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General terms and conditions

GTC

Our general terms and conditions are binding with the sending of your order.

 

Terms and conditions


General Terms and Conditions Rahn GmbH Foto & Fine Art
Last Update Nov 1, 2009

Your contract partner is:

Rahn GmbH Foto & Fine Art
Am Salzhaus 2
60311 Frankfurt a.M.
Germany

Directors: Nicolas Uhl, Qaiser R. Malik
tel: +49(0)69 9207070
fax: +49(0)69 1310454
email:
info@foto-hobby.de

Contracts are only concluded with persons at the age of 18 years and older or with companies. Should these conditions not apply, a valid contract can not be concluded. In this case we are entitled to demand back all services done so far.


§ 1 Region

The following conditions are subject to all offers, deliveries and services of Rahn GmbH Foto & Fine Art. Our conditions apply in the version that is in effect when an order is made. We do not accept terms and conditions of other parties, - except upon prior written agreement by us.


§ 2 Offer and Contract

When you have found your desired product you can move it into your shopping basket by clicking the button [add to cart]. You can check the content of your basket anytime. Also you can remove or add items. All these actions are non-binding. If you want to buy the product(s) in your basket just confirm by clicking the button [go to checkout]. Then you will be asked to enter your data, select payment method, type of delivery and to accept our terms and conditions. Before sending the order request you can make corrections as to e.g. your address. You can always cancel the order process or finalize it by clicking the button [order now].

The presentation of products in our Online-Shop does not stand for a legally binding offer but represents a non-binding Online-Catalogue. By clicking the button [order now] you send us a binding order request of the items in your shopping basket. The system will automatically email a confirmation when your order request was sent to us successfully. We are entitled to accept your request within 10 days by order confirmation, prepayment request (if selected) or by delivery of the goods. Only then a contract is concluded. Rahn GmbH Foto & Fine Art only becomes contract partner, if within the internet order process it is not explicitly mentioned that a third party offer is brokered.


§ 3 Payments and conditions

Prices are valid as described on our internet pages and on the moment of the order. All prices are in € (EUR or Euro) including the VAT corresponding to our business location. Shipping costs are calculated separately. For details please see our menue point "shipping rates" and also the specific product pages. If no other agreement was made the price is payable immediately upon delivery of the goods or reception of the invoice. If you do not pay within 14 days after reception your payment status will be registered as delayed without any further notice by us. We accept payments via bank transaction, credit card or cash on pick-up. Intermediate price changes by the manufacturer allow us and you to cancel the contract. In addition we are entitled to charge a penalty for late payments of 5% above basic interest rate. The charge of a higher damage compensation is also possible. You have the right to proof that we suffered no or just little damage.


§ 4 Delivery conditions

We deliver within Germany and upon prior agreement worldwide through third party carriers. The selection of the shipping method is up to you during the order process. As to contracts with companies our business address is the binding fulfillment location. Concerning orders from companies the danger of coincidental loss or damage is transfered to the client after dispatch by us or transmission to a third party carrier. In all other cases the risk is transfered to the client at the moment of reception, - it does not matter if this should be delayed. All deliveries are charged to your invoice. The delivery time depends on the availability of goods and the selected payment method. Goods in stock will be shipped within 5 days, all other items are shipped within 14 days. Please check the product detailed descriptions for individual delivery times. Once a delivery deadline has been agreed the duty to deliver starts with the reception of the contractual amount, - in all other cases it starts with the order confirmation by us. We are entitled to deliver partial shipments, as far as this is bearable by the client. Additional shipping costs only come into effect with an explicit agreement.

According to §355ff BGB the buyer has the right to revocate. The revocation deadline starts with the reception day of the merchandise at the client respectively as to multiple deliveries of the same good on the reception day of the first partial delivery and as to services on the day the contract is signed. The Right of Revocation does not apply with contracts

a. - for the delivery of custom made or ordered goods
b. - signed at auctions
c. - for the delivery of goods, which are not appropiate for returns, which would become unusable or would not be good anymore such as food e.g.

Audio and video products, software, magazines and books can only be returned unopened i.e. with an intact seal. For all returns the client has to take care of the shipping cost. This does not apply if the delivered product does not equal the ordered product. The buyer is bound to return the goods in the original condition i.e. without any damages or traces of usage. Before returning goods you need to contact us (see address above). We will not accept packages without prior notice.


§ 5 Availability, Cancellation

We do not take any buyer risk. We are entitled to cancel the contract if we should not receive the goods from the manufacturer despite prior order by us; our responsibility concerning intentional or unprecise handling remains untouched. Should the ordered items not be available on time we will immediately inform the client and if necessary we will cancel the contract; - in this case we will immediately refund the corresponding charges. We retain the right to cancel the contract if the client should declare false data concerning his financial credibility. The same right applies in case of payment delay, missed second deadlines or if the client should declare bankruptcy.


§ 6 Warranty

For consumers the regular warranty is 2 years for new goods. For used items it is one year. Warranty for corporate clients is one year on new items and no warranty on used products. The latter is not valid if damages should occur that are caused by our intentional or inappropriate handling. The warranty begins with the date of delivery at the client. Corporate clients have to send us a written note about obvious defects etc. within 14 days after delivery. After this 2 week period the warranty for these deficiencies ceases. In all other cases the regular German warranty laws apply. For information concerning manufacturer warranty please check the product manuals.


§ 7 Property rights

The delivered goods remain property of Rahn GmbH Foto & Fine Art until full payment is made. During this time you may not sell, lend or change our products or derived items.


§ 8 Liability

In cases of light careless damages our liability is limited to the foreseeable, contract-typical and direct average damage. If our liability is excluded or limited then this is also valid for our employees, representatives and freelancers. These liability limitations are not valid if you have claims derived from product liability or regular warranty. Also these limitations are not valid if damages should occur that are caused by our intentional or inappropriate handling. A change of burden of proof to your disadvantage is not combined with the rules mentioned above.


§ 9 Adjustment

A right of adjustment only applies to you if your claims are legally justified or undisputed by us.


§ 10 Effectiveness

All of the here listed terms and conditions are subject to German law i.e. the current jurisdiction of the Federal Republic of Germany. Common international laws such as UN-rights (CISG) are excluded.


§ 11 Court of Justice

If the client is a merchant, a company or an institution then the exclusive court of justice will be at our business location for all claims etc. derived from that business relationship. Should the client have no registered official business or private address or should this be moved into another country then the court of Amtsgericht Frankfurt a.M. shall also have exclusive jurisdiction.


§ 12 Conclusion

Should one or more of our terms and conditions be inefficient then this will not touch the effectiveness of the other conditions. The inefficient condition will be replaced by regular German law regulations. Your rights derived from contracts with us can not be transfered to other parties.


Rahn GmbH Foto & Fine Art, Am Salzhaus 2, 60311 Frankfurt a.M., Germany