This is the English translation of the German contractual terms. If there are any differences in interpretation, the German version shall prevail.
This Agreement governs the conditions under which customers may use the content of paul-linden-fotografie.de offered on the website.
The online platform paul-linden-fotografie.de provides photographs and graphics by the photographer Paul Linden (the ‘copyright holder’) made available by payment of a licensing fee.
The following licensing terms apply to acquisition of a licence for images and graphics on the online platform paul-linden-fotografie.de.
You can find the license conditions here.
The online platform paul-linden-fotografie.de is operated by:CDI Paul Linden,hereafter ‘CDI’represented by Paul LindenAddress: Eichenheck 6, 52076 AachenPhone +49 2408 4654email address: firstname.lastname@example.orgVAT ID number: DE267694891
A contract can only be concluded via electronic commerce using the shop system. The offers shown represent a non-binding invitation to submit an offer by means of a customer order, which the provider can then accept.
The order process for making a contract includes the following steps in the shop system:
The contract is made when you receive the order confirmation.
For individual customers within the EU and for business customers within Germany, all prices are gross prices. The amount of VAT and the total amount payable will be shown at checkout.
For business customers within the EU, all prices are net. Customers will need to pay the VAT using a reverse charge procedure. In order to do this, your VAT ID must be entered.
Customers outside the EU are responsible for paying the tax due in their home country.
In addition to the final prices, depending on the shipping method, any additional costs will be displayed before the order is sent. For digital licences that are available for download, there will be no shipping costs. Customers have the right to cancel the order. In this case, they must pay the return shipping expenses.
Only the following payment options are available to customers: Bank transfer in advance, online payment with PayPal, or immediate transfer. Other payment methods are not available and will not be accepted. The amount billed should be transferred in advance to the specified account after receipt of the payment request, which will contain all the transfer information for and will be sent by email. Using a fiduciary service/payment service provider allows the provider and customer to process the payment with each other. In this case, the fiduciary service/payment service provider forwards the customer payment to the provider. More information is available on the website of the fiduciary service/payment service provider.
Customers are obliged to pay or transfer the amount shown to the account indicated on the invoice within 14 days after receiving the invoice.
Payment is due by the invoice date, with no fees deducted. After expiry of the payment period, which is based on the calendar date, customers shall be in default even if a payment reminder is not sent.
In order to download licensed products, customers will be directed to a download link immediately after receipt of payment.
Print products are usually shipped around 5 days after payment is made. The lab will develop the prints only after payment is received. The company makes a commitment to ship items 10 days after payment is confirmed. The normal delivery period is 5 days, unless otherwise stated in the item description. The supplier will ship the order from its own warehouse once the entire order is available there. If there is a longer delay on the part of a supplier, especially one caused by force majeure or non-delivery by other suppliers, even though the order was placed in a timely fashion, the supplier is entitled to cancel the contract with the customer. The customer will be informed immediately. Any services received, especially payments, will be refunded.
Customer claims for damages are ruled out, unless they arise for the reasons given below. This also applies to representatives and agents of the provider if customers make claims against them for damages. Ruled out are customer claims for damages due to injury to life, limb, or health or for essential contractual obligations which must be necessarily satisfied to achieve the purpose of the contract. Likewise, this does not apply to claims for damages due to gross negligence or wilful dereliction of duty by the supplier or its legal representatives or agents.
Furthermore, CDI is not liable, if individuals depicted do not agree with the planned publication. This also applies to the violation of other rights of third parties, in particular in relation to trademarks, works of art, buildings, and registered designs. In these cases, the rights holder must obtain specific authorisation for the use. If the creator of the image has a model release or property release available, this can be obtained from the copyright holder.
The right to cancel applies only to consumers pursuant to §13 of the German Civil Code (BGB) and not for businesses, self-employed persons, or freelance professionals.
You have the right to cancel this contract within fourteen days without giving a reason.
Before customers make a contract for digital download products, they must agree to waive cancellation rights, or otherwise no contract can be made.
Cancellation period is fourteen days
For a sales contract, from the date that you or any third party named by you, other than the shipper, has taken possession of the final item.
For a contract for several items that the consumer has ordered in a single order and which will be delivered separately, the cancellation period begins on the date that you or a third party named by you, who is not the shipper, has taken possession of the final item.
For a contract involving shipping in several partial shipments or units, the cancellation period begins on the date that you or a third party named by you, who is not the shipper, has taken possession of the final partial shipment or unit.
For a contract for regular delivery of items during a specified period of time, the cancellation period begins on the date that you or a third party named by you, who is not the shipper takes possession of the first item.
If several of these alternatives overlap, the latest time frame will have priority.
To exercise your cancellation rights, you should get in touch with us (CDI Paul Linden, Paul Linden, Eichenheck 6, 52076 Aachen +49 2408 4654 email@example.com) by sending a letter by post, a fax, or an email explaining that you have decided to cancel your contract. You can do so using the attached sample cancellation form, but this is not required.
To meet the cancellation deadline, all you need to do is send us your communication about the cancellation prior to the expiry of the cancellation period.
Effects of cancellation
If you cancel this contract, we will immediately refund all payments that we have received from you, excluding shipping costs (with the exception of any additional costs arising from your choosing a form of delivery other than the least expensive standard delivery offered by us) at the latest within fourteen days from the date on which the notification of your cancellation of this contract was received by us. If you cancel this contract, we will immediately refund all payments we have received from you, excluding shipping costs (with the exception of any additional costs arising from your choosing a form of delivery other than the least expensive standard delivery offered by us) at the latest within fourteen days from the date on which the notification of your cancellation of this contract was received by us. For this refund, we will use the same payment method that you used in the original transaction, unless you explicitly agreed otherwise. Under no circumstances will you be charged fees for this refund. We may withhold the refund until we have received the returned goods, or until you have given proof that you have returned the goods, whichever is the earlier.
You must return or surrender the goods immediately, and in any event not later than fourteen days from the date on which you informed us of the cancellation of this contract. The return address is: CDI Paul Linden, Paul Linden, Eichenheck 6, 52076 Aachen +49 2408 4654 firstname.lastname@example.org The deadline will be met if you send the goods within the fourteen-day period.
You will pay the direct expenses for returning the items.
You need only pay for any diminished value of the items if the value loss is shown to be due to an unwarranted handling of the items that affects the nature, characteristics and functioning of the items.
End of cancellation policy
The contract will be drawn up in German. Further implementation of the contractual relationship will also be in German. The laws of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which customers have their domicile or habitual residence. Jurisdiction for disputes with customers who are not consumers, legal entities, or special funds under public law will be that of the head office of the provider.
The invalidity of any one provision in this contract does not affect the validity of the remaining provisions.
Online dispute resolution pursuant to Art. 14 para. 1 of the ODRVO
The European Commission provides a platform for online dispute resolution (OS) that is available at http://ec.europa.eu/consumers/odr/ finden.
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