This online shop is using cookies to give you the best shopping experience. Thereby for example the session information or language setting are stored on your computer. Without cookies the range of the online shop's functionality is limited. If you don't agree, please click here.

Terms and Conditions

GENERAL TERMS & CONDITIONS AND CUSTOMER INFORMATION


Responsible for contents within the meaning of the DSGVO as well as according to § 55 RStV:

Café Lehmitz Photobooks 

Inh.: Richard G. Sporleder
Rolandstraße 2
DE-50677 Köln

Tel.: +49 (0)221 - 30 19 29 26, info@cafelehmitz-photobooks.com 

VAT. no.: DE283852932 

__________________________________________________________________________________

 


I. General Terms and Conditions


§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Richard Sporleder) via the website www.cafelehmitz-photobooks.com. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.


§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

We sell the goods partly or exclusively as a commission agent in our own name on a foreign account, that is for a third party as the owner of the goods. Contracting parties with all rights and obligations are irrespective of us.

Our offers on the Internet are not binding and no binding offer to conclude a contract.

(2) You can submit a binding purchase order (order) via the online shopping cart system.

The goods intended for purchase are stored in the „Warenkorb (=shopping cart)“. You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the „Ihre Bestellung (= your order)" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.

Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.

By submitting the order via the button „Warenkorb kostenpflichtig bestellen / BUY NOW" you submit a binding offer from us.

You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (for example as e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.

(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.


§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following additions apply:

a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.


§ 4 Warranty

(1) The statutory warranty rights exist.

(2) For used goods the warranty period deviates from the legal regulation one year from delivery of the thing. The reduction of the time limit does not apply:

liability for culpable damage caused by injury to life, limb or health and for intentional or grossly negligent other damage attributable to us;

as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing.

(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.

(4) Insofar as you are an entrepreneur, contrary to the above warranty regulations:

a) As a condition of the thing are only our own information and the product description of the manufacturer as agreed, but not other advertising, public suggestions and expressions of the manufacturer.

b) In the case of defects, we provide warranty at our discretion through repair or subsequent delivery. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The reduction of the time limit does not apply:

liability for culpable damage caused by injury to life, limb or health and for intentional or grossly negligent other damage attributable to us;

as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing;

in the case of items that have been used for a structure in accordance with their normal use and have caused its defectiveness;

in the case of legal recourse claims that you have against us in connection with warranty rights.


§ 5 Choice of law

(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2) The provisions of the UN Sales Convention explicitly do not apply.


§ 6 protection of minors

(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legal minimum age.

Existing age restrictions are indicated in the respective article description.

(2) By submitting your order, you assure that you have reached the statutory minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or those persons authorized by you to receive the delivery who have reached the legal minimum age will receive the goods.

(3) Insofar as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legal minimum age, and in case of doubt the identity card of the To show the person receiving the goods to the age checker.

(4) As far as we report on the legal age out walking in the respective product description that you be 18 years must have completed for the purchase of goods, above paragraphs shall apply 1-3 with the proviso that there instead of the legally required minimum age of majority got to.

____________________________________________________________________________________


II. Customer information


1. Identity of the seller


Richard G. Sporleder

Rolandstrasse 2

DE-50677 Cologne

Germany

Telephone: +49 (0) 221 30 19 29 26

E-Mail: info@cafelehmitz-photobooks.com


Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr


2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).


3. Contract language, contract text storage

3.1. Contract language is German.

3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or electronically secure.


4. The essential features of the product

The essential features of the product and / or service can be found in the respective offer.


5. Prices and Payment Methods

5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.

5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such. Customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be borne by you. You also have to bear the costs of transferring the money in cases where the delivery was made to an EU member state but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.5. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.


6. Terms of delivery


6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during shipment merges only with the delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.

Are you an entrepreneur, the delivery and shipment takes place at your risk.


7. Legal Liability Right


The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.