Terms and Conditions
§ 1 Scope
(1) These terms and conditions contain the between you and us, the company FOTOPICA PHOTO GIFTS INTERNATIONAL GMBH (Neuer Wall 80, 20354 Hamburg, Germany, HRB 126843 VAT-ID DE288655814), represented by Mr. Matthias Bothe, exclusively valid conditions, as far as these are not written agreements between you and us are modified. Deviating or conflicting conditions are not recognized by us unless we have expressly agreed to them in writing. Our terms and conditions apply even if we carry out deliveries to you without reservation in the knowledge of conflicting or deviating terms and conditions.
(2) Changes to these terms and conditions will be communicated to you in writing, by fax or by e-mail. If you do not object to this change within four weeks after receipt of the notification, the changes will be deemed acknowledged by you. The right of objection and the legal consequences of silence will be communicated to you separately in the event of a change in the terms and conditions.
(3) Our terms and conditions apply only to entrepreneurs in the sense of § 310 Abs. 1 BGB.
§ 2 Registration as a user
(1) Your registration to our trading system is free of charge. A right to access to our trading system does not exist. At our request, you have to document your corporate identity by providing appropriate information (VAT ID, business registration pp.). To register, electronically fill out the registration form available on our website and send it off. The data required for registration must be completely and truthfully provided by you during registration. By logging in you choose a personal username and password. The username may not violate the rights of third parties, other name and trademark rights or good morals. You are required to keep the password secret and not to inform the third party.
(2) Apart from the declaration of your agreement with the validity of these terms and conditions, your registration has no obligations whatsoever. You can delete your entry at any time under "My Fotopica". With the registration with us, there is no obligation to purchase the goods offered by us.
(3) As far as your personal information changes, you are responsible for updating yourself. All changes can be made online after logging in under "My Fotopica".
§ 3 Privacy
(1) We will use all of your personal data (salutation, name of the company name of the authorized representative, address, e-mail address, telephone number, fax number, bank details, credit card number) exclusively in accordance with data protection regulations.
(2) Your personal data, insofar as these are required for the establishment, content or modification of the contractual relationship (inventory data), are used exclusively for the settlement of the sales contracts concluded between us, for example for the delivery of goods to the address specified by you. Any further use of your stock data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the opportunity to give this consent before you declare your order or as part of its registration. This declaration of consent is entirely voluntary and can be viewed on our website and revoked at any time.
(3) Your personal data, which is required to enable the use of our offers and bill them (usage data), will initially also be used exclusively for the settlement of the sales contracts concluded between us. Such usage data are in particular the features for your identification as a user, information about the beginning and end as well as the extent of the respective use and information about the telemedia you have claimed as a user. In addition, we will use such usage data for purposes of advertising, market research or for the needs-based design of our telemedia for the creation of usage profiles using pseudonyms. You are authorized and have the opportunity to object to this use of your usage data. Under no circumstances will user profiles be merged with the corresponding data.
(4) If you require further information or want to retrieve or revoke your express consent to the use of your inventory data or object to the use of your usage data, please contact our support at the email address email@example.com or by phone under +49 (0) 40 8972066 60 available.
§ 4 Conclusion of contract
The presentation of our goods is not a binding offer on our part dar. Only the order of a product by you is a binding offer under § 145 BGB. In case of acceptance of this offer, we will send you an order confirmation by e-mail.
§ 5 Payment / Payment Terms
(1) For the payment of our goods, we provide you with several payment options that you can choose from within the offer selection.
(2) Regardless of the payment method, the purchase price, unless otherwise stated in the circumstances of the order, is due immediately upon order.
§ 6 Retention of title
(1) The goods remain our property until full payment. If you are late with the payment for more than 10 days, we have the right to withdraw from the contract and to reclaim the goods.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you now assign to us all claims arising from such resale in the amount of the invoice value of our claim, whether this occurs before or after any processing of the goods delivered under reservation of title. Regardless of our power to collect the claim ourselves, you remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long and as far as you meet your payment obligations, no petition for opening insolvency or similar proceedings has been filed and there is no suspension of payments. Insofar as the aforementioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities according to our selection at your request
§ 7 delivery conditions
(1) We deliver the goods according to the agreements made with you. Any shipping costs are listed in the product description and will be shown separately on the invoice. Delivery dates and delivery times are only binding if confirmed by us in writing.
(2) Insofar as we do not deliver the goods or do not do so according to the contract, you must grant us a grace period to effect the service. Otherwise you are not entitled to withdraw from the contract.
§ 8 Warranty
(1) Insofar as the delivered goods are defective, you are entitled within the scope of the statutory provisions to demand supplementary performance in the form of removal of the defect or delivery of a defect-free item. The right to vote on the type, the subsequent performance is ours. If the subsequent performance fails, you are entitled to reduce the purchase price or withdraw from the contract. The prerequisite for any warranty rights is that you fulfill all the duties of inspection and notification of defects owed in accordance with § 377 HGB (German Commercial Code).
(2) The period of limitation of warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods
§ 9 Limitation of Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose violation jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer regularly rely. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply to injury to life, body and health. The liability according to product liability law remains unaffected.
(2) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the constant and uninterrupted availability of our online trading system.
§ 10 Final Provisions
(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply excluding the UN Sales Convention.
(3) The place of performance and the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg.
(4) Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by mutual agreement by the contracting parties by means of a legally valid provision which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
As of: 01/01/2021
The content of the homepage is legally protected. When placing an order in the online shop, the customer makes a binding contract offer. He assures to be an entrepreneur and to carry out a purchase in the shop for commercial purposes alone.
The user or customer may not use pages of the homepage for purposes other than contract initiation and settlement.
Insofar as product and company names are mentioned, they may be legally protected company identifiers, the unauthorized use of which may lead to injunctive relief and damages.
The information of third parties accessible through links from the homepage is provided by us only as a non-binding service without guarantee for the correctness and legality of the content available there. In particular, they do not serve to describe our contractual obligations or the quality specifications for the products.
A link, especially an inline link, on our homepage is not permitted without our written consent. The same applies to the insertion of contents of the homepage into foreign data collections.
We can not guarantee the usability and functionality of the homepage at all times. In case of technical problems, the customer is required to contact us by phone, fax or email.
The internet is not a secure system. There can be no guarantee that data transmitted to us will be protected during the transmission from the knowledge of third parties. The customer is obliged to install a current version of an anti-virus program on his computer and to make a backup of the appropriate amount. We are not liable for damages due to computer viruses.
Use of the homepage for business transactions is only possible if the customer registers and unlocks. We reserve the right to refuse a registration or withdraw after registration or to change the operation of the homepage at any time, interrupt or discontinue. We are not liable for this change, interruption or suspension.
The customer is obligated to hand over the received password only to persons authorized by him who are allowed to represent him legally. If the customer receives the right to assign further passwords, these may only be transferred to authorized and authorized persons. The customer is liable for misuse of the password in his area of responsibility. The right of use may not be transferred to third parties without our consent.