Terms & Conditions

General Terms and Conditions of the Online Shop

shop.carmenandingo.com

§ 1 General

(1) We, the Carmen and Ingo Photography GbR [civil law company], represented by their members Carmen and Ingo Leitner, Josef-Wechselberger-Weg 3, 82140 Olching, Germany (hereinafter “we” or “Carmen-and-Ingo-Store”) offer goods for sale via the websites of store.carmenandingo.com.

(2) For our services, the available general terms and conditions apply exclusively. Deviating general terms and conditions and/or conditions of purchase of the customer are objected to.

(3) In case the customer is an entrepreneur, a legal entity under public law or special fund under public law, our general terms and conditions also apply to future businesses, even if not expressly agreed upon again.

§ 2 Right of revocation for consumers (§ 13 BGB, German Civil Code)

Insofar as you complete the purchase at our shop as a consumer (§ 13 BGB, German Civil Code), the following applies in your favour:

Revocation policy

Right of revocation

Within fourteen days, you have the right to revoke this contract without stating the reasons.
The revocation period,

1. in case of a contract regarding the delivery of digital contents, which are not delivered on a physical medium, is fourteen days starting with the day of conclusion of the contract;

2. in case of a purchase contract regarding a single good, which is able to be delivered in one single shipment, is fourteen days starting with the day you or a third person designated by you, who is not the carrier, took possession of the goods;

3. in case of a purchase contract regarding several goods, which you ordered within the frame of one common order and which are delivered separately, is fourteen days starting with the day you or a third person designated by you, who is not the carrier, took possession of the last good.

4. in case of a purchase contract regarding the delivery of a good in several separate consignments or pieces, is fourteen days starting with the day you or a third person designated by you, who is not the carrier, took possession of the last consignment or the last piece and

5. in case of a purchase contract regarding the regular delivery of goods over a fixed period of time, is fourteen days starting with the day you or a third person designated by you, who is not the carrier, took possession of the first good.

In order to exercise your right of revocation, you have to inform us (Carmen and Ingo Photography GbR, Josef-Wechselberger-Weg 3, 82140 Olching, Germany, e-mail: foto@carmenandingo.com, phone: +49 (0) 176 / 213 251 88) by means of unequivocal statement (e. g. mailed letter or e-mail) regarding your decision to withdraw from the contract. For that reason, you may use the attached sample form for cancellation, which is not stipulated, however.

In order comply with the revocation period, it is sufficient to send the notice concerning the exercise of the right of revocation before expiration of the revocation period.

Consequences of revocation

If you withdraw from the contract, we shall repay you all payments, which we have received from you, including delivery costs (except from additional costs arising from your decision to use other methods of delivery than the favorable standard delivery offered by us), immediately upon and no later than fourteen days after the day we have received your notice concerning your withdrawal from the contract. For repayment, we use the same payment method you used at the initial transaction, unless expressly agreed otherwise; in no event you will be charged with additional fees for repayment. We may refuse repayment until we have regained the goods or until you have provided evidence of sending back the goods, whichever is earlier.

You have to return or hand over the goods to us immediately and in any case within fourteen days after the day you informed us on your withdrawal from the contract. The time limit is observed if you dispatch the goods before expiration of the time limit of fourteen days.

You bear the direct costs for returning the goods.

You are only liable for any diminished value of goods resulting from you handling the goods other than what is necessary to ascertain the nature, characteristics and functionality of the goods.

The right of revocation also expires in case of a contract concerning the delivery of digital contents not stored on a physical medium if we have already commenced execution of the contract after you

1. expressly agreed that we commence execution of the contract before expiration of the revocation period and
2. you have confirmed your knowledge of you losing the right of revocation by agreeing with commencement of executing the contract.

§ 3 Exclusions of the right of revocation
The right of revocation pursuant to § 2 does not apply to the following contracts:

1. Contracts concerning the delivery of goods, which are not prefabricated and for which an individual selection or decision by the consumer is essential or which are clearly tailored to the personal needs of the consumer,

2. Contracts concerning the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery or

3. Contracts concerning the delivery of newspapers, periodicals or magazines except from contracts regarding subscriptions.

§ 4 Revocation form

Sample Revocation Form

(In case you want to withdraw from the contract, please fill in this form and return it to us.)

To Ingo Photography GbR, Josef-Wechselberger-Weg 3, 82140 Olching, Germany, e-mail: foto@carmenandingo.com

I/We (*) hereby withdraw from my/our (*) contract regarding the purchase of the following goods (*)/provision of 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 notices on paper)

Date

(*) Delete as appropriate.

§ 5 Prices

The prices depicted at our websites at the time of the order apply for the offered goods and their shipping. The stated prices are retail prices including statutory value added tax.

§ 6 Conclusion of contract

(1) Our product descriptions do not yet constitute a binding offer.

(2) After entering your personal data, reviewing regarding the accuracy of your entries on the subsequent overview page and by confirming the order in the final step of the order process, you make a binding offer to purchase concerning the goods contained in the shopping cart. If your order has successfully been sent to us, you receive an e-mail confirming the entry of the order and giving you all necessary information regarding the order an the ordered goods. This confirmation e-mail does not yet constitute a binding acceptance of the order by us. The confirmation e-mail does only constitute acceptance if expressly declared by us. The conclusion of the contract and thus, a contractual obligation regarding the individual services shall only be entered if we expressly accept your offer to purachse by means of order confirmation or conclusive action, especially by shipping and receipt of goods. You are bound by your offer for 7 business days.

(3) You can cancel your order by pressing the “Cancel” or the “Back” button and by closing the browser window at any time. The overview page appearing before conclusion of the order enables you to review your entries with regard to entry errors and to correct possible entry errors after pressing the “Back” button. For the conclusion of the contract, only the German lanaguage is available. Details of the contract are stored by us for the period of time legally applicable, send to you within the confirmation e-mail and can be forwarded to you on written request in the event of loss of your documents.

§ 7 Terms of payment, shipment, delivery period, delivery restrictions and reservation of title, precondition for the use of digital contents

(1) Subject to differing agreements in individual cases, the following applies to the payment and shipment:

a) You can either pay by transfer in advance or PayPal.

b) In case of selecting the payment condition “transfer in advance”, we ship the good to the custumer in Germany within 10 business days after receiving the payment. The period for delivery starts with receipt of payment at our account. If the last day of the period is a Saturday, Sunday or a public holiday at the place of delivery, such a day is replaced with the subsequent business day. If you chose PayPal, the aforementioned delivery period starts immediately after your payment. The customer bears the costs for shipping. Principally, we dispatch physical objects only within the European Union, purely digital contents also globally. As we cannot reasonably calculate in advance the costs for shipping abroad, the customer, who orders from outside Germany, shall inform himself or herself on his/her own regarding this matter. If you, in a particular case, request shippping of a good into a country outside the Euopean Union, you are responsible for proper import customs and bear the costs thereof.

c) The conditions for payment, delivery time and shipment in the online offer may be settled derogatirly from the preceding paragraphs. In this case, the regulations on our websites apply.

(2) If you are in default with your payment and if you transact business as a consumer (§ 13 BGB, German Civil Code), you are obliged to pay us a default interest in the amount of 5 percentage points above the base rate, unless we are able to produce evidence of higher losses. If you act as an entrepreneur, Clause 1 applies subject to the default interest being 9 percentage points above the base rate.

(3) The delivered good remains our proterty until full payment.

(4) In the event we have closed a contract with our distributor regarding the delivery of the good (so-called “hedging transaction”) due to your order and if our distrubutor does not fulfill his/her delivery obligation arising from the hedging transaction, we operators may withdraw from the purchase contract by means of statement to the customer. In case of Clause 1, we shall immediately inform you regarding unavailability and we shall promptly repay already made payments or other compensating measures on your side in this case.

(5) If you purchase digital contents, the following applies for the use thereof, unless stated otherwise within the specific service description:
1. A valid licence (or test version) and the program version of Adobe Lightroom, version 4 or later are required for the use of so-called presets for Adobe Lightroom,

2. For viewing the image files (e.g. jpeg), a standard PC including image viewing software and/or a tablet is required,

3. Viewing movie files requires the installation of a player, which is able to read h.264 codec on your device,

4. Viewing PDF files requires a PDF reader (e.g. Adobe Acrobar reader, available for free at adobe.com),

5. Extracting Zip files requires the installation of an application for unpacking these files.

§ 8 Liability for defects

(1) In case of defects in the goods within the legal period, you are obliged to inform us about these and to return the good to us on your own account. As carriage forward shipments involve high additional costs, you are not authorized to use this shipping method; thus, we will reimburse you without undue delay and, on exlicit request, we will also advance the costs for shipment.

(2) The performance of possible rights related to defects comply with §§ 433 ff. BGB (German Civil Code). If you purchase as an entrepreneur (§ 14 BGB, German Civil Code), the period for asserting defect rights is limited to the duration of one year and we are entitled to repair or resupply the goods according to our decision.

§ 9 Liability clause

(1) Irrespective of the legal grounds (e.g. from contractual or similar to contractual obligations, breach of duty or tort) , we shall pay damages or compensation for futile expenses only to the following extent:

a. Liability based on intent and warranty shall be without limitaton.

b. In case of gross negligence, we are liable to entrepreneurs in the amount of the typical damage and damage foreseeable at the time of contract completion, insofar as it is not a fundamental obligation whose fulfilment mainly facilitates the proper perfomance of the contract purpose and the adherence to which you may generally trust in (so-called cardinal duty).
We are liable unrestrictedly to customers in case of gross negligence.

c. If we negligently breach a cardinal duty, we are only liable in the amount of the loss typically foreseeable at completion of the contract.

d. If we are in default with our service, we are also liable for coincidence, unless the loss may have also eventuated in case of due performance.

e. Furthermore, our liablity for ordinary negligence is excluded.

(2) We reserve the right to raise an objection for partial blame. You are obliged to store data according to the current state of the art.

(3) Insofar as our liability is excluded or limited, this also applies to the personal liablity of our employees, representatives and agents.

(4) The above paragraphs of § 9 (Liability clause) do not apply in case of injury to life, body, health and in case of claims under the German Product Liability Law.

§ 10 Data protection

(1) We shall comply with data protection requirements, especially the requirements of the Federal Data Protection Act and the German Telemedia Act.

(2) For attaining the purpose of the contract, we need your personal data which you must state in the course of the order (information marked with asterisk). These are:

Salutatory address, first name, name, e-mail address, street no., zip code, town, country. These data are compulsory. Further, you may provide optional indications (data fields not marked with an asterisk).

(3) We collect and store the data ourselves. Moreover, we forward these data to partner companies (e.g. shipping companies such as Deutsche Post AG), which we employ to perform the contract closed with you. Your personal data are not disclosed to third parties.

§ 11 Final provisions

(1) The laws od the Federal Republic of Germany shall aplly with the exception of the UN Sales Convention. With regard to consumers (§ 12 BGB, German Civil Code), this choice of law only applies insofar as the protection granted by the mandatory regulations of the law of the state with regard to the consumer’s habitual place of residence is not withdrawn thereby (so-called “favorability principle”).

(2) With regard to contracts with merchants, legal entities under public law or special fund under public law, place of performance and jurisdiction for all disputes regarding and arising from this contract shall be Leipzig, Germany.

Version: February 2016 – Translated from German AGB