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TERMS & CONDITIONS

1 General
1.1 We operate exclusively in accordance with the following general terms and conditions, which you accept as soon as you order products from our internet catalogue. The contract is concluded exclusively in the German language. Foto Erhardt GmbH delivers worldwide and without a minimum order value.
1.2 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction which can neither be ascribed to his/her business nor self-employment activities. A business entity is a natural or legal person or a partnership with legal capacity which acts as part of its business or self-employment when concluding a legal transaction.

2 Prices
2.1 Our prices are always the prices shown in the shopping basket on our website at the time of the order. Any prices differing from these which might be shown on the site due to loading from temporary storage (browser cache, proxies) are not current and are invalid. Our prices apply, provided that nothing else is explicitly agreed on 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 becomes the customer’s property.

3 Order
3.1 We accept orders of products and services from the internet catalogue in writing only (for example by email or fax). The risk of a faulty transmission which cannot be clarified is borne by the customer.
3.2 The presentation of the products in the online shop does not constitute a binding legal offer, but only a non-binding online catalogue. By clicking the “send order” button, you make a binding order for the items in the shopping basket. The confirmation of receipt of the order occurs directly after sending of the order and does not constitute acceptance of the contract. We can accept your order within five days by sending an order confirmation by email, or by delivery of the goods.
3.3 You place an order/make a purchase in our shop by
a) placing products in the shopping cart
b) entering your delivery and payment data
c) on the review page, confirming that your details are correct, and then clicking on the “Buy” button
You can find more information on the ordering process on our help page “How to order”
3.4 We store your order data. Should you lose documents regarding your order, please contact us via 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 work 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 explanations, with information regarding the expected dispatch date. Depending on the stated shipping method, a delivery will subsequently take place within the normal delivery time from Germany. Should there be changes in the expected dispatch date after an order, the customer shall be promptly informed about this by email.

5 Delivery service

5.1 For every delivery within Germany, we charge a flat rate of 5.90 euros (incl. VAT) for postage and packaging in the case of advanced payment, and 12.90 euros (incl. VAT) in the case of COD payments. Express deliveries are charged separately. DHL’s transmission fees (currently 2.00 euros is charged upon delivery) are borne by the customer. For goods collected from our location in Westerkappeln, we charge a handling fee of 10.00 euros (incl. VAT) for orders placed via the Internet. Deliveries outside of Germany are only possible with advanced payments, credit card payments or PayPal payments, and are not possible with COD or invoice! Should you request an express delivery, you will be billed for the additional costs for packaging and shipping. You will be notified of the respective amount before shipping.
5.2 Subject to immediate availability, we deliver the goods as soon as possible by a courier service, express company, by post (DHL) or with a parcel service.
5.3 We deliver by COD (only possible for deliveries within Germany), advance payment, payments by credit card (the handling fee for payments with a credit card is 1.98% of the total amount), PayPal payments (the handling fee for payments via PayPal is 1.98% of the total amount for customers resident in Germany. The handling fee for overseas customers is 3.4% of the total amount. Your PayPal account is charged directly on submission of the order.); it is also possible to make payments via Giropay, eps, and i-deal.
5.4 With advance payment, please arrange payments only after receiving a confirmation from us so that we can guarantee an immediate delivery of the goods.
5.5 Foto Erhardt GmbH does not accept any procurement risk. If the item is not available or temporarily unavailable for delivery, despite the prior conclusion of a purchasing agreement, Foto Erhardt GmbH will inform the customer immediately after the order, and will also subsequently keep the customer informed at regular intervals. Up to the time of delivery by our suppliers, Foto Erhardt GmbH is relieved of its obligation to perform, and can rescind the contract where unable to deliver. This does not apply if Foto Erhardt GmbH is responsible for the non-delivery of its supplier. Should Foto Erhardt GmbH want to withdraw from the contract, it shall exercise its right of cancellation without delay.
5.6 In the case of a cancellation, Foto Erhardt GmbH shall immediately reimburse any of the purchasing price already paid. The customer’s compensation claims are excluded. This does not apply if Foto Erhardt GmbH is responsible for the non-delivery of its supplier.
5.7 Extensive information regarding shipping costs can be found at www.foto-erhardt.de/shipping.php.

6. Transfer of risk and guarantee
6.1 If the customer collects the goods from Foto Erhardt GmbH's premises, the risk of any accidental loss or accidental damage passes to the customer on delivery of the goods. If Foto Erhardt GmbH sends the goods to the customer, the risk passes to business entities on handover of the goods to the transporter and to consumers when the transporter delivers the goods to the consumer.
6.2 The warranty begins with delivery of the goods, and is determined by the legal provisions. Should repairs or changes to the delivered item be undertaken by the customer or by third parties, without the written consent of Foto Erhardt GmbH, all warranties shall become void. Sentence 2 shall not apply if the customer proves that the damage in question was not caused by changes made by him/her or the third party.
6.3 The limitation period for statutory compensation claims is 2 years if the customer is a consumer.
6.4 If the customer is a business entity, the limitation period for warranty claims is one year, and Foto Erhardt GmbH has the choice to rectify either by remedying the defect, or by delivering a non-defective product. Apparent defects in the product or service must be reported to Foto Erhardt GmbH in writing.
6.5 The limitation periods referred to in Clauses 6.3 and 6.4 do not apply in cases of intent, fraudulent concealment of a defect, or if Foto Erhardt GmbH has undertaken a guarantee for the quality of the delivered product. The limitation periods in Clauses 6.3 and 6.4 are also not applicable to claims for material defects in cases of injury to life, limb, or health, to claims under the Product Liability Act [ProdHaftG], to grossly negligent breaches of duty, or to the culpable breach of important contractual obligations.
6.6 Foto Erhardt GmbH does not undertake any warranty for normal wear and tear, or for defects caused by faulty or negligent handling or operating, or for extraordinary operating conditions.
6.7 Guarantee notice: Some manufacturers grant guarantees for their products which go beyond the legal guarantee rights. The manufacturer’s guarantee provisions apply.

7 Reservations of title
7.1 For consumers, we reserve ownership of the purchased item until full payment of the invoice amount. If you are a business entity in the exercise of your commercial or self-employment work, a legal person under public law, or a special fund under public law, we reserve ownership of the purchased item until settlement of all outstanding claims from the business relationship with the orderer. The corresponding security rights are transferrable to third parties.
7.2 You only have a right of set-off if your counterclaims have been established by law or are undisputed, or if we have recognised them in writing. Moreover, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
7.3 If the customer is in default of any payment obligations s/he owes us, as existing claims become due for payment immediately.

 
8 The customer’s right of revocation under the Distance Selling Act [FernAbsG]

8.1 Cancellation policy

Consumers (Section 13 of the German Civil Code [BGB]) are entitled to the following right of revocation:

Right of revocation
You have the right to rescind this contract within fourteen days without giving reasons. The rescission period is fourteen days from the day on which you, or a third party designated by you who is not the consignor, took possession of the goods.

In order to exercise your right of revocation, you must inform us (Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, info@foto-erhardt.de, Telephone: 05404 963396, Fax: 05404 963350) with a clear statement (e.g. with a letter sent by post, fax, or email) of your decision to revoke this contract. You may use the attached sample rescission form for this, but it is not required. You can also fill in and send the sample rescission form or another clear statement electronically on our website https://www.foto-erhardt.de/cms/17/retoure-widerruf-formular.html. If you use this option, we will immediately send you (e.g. by email) a confirmation that we have received such a revocation.

To comply with the rescission period, it is sufficient for the notification about the exercise of the right to rescind to be sent before the rescission period expires.

Consequences of rescission
If you rescind this contract, we have to immediately repay you all payments that we have received from you, including delivery costs (except for the additional costs resulting from your having chosen a different type of delivery than the cheapest standard delivery we offer), at the latest within fourteen days from the day on which we received the notification that you are rescinding this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no event will you be charged fees due to this repayment. We can refuse the repayment until we have received the goods back, or you have provided evidence that you have sent back the goods, whichever is earlier.

You are to send back or hand over the goods immediately, and at the latest within fourteen days from the day on which you informed us that you were rescinding this contract. You have complied with the time period if you send the goods before the fourteen day period expires. You bear the direct costs of re-sending the goods. You only have to pay for any loss of value for the goods if this loss of value is attributable to your handling of the goods other than as necessary to ascertain their nature, qualities and functionality.

End of the cancellation policy

The right of revocation does not exist for the following contracts:
Contracts for the delivery of goods which are not prefabricated, and where an individual choice or determination from the consumer is decisive for their manufacture, or which are clearly adapted to the consumer’s personal requirements.
Contracts for the delivery of sound or video recordings or computer software in sealed packaging, if the packaging was removed after delivery.
Your right of revocation lapses prematurely if the contract is fully performed by both parties at your express request before you have exercised your right of revocation.


Sample revocation form

(If you wish to revoke the contract, then please fill in this form and return it to us.)

  To Foto Erhardt GmbH, Gartenkamp 101, 49492 Westerkappeln, info@foto-erhardt.de, Fax: 05404 963350

  I/we (*) hereby revoke the contract I/we (*) have concluded to purchase the following goods (*)/the 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 for notification on paper)

  Date

(*) Delete as appropriate.

Please note: If you wish to give notice of your revocation online, you can find an electronic sample revocation form under “Return/revocation form” in the footer.

9 Academy and workshops
9.1 Scope of service: Foto Erhardt runs courses/workshops on photography, image editing, and image creation, in conjunction with digital technologies. Structure, content, learning objectives, and details on the running of the offer chosen are to be taken from the respective course descriptions. We reserve the right to make small changes to the content.
The courses take place in the branches specified.
9.2 Registration/confirmation: Registration is normally online at www.foto-erhardt.de/akademie or in Foto Erhardt’s branches. The registration becomes binding on inclusion in a participant list. Registrations are confirmed by email to the email address given by the participant. The seminar fees are due and payable immediately with registration in the branches.
Where the online form is used, the registrations are considered in the order they are received. If there are more registrations than spaces for a seminar, a waiting list is set-up.
Foto Erhardt reserves the right to remove a participant automatically from the participant list where s/he is default of payment, and to reassign the space. The right to assert further loss is expressly reserved.
9.3 Cancellation: It is possible to cancel a seminar booking without charge up to a week before the start of the seminar; in these circumstances any payment already made is reimbursed. If there is no cancellation, or cancellation is not in time, reimbursement of the seminar fee is excluded. The participant has the option of naming a replacement participant.
A cancellation is in time if received by Foto Erhardt on the weekday corresponding to that on which the seminar begins. Cancellations must be in writing; it is sufficient to send these by email to akademie@foto-erhardt.de or by fax to 0 54 04 – 96 33 66.
9.4 Cancellation of the seminar: Foto Erhardt reserves the right to cancel the seminar for reasons not within Foto Erhardt’s responsibility, and which mean that a seminar cannot take place either as planned or at all. Such reasons particularly include illness/accident of a lecturer or force majeure (catastrophes, declared states of emergency, strikes, or armed conflicts). In the event of a cancellation, Foto Erhardt will inform the participants via email to the email addresses given by the participants. Payments already made will be reimbursed. Further compensation is excluded.
9.5 Rights to image material: The participant hereby grants Foto Erhardt an irrevocable, exclusive right of use, which is unlimited in time and place, transferrable, and includes all known and unknown types of use, to the images produced during a seminar.
Foto Erhardt is entitled, with the participant’s prior consent, to use the photos produced during the seminar for advertising purposes.
The participant is entitled to use the images produced as part of a seminar for private purposes - such as non-commercial publication on the Internet. Any further use requires prior, written permission from Foto Erhardt. This does not apply to images produced as part of the “Elegant Nude Photography” and “Professional Portrait” seminars.
The participant indemnifies Foto Erhardt against all claims, losses, costs, and charges incurred due to a breach of section (1) and/or in connection with a use under the above section.
9.6 Copyrights: Documents handed out and accompanying material in seminars are protected by copyright and may not - even in extracts - by reproduced or made publically accessible without Foto Erhardt’s prior written permission.

10 Waste disposal and environmental provisions
10.1 Electrical and electronic devices may not be disposed of in household waste.
10.2 Consumers can deliver their old electrical/electronic devices free of charge to one of the communal collection points.

Battery Act [BattG]
10.3 Our suppliers have complied with their reporting obligations with the Federal Environmental Agency.
10.4 Notice for end-users:
Batteries may not be disposed of in household waste. End-users are obliged by law to return used batteries.
End-users can return empty batteries after use to the point of sale or to communal collection points, free of charge.
All batteries or rechargeable batteries bear the symbol of the “crossed out dustbin”.
Chemical symbols:
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 Battery Act can be found from the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety. (www.bmu.de)

11 Disclaimer
11.1 The limitations of liability do not apply for damage which is due to intent or gross negligence, as well as for injuries to life, limb, or health.
11.2 We have compiled this internet catalogue and the descriptions and prices contained within it with great care. We cannot, however, assume liability for any possible printing errors, or for the constant deliverability of all goods. Subject to price changes, errors and prior sale. All offers are non-binding.
11.3 Independent of legal ground, compensation claims against Foto Erhardt GmbH and its sub-contractors or vicarious agents are 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 a breach of an important contractual obligation, the compensation is, however, limited to ten times the contract value. The customer is responsible for the safety of his/her data. Foto Erhardt GmbH is only liable for expenses necessary for the restoration of data which is required with the customer regularly backing up his/her data.

12 Final provisions
12.1 These General Terms and Conditions contain all rights and obligations of the contracting parties.
12.2 If customer is a businessperson, or has no place of residence within the European Union, our registered office is the sole place of jurisdiction for all disputes between the contracting parties, including bill of exchange and cheque claims.
12.3 The German law applies exclusively, excluding the provisions of UN sales law. In dealings with end-users within the European Union, the law at the end-user’s place of residence could apply, if there are mandatory provisions of consumer legislation.

Address and validity

Foto Erhardt GmbH
Gartenkamp 101
D-49492 Westerkappeln
Germany

Tel. +49 5404-963396
Available Mo-Fr 10:00-17:00
Fax +49 5404-963350

info@foto-erhardt.de
http://www.foto-erhardt.de

Commercial Register No. HRB 1593, Local Court Osnabrueck
General Manager: Christian Erhardt, Birthe Erhardt, Anabel Erhardt
VAT ID No. DE117045766
Tax No. 66/203/01804