I. Validity of the conditions
1. The achievements and supplies of Fotoatelier Jürgen Mai are made on basis of the available trading conditions.
2. Within the range of the commercial course of business hereby expressly one contradicts to counter attestations under reference to business and/or purchasing conditions. This applies also if these by confirmation letters is conveyed.
3. Individual agreements remain unaffected by the aforementioned regulations.
1. All goods supplied by Fotoatelier Jürgen Mai are in copyright matters protected and serve exclusively the private use. A commercial use, or publication, also in part, is possible only with express permission by Fotoatelier Jürgen Mai.
III. Delivery times, partial delivery
1. In the rain case all orders in roofridge are fulfilled by approx. one week. Exceptions are e.g. factory shut-down or the like. Concerning this the orderer is informed however by email.
2. If the disregard and/or delay of an agreed upon time for delivery is on higher force, labor disputes, fire, to lead back unexpected obstacles or other circumstances which can be represented from Fotoatelier Jürgen Mai not the time for delivery is extended for the duration of these events. This applies accordingly if Fotoatelier Jürgen Mai with entrance of one of these events in failure to deliver is.
3. For the case of the achievement prevention in the sense of number 1 of more than one month Fotoatelier Jürgen Mai and the customer are entitled to withdraw concerning the supply in delay from the contract. During disregard of the date of delivery from others than in number 1 reasons specified a ruecktrittsrecht exists only for the customer. For the resignation by the customer it is necessary that he set Fotoatelier Jürgen Mai in writing an appropriate respite of at least 2 weeks with refusal menace.
4. In the commercial course of business Fotoatelier Jürgen Mai is entitled to furnish partial deliveries.
IV. Supply, transport, danger
1. With the delivery to the transport enterprise the dangerturns into on the customer. This applies, even if partial deliveries take place or, took over Fotoatelier Jürgen Mai additional achievements, e.g. transport costs or delivery.
2. By the delivery to the transport enterprise Fotoatelier Jürgen Mai of the obligation to perform becomes free. The transport of the commodity happens on danger and to be paid by of the customer. The transport enterprise is determined by Fotoatelier Jürgen Mai under exclusion of the adhesion for the choice of the cheapest and fastest mode of shipment.
3. Equipment the customer in default of acceptance, is Fotoatelier Jürgen Mai entitled to require the developed damage whereby the customer the proof of a smaller damage remains reserving.
4. A transport insurance will lock Fotoatelier Jürgen Mai only on special written instruction on calculation of the customer.
V. Conclusion of a contract
1. All offers of Fotoatelier Jürgen Mai are not-binding. A conclusion of a contract takes place only with confirmation of order or supply via the Fotoatelier Jürgen Mai. The customer is bound 14 days - so far not differently agreed - to the orders.
2. Fotoatelier Jürgen Mai becomes contracting party of a sales contract only if within the order procedure over the Internet expressly it is not pointed out that no offer switching is transacted here to third enterprises.
VI. Right of revocation
1. A right of revocation is entitled to the consumer after § 355 BGB. The period of revocation begins with the time, to which the customer a clear arranged instruction over his right of revocation, which makes according to the requirements of assigned means of communication its rights clear for it, was placed, on a durable data medium to the order. The period does not begin however the day ago of the entrance of the commodity with the consumer. The period of revocation amounts to two weeks. The revocation does not require reason. For period keeping the punctual sending off of the revocation in text form is sufficient to the address of Fotoatelier Jürgen Mai and/or return of the commodity, indicated down, to this address. A right of revocation does not exist with contracts for the supply of goods, which are made after kundenspezifikation.
2. With orders up to an amount of euro 40 the customer has to bear the regular cost of the return. For warenruecksendungen, which exceed an amount of euro 40, the Fotoatelier Jürgen Mai takes over the transport costs. The consumer has for this to assign for it free of charge, the German post office AG an unfree standard ending. Postage costs, which result to the consumer from a return freed from it, cannot be returned.
3. The consumer has to carry indemnification according to value out for a degradation resulted from the intended use of the commodity, it is, the degradation is exclusive to the examination of the commodity to be due.
VII. Guarantee, obligations to examine
1. Fotoatelier Jürgen Mai ensures in the context of the following regulations, for the duration of the legal guarantee time that supplies and achievements are free from errors in the guarantee-legal sense.
2. Obvious lack are to be indicated at the latest 14 days after receipt to the supply in writing. In the commercial course of business it is necessary that the commercial customer according to §§ 377, 378 HGB determined its investigation and be incumbent onnessesruegeobliegenheiten being incumbent onnesses duly followed.
3. As far as a lack of the supply or achievement is present, the customer can require for own choice defect removal or replacement. Is possible for Fotoatelier Jürgen Mai the lack removal or replacement (Nacherfuellung) only with disproportionately high costs, then the requirements of the customer on the other kind of the Nacherfuellung are limited. If the Nacherfuellung fails twice, then the customer is entitled after its choice to cancel (transformation) or an appropriate reduction of the remuneration (decrease) and payment of damages require the contract.
4. In order to ensure as rapid a treatment as possible, a copy Kaufrechnung/des of delivery note and a detailed error description should be attached to the return of the commodity.
5. The customer should send back the lodged a complaint commodity in this connection duly, as original-packed as possible at Fotoatelier Jürgen Mai. For damage caused due to incorrect packing by the customer an adhesion cannot be taken over.
6. The completion of unauthorized guarantee and/or warranty claims, if these are to due to resolution or rough negligence, takes place subject to an additional charge us via it developed expenditures. Fotoatelier Jürgen Mai reserves itself a calculating of cost lump sums of the suppliers in these cases.
VIII. Retention of title
1. Fotoatelier Jürgen Mai reserves itself the property at supplied goods up to the complete payment.
2. The customer surrenders concerning the reservation commodity which are entitled demands and claims for remuneration (e.g. from bad action, insurance claims) already now to him at height of the invoice amount of the reservation commodity to Fotoatelier Jürgen Mai.
3. The reservation commodity being located in the property of Fotoatelier Jürgen Mai is in the commercial course of business for the duration of the retention of title against fires, water, to insure theft and einbruchsdiebstahl. The rights out this insurance are surrendered to Fotoatelier Jürgen Mai, whereby this accepts the transfer.
4. Fotoatelier Jürgen Mai reserves itself in the commercial course of business the property at the delivery articles up to the entrance of all payments from the business relation with the buyer. In the course of the current account reservation also the recognized balance is seized, if demands are booked opposite the buyer in the context of the current calculation.
5. The customer is entitled for the far sale, verpfaendung, transfer by way of security, letting or placing of the reservation commodity abroad only after previous written agreement of Fotoatelier Jürgen Mai.
6. If the object of the purchase with others is inseparably connected, not in the property of Fotoatelier Jürgen Mai standing things or mixes, Fotoatelier Jürgen Mai acquires the co-ownership at the new thing in the relationship of the value of the object of the purchase to the other connected or mixes articles at the time of the connection or mixture.
7. If third access the reservation commodity, the customer has to refer to the property of Fotoatelier Jürgen Mai and to inform these immediately in writing.
IX. Payment, delay of payment
1. Payments must be made to costing and free of charges on bank account indicated on the calculation by Fotoatelier Jürgen Mai, whereby changes and cheques are accepted exclusively in payment of a debt. Fotoatelier Jürgen Mai is beyond that justified, when damage caused by default interests at a value of 5 % over the basis interest rate and/or with legal transactions, in which a consumer is not involved, to require at a value of 8% over the basis interest rate. The asserting of a Fotoatelier Jürgen Mai of developed higher damage remains unaffected. The customer is entitled to lead the proof that Fotoatelier Jürgen Mai or a smaller damage did not develop.
2. In relation to requirements of Fotoatelier Jürgen Mai can up-count the customer only on undisputed or validly determined demands.
3. In commercial traffic a right of lien and a right to refuse payment of the buyer with exception of undisputed or validly determined counterclaims are impossible.
X. Adhesion and limitations of liability
1. With the injury more contract-substantially are responsible Fotoatelier Jürgen Mai cardinal (Haupt)pflichten for indebted damage. In all other respects an adhesion exists only with resolution and rough negligence.
2. If and as far as the adhesion is excluded from Fotoatelier Jürgen Mai, this applies also to the personal adhesion of the employees, employees, coworkers, representatives and executing aides of Fotoatelier Jürgen Mai.
XI. Place of delivery, area of jurisdiction
1. For all requirements from the contractual relation existing between the customer and Fotoatelier Jürgen Mai is place of delivery the seat of Fotoatelier Jürgen Mai.
2. So far the customer full buyer in the sense of the HGB, legal entity of the public right or public special estate is, is indirectly Darmstadt exclusive area of jurisdiction for all itself from the contractual relation disputes resulting in directly and.
XII. Applicable right, data security, effectiveness
1. It applies the right of the Federal Republic of Germany, whereby the validity of the uniform international purchase right (UNCITRAL agreement) is excluded.
2. Fotoatelier Jürgen Mai is entitled electronically to store and further process it by the customer left the data. A deletion of the data requires writing. Fotoatelier Jürgen Mai is then justified, itself from the contract documents devoted customer data or for contract execution necessary is on third to pass on in particular at Kreditinstitut and Vertragspartner as far as this serves the job execution. The valid regulations of the data security are considered by Fotoatelier Jürgen Mai.
3. Should be ineffective one or more regulations, then this does not affect the effectiveness of the remaining regulations. Address: Fotoatelier Jürgen Mai, Keltenstr. 35, 64625 Bensheim Germany