmbH shall be released of its delivery obligation and may withdraw from the contract if it is unable to deliver. This shall not apply if Foto Erhardt GmbH is responsible for non-delivery by the supplier. Should Foto Erhardt GmbH wish to withdraw from the contract, it may exercise its right of cancellation with immediate effect.
5.6 In the case of cancellation, Foto Erhardt GmbH shall reimburse any amounts of the purchase price already paid without delay. Claims for damages by the customer shall be excluded. This does not apply if Foto Erhardt GmbH is responsible for non-delivery by its supplier.
5.7 Detailed information on shipping costs can be found at www.foto-erhardt.de/shipping.php.
6 Transfer of risks and warranty
6.1 If the customer collects the goods from Foto Erhardt GmbH's premises, the risk of accidental loss or damage shall transfer to the customer at the time of handover of the goods. If Foto Erhardt GmbH ships the goods to the customer, the risk shall transfer to the customer on handover of the goods to the shipping company for business deliveries or on handover of the goods by the shipping company to the consumer.
6.2 The warranty begins on the delivery of the goods and is determined by legal provisions. Should repairs or modifications be carried out on the delivered item by the customer or by third parties, without the written consent of Foto Erhardt GmbH, all warranties shall become void. Sentence two shall not apply, if the customer provides evidence that the defect in question was not caused by the modifications carried out by him or the third party.
6.3 The statute of limitations for lawful claims for damage is two years, provided that the customer is a consumer.
6.4 If the customer is a business entity, the statute of limitations for warranty claims is one year and Foto Erhardt GmbH may provide supplementary performance to correct the defect or deliver a non-defective product at its discretion. Visible defects in the goods or service must be reported to Foto Erhardt GmbH in writing.
6.5 The statute of limitations stipulated in sections 6.3 and 6.4 does not apply in the case of wilful intent or fraudulent concealment of a defect, or if Foto Erhardt GmbH has provided a guarantee for the quality of the delivered product. The statute of limitations in sections 6.3 and 6.4 is also not applicable to claims for material defects in the case of injury to life, limb or health, to claims under the Product Liability Act (Produkthaftungsgesetz), to a breach of duty resulting from gross negligence, or to the culpable violation of essential contractual obligations.
6.6 Foto Erhardt GmbH does not provide any warranty for normal wear and tear, as well as defects caused by faulty or negligent handling or operation or extraordinary operating conditions.
6.7 Warranty information: Some manufacturers provide a product warranty in excess of the legal warranty rights. The warranty provisions of the manufacturer shall apply.
.7 Retention of title
7.1 The delivered goods shall remain the property of Foto Erhardt GmbH until the purchase price and any additional charges mentioned here have been paid in full.
8 Right of cancellation of the customer in accordance with the Distance Selling Act
8.1 Cost coverage agreement: Should the customer exercise his right of cancellation, he shall bear the normal cost of return, insofar as the delivered goods matched the goods ordered and the price for the returned items does not exceed 40 euros or, if the price is higher, the customer has not yet paid the consideration due or has only paid the instalment agreed in the contract at the time of cancellation. Otherwise all returns are free of charge to our customers.
8.2 Notice on the right of cancellation
Consumers (Section 13 German Civil Code (BGB)) are entitled to the following right of cancellation:
Your right of cancellation
End of the notice on the right of cancellation
8.3 Additional information: Unless otherwise agreed, the right of cancellation does not apply to distance selling contracts for the delivery of goods which were made according to customer specifications (for example photographic work), or which are clearly done to meet the customer’s personal needs (for example custom mounts and picture frames).
In accordance with Section 312, paragraph 4, No. 2 BGB, the right of cancellation or return for distance selling contracts shall exclude audio or video recordings and software, as well as delivered data media, insofar as the customer removes the seal. Software which is delivered with hardware may only be unsealed, if the software is absolutely necessary for the examination of the hardware.
9 Disposal and environmental regulations
9.1 Electronic and electrical devices may not be disposed of with household waste.
9.2 Consumers may dispose of their old electric/electronic devices free of charges at one of the municipal collection points.
German Battery Act
9.3 Our suppliers have honoured their reporting obligations with the Federal Environmental Agency.
9.4 Information for end users:
Batteries may not be disposed of with household waste. End users are required by law to return used batteries.
End users can return empty batteries after use to the point of sale or to municipal collection points, free of charge.
All batteries or rechargeable batteries bear the symbol of a "crossed out waste bin".
Pb = Battery contains more than 0.004 per cent lead
Cd = Battery contains more than 0.002 per cent cadmium
Hg = Battery contains more than 0.0005 per cent mercury
Further information on the German Battery Act can be found on the website of the Federal Ministry for Environment, Nature, Conservation and Nuclear Safety. (www.bmu.de)
10 Exclusion of liability
10.1 Limitations of liability do not apply to damages caused by wilful intent or gross negligence, as well as injury to life, limb or health.
10.2 This online catalogue and the descriptions and prices contained herein have been compiled by us with great care. We cannot however accept liability for any possible print errors or for the continued availability of all goods. Subject to price changes, errors and prior sale. All offers are non-binding.
10.3 Irrespective of the legal grounds, all claims for compensation asserted against Foto Erhardt GmbH as well as its subcontractors or vicarious agents, shall be limited to the amount which Foto Erhardt GmbH could reasonably expect upon the conclusion of the contract. Provided that the damage does not arise from the breach of an essential contractual obligation, the compensation shall be limited to ten times the order value. The customer shall be responsible for the backup of his data. Foto Erhardt GmbH shall only be liable for expenses required to restore data from the regular backups system made by the customer.
11. Final provisions
11.1 These General Terms and Conditions define all of the rights and obligations of the contracting parties.
11.2 If the customer is a business entity or does not have his place of residence within the European Union, our registered office shall be the sole place of jurisdiction for all disputes between the contracting parties, including bill of exchange and cheque claims.
11.3 These General Terms and Conditions shall be governed by German with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In business dealings with end users within the European Union, the law of the place of residence of the end user may also apply, provided that it concerns mandatory provisions on consumer rights.
Address and validity
Foto Erhardt GmbH
Tel. +49 5404-963396
Available Mo-Fr 10:00-17:00
Fax +49 5404-963350
Commercial Register No. HRB 1593, Local Court Osnabrueck
General Manager: Norbert Erhardt, Christian Erhardt, Birthe Erhardt
VAT ID No. DE117045766
Tax No. 66/203/01804
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