General Terms And Conditions

Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to all contracts you conclude with us as the provider (Photo & Event C.S. GmbH & Co. KG, Alte Poststraße 5, 97318 Kitzingen, Germany). This also applies to future deliveries and services.

  2. Deviating, conflicting, or supplementary terms and conditions of the buyer will only become part of the contract if we have explicitly agreed to their applicability in writing or in text form. This requirement for consent also applies if we carry out the delivery or service unconditionally, knowing the buyer's terms and conditions.

  3. Individual agreements made with an authorized representative of our company take precedence.

  4. We offer our goods for sale only if you are a natural or legal person or a legally competent partnership acting in the exercise of your commercial or independent professional activity (entrepreneur). A sales contract with consumers is excluded.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.

  2. All our offers are non-binding and subject to change without notice.

  3. If the contract is concluded via the online shopping cart system, the following applies: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal information and payment and shipping conditions, all order data is displayed again on the order overview page. If you use an instant payment system (e.g., PayPal up to EUR 1000, Sofort), you will either be directed to the order overview page in our online shop or first redirected to the website of the instant payment system provider. After selecting or entering your data there, you will be redirected back to our online shop to the order overview page. Before submitting the order, you can review and change all the information again (also using the "back" function of your internet browser) or cancel the purchase. By submitting the order via the corresponding button, you make us an offer. Acceptance by us occurs by sending an order confirmation.

  4. You also have the option to submit an inquiry via telephone, email, or post. You will then receive a non-binding offer. Subsequently, you can submit an offer to us. The contract is concluded upon sending an order confirmation/invoice from us.

  5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partially automatically via email. Therefore, you must ensure that the email address you have provided is correct, that the receipt of emails is technically ensured, and in particular, not prevented by spam filters.

§ 3 Custom-Made Goods

  1. You must provide us with the necessary suitable information, texts, or files for the individual design of the goods within the specified deadline after the conclusion of the contract via email. Any specifications regarding file formats must be observed.

  2. You undertake not to transmit any data whose content violates the rights of third parties (in particular, copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of necessary legal representation in this context.

  3. We do not check the transmitted data for correctness and do not assume any liability for errors.

  4. As specified in the respective offer, you will receive a proof from us, which you must promptly review. If you agree with the draft, you must approve the proof in text form (e.g., email) for execution. The design work will not be executed without your approval. You are responsible for checking the proof for accuracy and completeness and informing us of any errors. We are not liable for unreported errors.

§ 4 Prices, Payment Terms, and Shipping Costs

  1. The prices stated in the respective offers, as well as the shipping costs, are net prices. They do not include the statutory VAT.

  2. The incurred shipping costs are not included in the purchase price; they will be charged separately unless free shipping has been agreed upon. Further details can be found under a corresponding button on our website or in the respective offer.

  3. You have the payment options specified under a corresponding button on our website or in the respective offer. Unless otherwise stated for individual payment methods or on the invoice, payment claims from the concluded contract are due immediately. Discount deductions are only permissible if expressly stated in the respective offer or on the invoice.

§ 5 Delivery Conditions

  1. The expected delivery time is specified in the respective offer. Delivery dates and delivery periods are only binding if confirmed by us in writing. For the payment method "prepayment by bank transfer," the goods will only be shipped after the full purchase price and shipping costs have been credited to our account.

  2. If a product ordered by you is unexpectedly unavailable, despite the timely conclusion of an adequate cover transaction, for reasons beyond our control, you will be informed immediately about the unavailability, and in the event of withdrawal, any payments already made will be promptly refunded.

  3. Shipping is at your risk. If you wish, the shipment will be insured accordingly, with the costs to be borne by you. We ship free of charge within Germany; international shipping is always insured at a flat rate.

  4. Partial deliveries are permissible and may be invoiced independently, provided that you are not burdened with additional shipping costs.

§ 6 Warranty

  1. The warranty period for new items is one year from the delivery of the item; for used items, the warranty is excluded. The shortening of the period or exclusion does not apply:
  • to damages caused by us and attributable to the culpable violation of life, body, or health and in the case of other damages caused intentionally or through gross negligence;
  • if we have fraudulently concealed a defect or have assumed a guarantee for the condition of the item;
  • for items that have been used according to their usual purpose for a building and have caused its defectiveness;
  • for statutory recourse claims that you have in connection with defect rights against us.

  1. Only our own information and the product description by the manufacturer are considered as agreed upon for the quality of the item, but not any other advertising, public promotions, and statements by the manufacturer.

  2. In the event of defects, we provide warranty at our discretion by repair or replacement. If the defect remediation fails, you can demand a reduction or withdraw from the contract at your discretion. The defect remediation is considered failed after the second unsuccessful attempt unless the nature of the item, the defect, or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs resulting from moving the goods to a location other than the place of performance unless the move corresponds to the intended use of the goods.

§ 7 Right of Retention, Prohibition of Set-Off, Retention of Title

  1. You may only exercise a right of retention if it relates to claims arising from the same contractual relationship. Set-off is only permissible with undisputed or legally established claims.

  2. We reserve ownership of the goods until all claims from the ongoing business relationship have been settled. Pledging or transferring ownership by way of security before the transfer of ownership is not permitted.

  3. You may resell the goods in the ordinary course of business. In this case, you now assign to us all claims arising from the resale, in the amount of the invoice, and we accept the assignment. You are further authorized to collect the claim. As long as you meet your payment obligations properly, we will not collect the claim ourselves.

  4. In the event of combining and mixing the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

  5. We undertake to release the securities to which you are entitled upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 8 Choice of Law, Place of Performance, Jurisdiction

  1. German law applies, excluding the UN Sales Convention.

  2. The place of performance and jurisdiction is our registered office, provided you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general jurisdiction in Germany or the EU.

II. Customer Information

  1. Identity of the Seller

    Photo & Event C.S. GmbH & Co. KG
    Alte Poststraße 5
    97318 Kitzingen
    Germany

  2. Information on the Conclusion of the Contract

    The technical steps leading to the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

  3. Contract Language, Storage of Contract Text

    3.1. The contract language is German.

    3.2. The complete contract text is not stored by us. Before submitting the order or inquiry, the contract data can be printed or electronically secured using the print function of the browser.