Terms and Conditions
This is an informational translation. The german original is solely effective.
General business conditions, 01.10.08
Sportfotos-online.com, -K A I S A L O W- (Germany), in the following as „we“ mentioned.
§ 1 Offer and conclusion of a contract
The customer order is a binding offer. We can accept this offer within two weeks by sending of a confirmation or delivery of the ordered products or services. The delivery time for physical products is one working day plus shipping time if nothing else is specified. An automated order confirmation does not automatically accept the contract.
§ 2 Pay load and fulfilment
Due to the automated system each payment is executed immediately and credit cards will be charged. You receive an email with the relevant order data after ordering. The GBC are accessible on the web page at any time. Please print it out if you need it for easy access.
If the contract is refused or in justified individual cases you get a refund.
§ 3 Rights to use
(1) In general the customer acquires private usage rights which do not permit publication. This also applies to reworked works such as collages, alterations, etc.
(2) With an express written agreement the customer can also aquire publishing rights, e.g. clubs, newspapers, etc. The photographer remains the copyright holder. At publication the author has to be shown as „www.sportfotos-online.com “.
With offences in this connection a surcharge of 100% applies on the prices according to the price list of "Mittelstandsgemeinschaft Foto-Marketing" which are accepted. To all unlicenced publications to above prices apply with a 500% punishing charge additionally. The proof of a higher damage remains reserved.
§ 4 Delivery time
(1) The delivery time is usually one working days after receipt of payment.
§ 5 retention of title
(1) We reserve the ownership of the ordered products until full receipt of payment.
§ 6 guarantee and notice of defect
(1) Obvious defects are to notice in writing from the buyer within 4 weeks starting from delivery of the ordered item.
(2) The customer has the choice for fulfillment through rework or replacement. We are however entitled to refuse the kind of the specific fulfillment if there are disproportionate costs and the other kind of fulfillment is without substantial disadvantages for the customer. During the rework or replacement process the reduction of the purchase price or the cancellation of the contract is impossible by the customer.
(3) A rework is unsuccessful after the second attempt, if not in particular from the kind of the thing or the lack or the other circumstances results something else. If the rework or replacement failed or if we refused it the orderer can choose between reduction of the purchase price or cancellation of the contract.
(4) Because of the lack the orderer can make claims for damages on the following conditions only valid if the rework or replacement failed or we refused it. The right of the orderer for the asserting from large claims for damages to the following conditions remains unaffected by it.
(5) We are responsible only for gross negligence and resolution as well as simple negligentnesses of cardinal obligations of the contract, their observance for the reaching of the contract purpose of special importance is. We cling however only, as far as the damage is in typical way connected with the contract and foreseeable. With simple negligent injuries contract-substantial Nebenpflichten do not cling we in all other respects not.
(6) The limitations of liability apply also, so far the adhesion for the legal representatives, leading employees and other executing aides is concerned.
(7) A large adhesion is impossible without consideration for the right nature of the validly made requirement. As far as our adhesion is impossible or limited, this applies also to the personal adhesion of our employees, Employee, Coworker, Representative and executing aide.
(8) The guarantee period is two years for private consumers and one year for business customers.
§ 7 other
(1) the present Treaty and the entire legal relations of the parties is subject to the right of the Federal Republic of Germany under exclusion of the Uniform Law on the International Sale of Goods (CISG).
(2) Individual regulations of the present conditions should be ineffective or become or contain a gap the remaining rules remain unaffected.