General terms and conditions
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as "you") with FOTOFINDER SYSTEMS GmbH, Industriestr. 12, 84364 Bad Birnbach, Germany, hereinafter referred to as "FOTOFINDER SYSTEMS", "us" or "we", on the FOTOFINDER SYSTEMS website.
By placing an order you agree to the terms and conditions stated herein. Please read the terms and conditions carefully before placing an order. Terms and conditions of the customer do not apply.
The offer of FOTOFINDER SYSTEMS GmbH is aimed at self-employed persons, freelancers such as doctors, companies and tradesmen (= entrepreneurs in the sense of § 14 German Civil Code (BGB). Orders from private customers are not accepted.
2. Prices and shipping costs
All prices are net prices in Euro and do not include the statutory value added tax.
Shipping costs are charged separately. Subsequent deliveries are generally free of charge.
3. Conclusion of contract
The presentation of the articles is not a legally binding offer, but an invitation to you to submit a binding offer to us. You can submit this offer to us in the online shop by placing the desired articles in the virtual shopping cart, clicking on the button "Checkout" and sending the articles placed in the shopping cart (click on the button "Order subject to charge"). After receipt of your order in the online shop, you will receive an automated e-mail documenting your submitted offer (order).
This e-mail merely confirms that we have received the order; a contract is not yet concluded.
An effective contract is only concluded if we accept your offer by e-mail, in writing or by telephone or by delivering the goods within five days.
The delivery is usually made with Courier Service in accordance with DAP (INCOTERMS 2020) without taxes and customs. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
The delivery time is 2-3 working days and depends on your destination. We point out possible differing delivery times on the respective product page.
With the handover of the goods ordered by you to the carrier or forwarding agent, we have fulfilled our contractual obligations and the risk is transferred to you. We are not liable for delivery delays caused by force majeure or other circumstances beyond our control.
5. Payment methods
Pay safely and easily with PayPal. Register for free with PayPal and deposit your bank details once.
The statutory warranty regulations apply. The warranty period is 1 year from delivery of the goods. As far as a longer period is indicated in the shop for individual products, this applies.
You must inspect the delivered goods immediately after delivery for freedom from defects and completeness and notify us of any defects, damage or incorrect deliveries immediately, but at the latest within 10 days of their discovery. Hidden defects must be reported within the same period after discovery. Late notification of defects shall result in the exclusion of warranty rights in accordance with § 377 HGB (German Commercial Code).
We shall be liable without limitation for intent, gross negligence, personal injury (injury to life, body or health), fraudulent intent, guarantee promises, claims under the Product Liability Act and in other cases required by law.
We shall only be liable for slight negligence if an essential contractual obligation (cardinal obligation) has been breached and the occurrence of the damage was to be prevented by the essential contractual obligation. A cardinal obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. Liability in the event of a breach of a cardinal obligation shall be limited to the foreseeable damage typical for the contract.
The above limitations of liability also apply to the personal liability of our employees, managing directors and vicarious agents.
8. Reservation of title
We reserve the right of ownership of the delivered goods until full payment has been received. In the event of sale, you assign your claim against the purchaser to us.
9. Law and jurisdiction
The law of the Federal Republic of Germany shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods - CISG - shall not apply.
Place of jurisdiction is Passau.
10. Data protection
11. Online dispute resolution (OS platform)
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be found at www.ec.europa.eu/consumers/