(The German text is legally binding)

 

§ 1 Conclusion of a contract

1. All conditions of contract between PhotoMediaShop and the purchaser are exclusively subjected to the general terms and conditions of PhotoMedia Shop. Different terms and conditions of the purchaser are not accepted. Individual agreements can only take effect if they are fixed in writing.

2. The offered pieces of art are originals, that means a sales guarantee can't be provided. Consequently all offers are always without obligation. All details referring to prices, formats and delivery might change constantly. All shop offers are subjected to constant change. Especially with limited editions we can't guarantee that an article is still available at the time of ordering respectively can be delivered on equal terms. The acceptance of an order can be refused without giving reasons and/or may be connected with additional conditions concerning delivery. If delivery is not possible at all or not possible on the given conditions the purchaser will be informed immediately.

3. The purchaser is obliged to give all required details (name, address, etc) truthfully and completely when placing an order. The acknowledgement of order is sent to the purchaser by post. The contract between PhotoMediaShop and the purchaser is achieved with PhotoMediaShop acknowledging the order. Damages caused by wrong details are to be answered for and if need be compensated by the purchaser.

 

§ 2 Prices and payment terms

1. Deliveries are carried out corresponding to the prices and conditions listed up. All prices include the presently valid VAT of Germany. The prices are understood plus postage and packing. VAT as well as the extra charges for postage and packing will be shown on the acknowledgement of order.

2. All deliveries will only be carried out if you pay cash in advance. Payments have to be made by bank transfer. Bank transfer charges amount to the debit of the purchaser's account and are to be added when filling in the transfer order form by the purchaser himself. After the receipt of the payment the purchaser will be informed when the delivery was sent off by e-mail.

 

§ 3 Right of withdrawal

1. The purchaser reserves the right to withdraw his order without giving any reasons within 10 days after the acknowledgement of order has been sent off by post (by e-mail).

2. To keep the period of notice it is enough if the purchaser sends off his cancellation in the specified time. After receiving the purchaser's cancellation possible payments will be refunded. The purchaser is obliged to send back the delivery to PhotoMediaShop at his own risk and costs.

3. If the purchaser doesn't make use of his right of withdrawal within these 10 days, he is automatically obliged to accept the requested article and pay for it.

 

§ 4. Transport, Insurance, Customs, Taxes

1. Term of delivery starts after the purchaser's payment to the account of PhotoMediaShop has been received and usually lasts two weeks. Terms of delivery prolong in cases of hindrance, difficulties of production and in consequence of force majeure as well as incorrect self-supply.

2. The contract is considered completed by PhotoMediaShop as soon as the article has been handed over to the transport firm. (usually "Deutsche Post AG")

3. Delivery is carried through at the purchaser's risk. Delivery costs will be charged to the purchaser. All deliveries will be sent by registered post to the address given by the purchaser. The purchaser is responsible for a correct customs clearance.

4. Prices and conditions for package and insurance are shown (see information). Transport damages must be reported immediately on receiving goods. The transport firm is liable for damages which occur during transport according to their legal regulations.

5. For deliveries inside Germany the legal VAT-charges are included in prices. VAT-charges are shown separately. Deliveries abroad may include taxes and other charges within the receiving country. These costs must be paid directly by the purchaser.

 

§ 5. Guarantee

1. The legal regulations of Germany apply unless something else will be decided in the following paragraphs.

2. PhotoMediaShop doesn't take responsibility for minor differences between the delivered pictures and the listed ones. With art prints and other print products minor differences in colour, format, paper and surface quality are by reason of production respectively typographically not completely avoidable. Such differences don't justify a notice of complaint.

3. PhotoMediaShop uses materials of a high quality standard for its products. Incorrect deliveries and obvious faults must be reproved by the purchaser within one week after receiving the delivery.

4. Please, mind that due to different media and screens the prints may differ in colour, raster screen, resolution and grey spectrum from the original photos.

 

 

§ 6. Return and exchange

1. It is the purchaser's responsibility to check whether the ordered pictures are in compliance with the legal regulations in the country of destination. In case he doesn't and the import of a delivery is not allowed PhotoMediaShop won't accept responsibility to take back the pictures and to refund payments.

2. Furthermore, pictures already ordered and delivered will neither be exchanged nor taken back.

 

§ 7. Copyright

The reproduction, duplication or sale of PhotoMediaShop pictures by the purchaser or third parties is not allowed. Copyright and all publishing rights remain with PhotoMediaShop. The purchase of originals doesn't include the transferring of rights, either implicit or explicit ones. In particular the rights of the persons portrayed are preserved completely. The permission of the persons portrayed for the sale and publishing of the respective photos remains exclusively with PhotoMediaShop and doesn't include an agreement for further publishing in other media, in whatever form.

 

 

8.Commercial and editorial use

1. The purchaser has the option to use the pictures for editorial and commercial purposes. For this a separate agreement has to be made in any case. The purchaser in principle only acquires a simple right of use for a single use only.

2. Exclusive rights of use, media referring or territorial exclusive rights or suspension dates will increase the basic payment.

3. By delivering the article only the right for a single use is transferred to the purchaser due to his given purpose and medium. Every use, utilization, duplication, propagation or publishing is to be charged.

4. Any changes of the pictures by photo composing or photomontage are not allowed without the permission by PhotoMediaShop. Furthermore it is not allowed to use the pictures as a model. They must not be photographed post-positively, copied from the original or further used as a motif.

5. Granted rights of use must neither be transferred completely nor partly to third parties by the purchaser.

 

 

§ 9 Data protection

1. The purchaser allows PhotoMediaShop to use, to store and to analyse the data which he has given in connection with the delivery.

2. The personal data of the purchaser will only be used and stored to carry out orders and possible complaints. The purchaser's e-mail address will only be used to inform the purchaser about the acknowledgment of order.

3. We won't give any purchaser's data to third parties.

 

 

§ 10 Other matters1. If one of these paragraphs(clauses) has ceased or will cease to be effective the other paragraphs will not be concerned by that.2. The law of the Federal Republic of Germany shall be applied. German law is applied to deliveries abroad, as well.3. If the customer is a merchant who has been entered in the Commercial Register (as a merchant), the place of performance and court venue shall be SChwerin.