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Terms and Conditions

Terms and Conditions

  1. Scope of validity

For all orders placed through our website by consumers and businesses, the following terms and conditions apply.

A consumer is any natural person who enters into a transaction for purposes which can be primarily attributed to neither commercial nor independent professional activity. A business person is any natural or legal person or a legal partnership, which is concluding a legal transaction in their commercial or professional capacity.

With regard to business persons, these Terms and Conditions also apply to future business relations, without the necessity to refer to them again. Should the business person use contrary or supplementary Terms, their validity will hereby be rejected; they only form part of the contract if we have agreed explicitly.

  1. Contractual partner, concluding the contract

The purchase agreement is made with Peter Schaefermeier (sole trador). Unique photographs are sold according to the requirements of customers on the website. The conclusion of the contract following a written offer from Photography Collection is made exclusively by a purchase agreement, which is signed by the customer. After submitting the order, you will receive a confirmation e-mail.

A binding contract may also be made prior to this as follows: If you have chosen to pay through PayPal, the contract is entered into at the time of confirmation of your PayPal payment order. The language available for the contract is English.

We save the text of the contract and send you the order information and our terms and conditions via e-mail. The Terms and Conditions can be viewed here and downloaded from this page at any time. Your previous orders can be seen in our customer login area.

  1. Conditions of delivery

The specified product prices do not include costs for shipping. Details on the cost of dispatch can be found in the offers. You have the primary option at Photography Collection, Peter Schaefermeier, Saebener Strasse 152, 81545 Munich, Germany during the business hours specified below: Monday to Friday from 9 am to 5 pm except for holidays and Saturday from 9 am to 2 pm CEST. Please inform us two working days before the collection at the latest, so the product can be brought from our warehouse ready to be collected. We do not deliver to packing stations.

  1. Payment

You can select from the following methods of payment at our shop: Paypal. You pay the invoice amount through the online provider Paypal. You must already be registered with Paypal, or you must first register, authorize your access data, and confirm your instructions for payment to us. Further information will be provided when placing an order.

  1. Damage during transport

The following applies to consumers: should goods be delivered with apparent damage due to transportation, please make a complaint regarding the damage to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or to contact us regarding the situation does not have any effect on your statutory rights or their enforcement or the warranty rights in particular. However, this will help us to make our own claims against the carrier or transport insurance.The following applies to business persons: the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, the carrier or another agent responsible for shipping. Among business persons, the regulations regarding inspection and complaint in accordance with § 377 HGB [Commercial Code] apply. Should a report in accordance with the regulations not be made, the goods shall be deemed approved, unless it concerns a defect which was not recognizable during the investigation. This does not apply if we have fraudulently concealed a defect.

  1.  Warranties

Unless expressly agreed otherwise below, the statutory liability according to defects law applies. For consumers, the limitation period for warranty claims for used items is one year from the date of delivery. For business persons, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation period for the right of recourse according to § 478 BGB [German Civil Code] remains unaffected. With regard to business persons, only our own data and the product description given by the manufacturer which have been included in the contract are valid as the agreement regarding the purchase of goods; we assume no liability for public statements by the manufacturer or any other promotional statements.

If the delivered goods are defective, we shall, at our own discretion, rectify the defect (improvement) or deliver a perfect item (substitute delivery) for the business person. The above limitations and time reductions do not apply to claims due to damages caused by us, our legal representatives or agents in the case of injury to life, body or health for intentional or grossly negligent breach of duty and fraudulent intent in violation of contractual obligations, the fulfillment of which renders a correct execution of the contract and on whose compliance the signatory can regularly trust (cardinal obligations) to the extent agreed in the framework of a guarantee promise provided that the scope of the Product Liability Act is established.
Information regarding any applicable additional guarantees and their exact conditions can be found with each product and on special information pages in the shop.

  1. Customer Service

You can contact our customer service regarding questions and complaints daily from 8 am until 10 pm CEST at the telephone number 089 6385 1213 or by e-mail at mail@photography-collection.com

  1. Liability

We assume unlimited liability for claims due to damages caused by us, our legal representatives or agents in the case of injury to life, body or health for intentional or grossly negligent breach of duty and fraudulent intent to the extent agreed in the guaranteed promise provided that the scope of the Product Liability Act is established. For failure to fulfil contractual obligations, the fulfillment of which renders a correct execution of the contract and on whose compliance the contractual partner may regularly trust (cardinal obligations) due to slight negligence by us, our legal representatives or agents, liability is limited to the foreseeable damage which must typically be expected to incur upon conclusion of the contract. Claims for damages are otherwise excluded.

  1. Youth Protection

If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the minimum age requirement through the use of a reliable method involving a personal identity and age verification. The delivery person shall hand over the goods personally only after age verification of the purchaser.

  1. Final Provisions

If you are a business person, then German law applies, excluding the CISG. If you are a business person according to the Commercial Code, a legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising from contractual relationships between us shall be our place of business.

  1. Dispute Resolution

The European Commission provides an internet platform for the settlement of disputes between traders and clients. When consumers have a problem with a merchant regarding a product or service they bought, they can settle their dispute out-of-court through an Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure. Resolving disputes through ADR/ODR, in general, is easier, faster and less expensive than settling disputes before a court.

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