General Terms and Conditions
In the following, the contractual conditions are regulated within the framework of purchase contracts, which are concluded via this online shop between Torsten Spiller, Pfarrstraße 70, 56564 Neuwied - hereinafter referred to as "seller" - and the respective buyer - hereinafter referred to as "customer".
§ 1 Scope, definition of terms
1. The following general terms and conditions apply to the business relationship between the web shop seller (hereinafter "seller") and the customer (hereinafter "customer") in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, § 13 BGB. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, § 14 BGB.
§ 2 Conclusion of contract
1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to the customer to submit an offer.
The customer can select products from the seller's range and add them to the shopping cart button a so-called shopping basket. Using the button required for the conclusion of the purchase contract, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can return to the page on which his data was recorded by pressing the "Back" button in the browser. Input errors can be corrected here. The ordering process can be canceled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
2. The receipt of the customer's order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about.
If the customer has chosen a payment method with immediate payment (e.g. PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the customer confirms the payment order. If the customer has chosen the advance payment method, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller declares acceptance. With this request for payment, we accept your offer.
3. The text of the contract will be sent to the customer on a durable medium (e-mail or paper printout) with the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but no later than upon delivery of the goods. The text of the contract is saved while maintaining data protection.
The customer can also view the seller's current terms and conditions at any time at https://spillerphoto.com/agb-allgemeine-geschaftsbedingungen/. Past orders can be viewed in the customer area at https://spillerphoto.com/account/
§ 3 Production of goods according to customer specifications
1. The customer provides the seller with all the necessary content, such as images, texts and files in the specified format for the production of goods that have to be made according to the customer's specifications.
2.The customer grants the seller the necessary rights of use
3. The customer undertakes to only transmit data that he is authorized to use and that do not infringe the rights of third parties. The customer shall indemnify the seller against the assertion of any claims by third parties and all costs of legal action incurred in this respect.
§ 4 Start of delivery period, delivery
1. In the case of payment in advance, the period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
2. The delivery is made to the delivery address specified by the customer or, if paying by means of a payment service provider such as PayPal, to the delivery address specified by the payment service provider.
3. If delivery to the customer was not possible and the transport company sends the ordered goods back to the seller, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced this a reasonable time in advance.
§ 5 retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
1. The prices stated on the seller's website include the applicable statutory sales tax.
2. Shipping and delivery costs incurred are shown during the ordering process and are to be borne by the customer unless otherwise stated.
3. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
4. In the case of shipping to a country outside the European Union, additional costs such as customs duties or taxes may be incurred. These are to be borne by the customer and are not paid to the seller, but directly to the responsible body. This also applies to the return of the goods in the event of a cancellation.
§ 7 Terms of payment
1. During the ordering process, the customer is shown the available payment options. This can be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer receives further information. Seller may determine the available payment options at its own discretion.
2. Payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In this case, the customer, who is a consumer, has to pay the seller default interest of 5 percentage points above the respective base interest rate.
3. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
4. Promotional vouchers are issued free of charge and are only valid for a limited period. The customer takes this from the respective voucher.The voucher can only be redeemed in the seller's online shop during this period and only for the products in the campaign. There is no cash payment. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. Subsequent offsetting against the voucher is not possible. The voucher is not personal and therefore transferable.
§ 8 warranty for material defects, guarantee
1. The statutory warranty rights apply to all goods from the seller's shop. The seller is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB.
2. In relation to entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.
3a) The following applies to the sale of used items to consumers: If a defect occurs one year after delivery of the item, the assertion of claims for defects is excluded. If a defect occurs within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item.
3b) There are no warranty rights when used items are sold to entrepreneurs.
4 . An additional guarantee exists for the goods delivered by the seller only if this has been expressly given in the order confirmation for the respective item. The scope of any guarantee can be found in the respective guarantee provisions.
§ 9 Liability
1. Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
3 . The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 10 Right of Withdrawal
If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy.
§ 11 Notes on data processing
Data protection is particularly important to us. Therefore you will find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
The seller has submitted to the test criteria of Geprüfter Webshop , which can be viewed online at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfbedingungen_Stand_05.2018.pdf are.
§ 13 Dispute Resolution Procedure
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts.More information is available at the following link: http://eceuropa.eu/consumers/odr
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 14 Final Provisions
1. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the UN sales law. In the case of orders from consumers from abroad, mandatory regulations or the protection granted by judicial law in the respective country of residence remain in place and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
3. The contract language is German.
These terms and conditions were created by www.gepruefter-webshop.de and are regularly checked for legal certainty.
Status: March 2022.