Contractual terms and conditions in the context of purchase contracts via the platform http://www.wedding-shoots.com
– hereinafter referred to as the “Seller” –
the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as the “Customer/ Customers”.
§ 1 Scope
The following terms and conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the seller and the customer. Any different terms provided by the customer are not recognised, unless the seller expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer may select products from the seller’s selection and click to collect these in a shopping cart. Once the “Buy now” button has been clicked, the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can view and change the order information at any time.
(2) The seller then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at Wedding-Shoots” by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The customer’s order (1) represents an offer to conclude the contract for the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the seller’s acceptance of the offer, and also includes a summary of the order content. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us via a durable medium (e-mail or paper printout). The text of the contract is saved, though data protection requirements are still respected.
(3) The language in which the contract is concluded is: German.
§ 3 Delivery, product availability, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the seller will inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The seller will only deliver to customers whose ordinary residence (billing address) is in the following country and can provide a delivery address in that same country: Germany.
(4) The customer can choose to make payments via direct debit or credit card, PayPal or bank transfer.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment has been determined according to the calendar, the customer will be already in default if that date or calendar period has been exceeded.
§ 4 Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices indicated on the seller’s website are inclusive of the current legal rate of value added tax.
(2) The customer is advised of the respective shipping costs on the order form. These are to be borne by the customer, insofar as the customer does not exercise any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct return costs.
§ 6 Material defect warranty
(1) The seller is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. With regard to business retailers, the warranty period for goods delivered by the seller is 12 months.
§ 7 Liability
(1) Customer claims for damages are excluded. This does not apply to customer claims for damages resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the contract objectives.
(2) In the event of a breach of essential contractual obligations, the seller shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for customer damages resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the seller’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Wedding outfits with acrylic glass are only suitable for indoor use. Acrylic glass must not be exposed to direct sunlight and should only be cleaned with water.
§ 8 Notes on data processing
(1) The seller collects data from the customer as part of the processing of contracts. In particular, he observes the requirements of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the seller will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship, and for the use and billing of telemedia.
(2) Without the consent of the customer, the seller will not use the customer’s data for advertising, market research or opinion polling purposes.
§ 9 Final Provisions
(1) Contracts between the seller and the customer shall be governed by the law of the Federal Republic of Germany, excluding UN commercial law and international private law.
(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 seller is the seller’s domicile.
(3) The contract remains binding in its remaining parts, even in the case of the legal ineffectiveness of individual terms. And if available, the statutory provisions will replace the ineffective terms. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
Alternative dispute resolution pursuant to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated, nor are we willing, to participate in a dispute settlement procedure before a consumer arbitration board.