Terms and Conditions
Terms and Conditions FotoFinder Webshop
1. Placing Your Order
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers through our online shop shall be governed by these general terms and conditions of sale.
(2) The product offerings in the online shop are directed only to Business Customers. „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) By placing an order you guarantee that you are acting as a business customer as defined above.
(4) By placing an Order, you make an offer to FotoFinder Systems to purchase the Products you have selected on these terms and conditions. FotoFinder Systems may or may not accept your offer at our discretion.
(5) If FotoFinder Systems accept your Order, FotoFinder Systems will notify you of our acceptance by issuing an Order Confirmation. FotoFinder Systems will send your Order Confirmation to you by e-mail.
(6) Whilst FotoFinder Systems will make every effort to supply you with the Products listed on your Order, there may be occasions where FotoFinder Systems is unable to supply these Products because, for example,(i) such Products are no longer being manufactured or available or (ii) FotoFinder Systems is unable to source relevant components or (iii) if there was a pricing error on the online shop. In such circumstances FotoFinder Systems will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then FotoFinder Systems will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products.
2. Supplies and Performance
(1) Subject to these terms and conditions, FotoFinder Systems will supply to you the Products indicated on your Order Confirmation.
(2) The price for the Products will be the price indicated on your Invoice. VAT is payable by you at the applicable rate as indicated on your Invoice.
(3) Delivery costs, where applicable, are payable by you as indicated on your Invoice.
(1) You must pay in the currency as indicated on your Invoice. If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when FotoFinder Systems issue your Invoice or on shipment of your Products. FotoFinder Systems will not supply the Products to you until your credit card issuer has authorised the use of your card for payment of the Products ordered. If FotoFinder Systems do not receive such authorisation FotoFinder Systems shall let you know. FotoFinder Systems reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
(2) FotoFinder Systems will send request for payment and your Invoice to you at the billing address indicated on your Order Confirmation. FotoFinder Systems may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
(3) If you are ordering from outside the European Union you may incur import duties or customs charges. FotoFinder Systems has no control over these charges and cannot predict what they will be. Payment of these charges is the responsibility of the customer.
(4) To ensure that your credit, debit or charge card is not being used without your consent, FotoFinder Systems will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Bundesdatenschutzgesetz BDSG (Data Protection Act).
4. Delivery of Products
(1) FotoFinder Systems will use its reasonable endeavours to manufacture your Products within a short time. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times.
(2) Shipment shall be effected FCA (Bad Birnbach) according to INCOTERMS 2010. FotoFinder Systems will deliver the products cleared for export to the carrier (UPS or FedEx, if available). Payment of customs and duty is the responsibility of the customer.
(3) Upon delivery of the Products to our carrier FotoFinder Systems will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form (4) Even where delivery has been agreed freight free, the title to and risk of loss in your Products shall pass to you at the time when the supplies are shipped or picked up by the carrier. Upon request and costs of you, FotoFinder Systems shall insure the supplies against the usual risks of transport.
(5) Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
5. One (1) year Limited Warranty
(1) If a hardware defect arises and a valid claim is received by FotoFinder Systems within the Warranty Period, at its option and to the extent permitted by law, FotoFinder Systems will either (i) repair the product at no charge, using new parts or refurbished parts that are equivalent to new in performance and reliability, (ii) exchange the product with a product that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (iii) refund the purchase price of the product. A replacement product or part assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes FotoFinder Systems´s property. When a refund is given, the product for which the refund is provided must be returned to FotoFinder Systems and becomes FotoFinder Systems’s property.
(2) This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship; (b) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports; (c) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; (d) to damage caused by service performed by anyone who is not a representative of FotoFinder Systems (e) to a product or part that has been modified to alter functionality or capability without the written permission of FotoFinder Systems; or (f ) if any FotoFinder Systems serial number has been removed or defaced.
(1) These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products.
(2) Save as set out at clause 6.3 below, there are no warranties, conditions or other terms that are binding on FotoFinder Systems regarding the supply of Products except as expressly stated in the Contract.
(3) Any warranty, condition or other term arising out of or in connection with the supply of Products which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, FotoFinder Systems will not be responsible for ensuring that the Products are suitable for your purposes.
(4) Nothing in the Contract shall limit or exclude FotoFinder Systems liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
(5) Subject to clause 6.4 FotoFinder Systems will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
(6) Subject to clause 6.4 FotoFinder Systems maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to FotoFinder Systems in respect of the Product(s) in question.
7. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
8. Data Protection
By placing your Order, you agree and understand that FotoFinder Systems may store, process and use data collected from your Order Form for the purposes of processing your Order. If you wish to have access to the information that FotoFinder Systems hold concerning you, if you want to make any changes, or if you do not want to receive information from FotoFinder Systems, you may contact FotoFinder Systems at firstname.lastname@example.org.
9. Governing Law and Jurisdiction
(1) Exclusive place of jurisdiction shall be Passau, Germany. However, FotoFinder Systems GmbH shall reserve the right to assert his claims at any other permissible place of jurisdiction. I (2) n addition, exclusively German law shall be applicable.
(1) FotoFinder Systems will make every effort to perform its obligations under the Contract. However, FotoFinder Systems cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond FotoFinder Systems reasonable control. In the event of a delay, FotoFinder Systems will perform its obligations as soon as reasonably possible.
(2) Neither FotoFinder Systems failure nor your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
(3) The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.