LICHTATELIER SARAH MICHEL
§ 1. General
(1) We, Lichtatelier Sarah Michel, represented by its managing director Dipl. Sarah Michel, offer goods for sale via the website www.lichtatelier-sarahmichel.com/shop.
(2) These General Terms and Conditions apply exclusively to our services. Deviating general terms and conditions and/or purchasing conditions of the customer are contradicted.
(3) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, our general terms and conditions also apply to future transactions, even if they are not expressly agreed again.
§ 2 Right of withdrawal for consumers (§ 13 BGB)
If you complete the purchase in our shop as a consumer (§ 13 BGB), the following applies in your favor:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is
(1) in the case of a contract for the delivery of digital content that is not delivered on a physical data carrier, fourteen days from the day the contract was concluded;
(2) in the case of a purchase contract for a single item that can be dispatched in a single delivery, fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the items or . has;
(3) in the case of a purchase contract for several goods which you have ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, delivered the last goods have taken possession of;
(4) in the case of a purchase contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece or has;
(5) in the case of a purchase contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the first goods.
In order to exercise your right of withdrawal, you must inform us (Sarah Michel, e-mail:
post@lichtatelier-sarahmichel.com; Telephone: +49 151 4003 41 96 by means of a clear explanation(e.g. a letter or email sent by post)about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of cancellation also expires if we have started to execute the contract after you have expressly consented to us starting to perform the contract before the end of the cooling-off period and
You have confirmed that you are aware that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
§ 3 Exclusions of the right of withdrawal
The right of withdrawal according to § 2 does not apply to the following contracts:
(1) Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
§ 4 cancellation form
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
To Sarah Michel, email: post@lichtatelier-sarahmichel.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s)(only if notification is on paper)
Date
(*) Delete where not applicable.
§ 5 Prices
The prices shown on our website at the time of the order apply to the goods offered and their shipping. The prices quoted are retail prices excluding statutory VAT, since laut small business regulation according to §19 UStG no sales tax is charged and therefore this is also not shown.
§ 6 Conclusion of contract
(1) Our product descriptions do not constitute a binding offer.
(2) After entering your personal data, checking the correctness of your information on the following overview page and by confirming the order in the final step of the ordering process, you submit a binding purchase offer for the goods contained in the shopping cart. If your order has been successfully sent to us, you will receive an e-mail in which the receipt of the order is confirmed and you are given all the necessary information about the order and the ordered goods. This confirmation e-mail does not yet represent a binding acceptance of the order by us. The confirmation e-mail only represents a declaration of acceptance if this is expressly declared by us. However, a contract and thus a contractual commitment for the individual services comes about when we expressly accept your purchase offer through an order confirmation or through conclusive action, in particular through shipping and receipt of the goods. You are bound to your offer for a period of 7 working days.
(3) You can cancel the order at any time by clicking the "Cancel" or "Back" button or by closing the browser window. The overview page that appears before completing the order enables you to check your details again for input errors and, if there are any input errors, to correct them after pressing the "Back" button. Only German is available as the language for the conclusion of the contract. The content of the contract will be stored by us for the duration of the statutory periods, sent to you with the confirmation email and, if your documents are lost, a copy can be sent to you upon written request.
§ 7 Terms of payment, shipping, delivery time, delivery restrictions and retention of title, requirement for the use of digital content
(1) Subject to a deviating regulation in individual cases, the following applies to payment and shipping:
a) You can pay by bank transfer in advance or by PayPal.
b) If the payment term "bank transfer in advance" is selected, we will ship the goods to the customer within 10 working days within Germany after receipt of payment. The period for delivery then begins after receipt of payment on our account. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day. If you choose PayPal, the above delivery period begins immediately after your payment. Delivery costs are payed by the customer. In principle, we only ship physical items within the European Union, purely digital content worldwide. Since we cannot reasonably calculate the costs for shipping abroad in advance, the customer who orders from outside Germany will inform himself about this independently. If, in individual cases, you want the goods to be shipped to a country outside the European Union, you are responsible for the proper import customs clearance and bear the costs.
c) The conditions for payment, delivery time and shipping can be regulated in the online offer deviating from the previous paragraphs. In this case, the regulations on our website apply.
(2) Default on your payment and do business as a consumer(§ 13 BGB), you are obliged to pay us interest on arrears at a rate of 5 percentage points above the base interest rate, unless we can prove that the damage was higher. If you act as an entrepreneur, sentence 1 applies with the proviso that the default interest rate is 9 percentage points above the base rate.
(3) The delivered goods remain our property until full payment.
(4) On the occasion of your order, have we concluded a contract with our supplier for the delivery of the goods(so-called "hedging transaction")and our supplier does not meet his delivery obligation from the hedging transaction, we operators can withdraw from the purchase contract by declaring this to the customer. In the case of sentence 1, we will inform you immediately of the non-availability and in this case we will immediately reimburse you for payments already made or other consideration you have provided.
(5) If you buy digital content, the following applies with regard to its use, unless otherwise regulated in the specific service description:
A valid license is required for the use of so-called presets for Adobe Lightroom(or trial version)and program version of Adobe Lightroom, version 4 or higher, required,
For viewing image files(e.g. jpeg)a standard PC including image viewing software and/or tablet is required,
To view the film files, a player that can play the h.264 codec must be installed on your playback device.
A PDF reader is available for viewing PDF files(e.g. Adobe Acrobat Reader, available free of charge from adobe.com)necessary,
To unpack ZIP files, you need to install an unpacking program.
§ 8 Rights to Liability for Defects
(1) If defects appear in the goods within the statutory period, you are obliged to inform us of these and to send the goods back to us at our expense. Since freight collect shipments are associated with high additional costs, you are not entitled to choose this shipping method; we will therefore reimburse you for the shipping costs immediately and, if you specifically request them, also advance them.
(2) The fulfillment of any warranty rights is based on §§ 433 et seq. BGB. Buy as an entrepreneur(§ 14 BGB), the period for asserting warranty rights is limited to one year and we are entitled to either improve the goods or redeliver them at our discretion.
§ 9 liability clause
(1) We pay damages or compensation for wasted expenses, regardless of the legal reason(e.g. from legal and quasi-legal obligations, breach of duty or tort), only to the following extent:
Liability in the event of intent or a guarantee remains unlimited.
In the case of gross negligence, we are liable to entrepreneurs in the amount of the typical damage that was foreseeable at the time the contract was concluded, unless it is an essential obligation, the fulfillment of which makes the proper execution of the purpose of the contract possible in the first place and on the observance of which you can therefore regularly rely(so-called cardinal obligation).
We have unlimited liability to consumers for gross negligence.
If we otherwise simply negligently breach a cardinal obligation, we are only liable to the amount of the damage that was typically foreseeable for us at the time the contract was concluded. If we are in default with our performance, we are also liable for accidents, unless the damage would have occurred even if we had performed on time. Otherwise, liability on our part for simple negligence is excluded.
(2) We reserve the right to object that we are at fault. You have the obligation to back up data according to the current state of the art.
(3) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.
(4) The above paragraphs of § 9 (liability clause) do not apply in the event of injury to life, limb or health and in the case of claims under the Product Liability Act.
§ 10 data protection
(1) We will observe data protection requirements, in particular the provisions of the Federal Data Protection Act and the Telemedia Act.
(2) For the purpose of executing the contract, we require the personal data on your part that you must provide when ordering(information marked with an asterisk). These are: Salutation, first name, surname, e-mail address, street number, postal code, city, country.This is data that must be provided. Furthermore, you can provide voluntary information(data fields without asterisks).
(3) We collect and store this data ourselves. We also transmit this data to partner companies(e.g. shipping companies such as Deutsche Post AG), which we use to carry out the contract concluded with you. Your personal data will not be passed on to other third parties.
(4) By purchasing a product, you also confirm that you wish to receive the CIP newsletter. You can unsubscribe from the same at any time.
§ 11 Final Provisions
(1) The law of the Republic of Germany applies to the exclusion of the UN Sales Convention. This choice of law applies to consumers only insofar as the protection provided by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn (so-called “principle of favourability”).
(2) The place of performance and jurisdiction for all disputes arising from and in connection with this contract is Leipzig for contracts with merchants, legal entities under public law or special funds under public law.
Status: June 2019