The following terms and conditions shall apply for any contracts closed between Fotemia KG and its customers through the internet and become a part of these contractual relationships (e-commerce / web-shop) without any other actions being required. Deviations from these terms and conditions shall only be valid if Fotemia KG agreed to their validity in writing.
All prices indicated in our web shop are including VAT. The prices quoted shall only apply for the orders placed there at the time the order is placed. Added to this are the respective shipping costs and a COD charge in case of cash on delivery.
Submitting an order constitutes an offer for closing a purchasing contract. The purchasing contract between Fotemia KG and the customer is closed by the buyer's confirmation of the question of whether he wants to buy by clicking with the mouse or by confirming with the enter key or the button "order now", or by the purchaser indicating his intention to buy by eMail. A qualified invoice can be obtained by email.
Fotemia KG has the right to accept this offer within a period of 14 calendar days by way of an order confirmation.
Fotemia KG shall have the right to rescind the closed contract under the following conditions:
Fotemia KG does not offer any products for purchase by minors. Even our products for children may only be bought by adults.
Please observe that we only sell our products in the quantities usual for households.
May, on the order summary page your data to a purchase order, in complete change of the order. Seller's offers are non-binding. By the basket filled with products and submitting the order form on the order summary page, made the customer a binding offer. The order is to be the customer with an order confirmation (text of the treaty), in which all of us in order stored data such as Products, prices, terms and conditions are to be found, etc., by mail, to the customer's email address stored, transmitted and can also request to be sent again to the customer. You can change or correction on the order summary page, the ordering process by clicking the button to make "change".
To buy products on our site:
The goods are delivered by mail at the shipping costs stated in our offer (for exact shipping costs please refer to the menu item: shipping costs).
If Fotemia KG is unable to deliver the goods ordered due to no fault of its own, because the supplier of Fotemia KG does not fulfil his contractual obligations, Fotemia KG shall have the right to withdraw from the contract with the buyer. In this case, the buyer shall be informed of the fact that the product ordered is not available without delay. Any statutory claims of the buyer shall not be affected by this.
Where delivery to the buyer is not possible because the goods delivered do not fit through the entrance door, house door or stairs of the buyer or because the buyer is not present at the shipping address stated although he was informed of the time of delivery with a reasonable period of notice, the buyer shall assume the costs for the unsuccessful delivery.
In forwarding transactions where the buyer is a consumer, the danger for damage or destruction of the goods pursuant to § 474 para 2 BGB (German Civil Code) shall only pass to the purchaser when he has received the goods in undamaged condition.
For consumers (§ 13 BGB), an unlimited right to return is agreed instead of the statutory right of revocation.
Consumers are those individuals who complete a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed.
- Return statement -
Right to Return
You may return goods received within two weeks without stating any reasons by sending the goods back. The period shall begin with the receipt of this statement as a text (e.g. as a letter, fax, email), but not before the goods are received by the recipient (in case of repeated delivery of similar goods not before the receipt of the first instalment) and also not before we have met our obligation to provide information pursuant to Article 246 § 2 in connection with § 1 para 1 and 2 EGBGB and our obligations pursuant to § 312e para 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Only where goods cannot be shipped in a package (e.g. bulky goods), you may also declare that you return the goods by sending a written request for withdrawal. To comply with the period for returning the goods, the timely dispatch of the request for withdrawal shall be decisive. In any case, we shall assume the costs and danger for returning the goods.
The goods or request for withdrawal shall be sent to:
Fotemia KG
Neugasse 22
65183 Germany
E-Mail: info@fotemia.de
Consequences of Return
In case of a valid return, the mutually received services shall be returned and any possibly benefits (e.g. benefit of use) shall be handed over. In case of a deterioration of the goods, compensation for the value lost may be demanded. This shall not apply if the deterioration of the goods is only due to testing the goods – as it would have been possible in a shop. Furthermore, you may avoid the obligation to pay compensation for value lost due to intended use of the object by not using the goods as your property and by not doing anything that would compromise their value. Obligations to pay compensation must be met within 30 days. The period shall start for you with dispatching the goods or the request for withdrawal, for us with its receipt.
- End of Advise Of Right To Return -
Note:
The right to return does not apply to goods that were produced according to customers specifications (e.g. t-shirts with your photo and your name) or other clearly personalized goods.
We will gladly supply you with a parcel stamp for insured return. If you would like to make use of this, contact us in advance (Phone: +49 611 / 33 63 000).
The purchasing price shall be payable at once without any deduction of discounts when the goods are dispatched to the customer, depending on the payment method selected. In case of pre-payment, the amount invoiced is to be transferred to the business account stated within 5 days after receipt of the order confirmation. In case of delayed payments, there may be delays of delivery. In case of orders from other countries, delivery shall only be made after the invoiced amount is received.
If the customer is in delay with payment, Fotemia KG shall have the right to demand default interest of 5 % p. a.. Goods may only be purchased by consumers who are at least 18 years old. The delivery address and home address must be the same and within the countries into which we send our goods (for this, also see the list under menu item "shipping").
Goods that were not ordered or that are faulty shall be returned by the customer to Fotemia KG without delay, together with the description of the goods and the type of error. In case of justified complaints, replacement deliveries or rectification of the defect may be performed. Only when the rectification of the defect or replacement delivery fails, the customer is entitled to reducing the price or demand that the contract be negated.
The buyer shall only have a right to set-off when the counterclaims were legally determined or are undisputed by Fotemia KG. He shall also only be permitted to exercise any right of retention where his counterclaim is due to the same contractual relationship.
The goods delivered shall remain the property of Fotemia KG until they are paid in full.
If there is any defect of the purchased object, the statutory provisions of §§ 434 ff. BGB shall apply.
Where nothing else is stated below, any further claims of the buyer – independent of their legal reason – shall be excluded. Due to this, Fotemia KG shall not be liable for any damages that did not occur to the delivered object itself; in particular, Fotemia KG shall not be liable for any loss of profit or any other financial losses of the buyer. Where liability is excluded or limited by Fotemia KG, this shall also apply for the personal liability of employees, representatives and auxiliary persons.
Preceding limitation of liability shall not apply where the reason for the damage is due to wilful intent or gross negligence or where there is a case of personal injury. It shall also not apply if the buyer raises claims from §§ 1, 4 product liability.
Where Fotemia KG negligently violates an essential contractual obligation, the obligation to replace property damage shall be limited to the damage that usually occurs. Essential contractual duties are duties, through which the purpose of the contract is jeopardised, for example, in case of substantial and significant default, in the case of not only insignificant breach from failure to perform participation duties or information obligations or in the event of not only irrelevant violation of duties through which the contract stands or falls.
If supplementary performance was conducted in form of a replacement delivery, the buyer is obliged to return the goods delivered first to Fotemia KG on the expense of Fotemia KG within 30 days. The return of the defective goods shall be pursuant to the statutory provisions of §§ 439 para 4, 346 to 348 BGB. Fotemia KG reserves the right to claim damages within the statutory competitions.
The limitation period shall be twenty-four months from delivery.
The limitation period for claims from defects for the sale of consumer goods is two years. Any deviations in quality, colour, width, weight, equipment or design that are usual in the trade or small and technically unavoidable cannot be objected to. The buyer of a defective object may first only demand the removal of the defect or delivery of an object free of defects (supplementary performance). The seller may refuse the type of supplementary performance selected by the buyer if it is only possible with unreasonable costs. For this, especially the value of the object free of defects, the importance of the defect and the question of whether or not another type of supplementary performance can be used without any considerable disadvantage for the buyer must be considered. The buyer's claim shall in this case be limited to the other type of supplementary performance: This may also be refused by the seller due to unreasonable costs. If the seller delivers an object that is free of defects due to unreasonable costs, the buyer shall return the defective object and pay compensation for the use made of it. For determination of the value of the use, the linear value deterioration pro rata temporis for the difference between the actual time of use and the expected total time of use shall be decisive.
If supplementary performance failed, the buyer may withdraw from the contract or reduce the purchasing price. If the buyer decides to withdraw from the contract, he shall return the defective object and pay compensation for the use made of it. For determination of the value of the use, the linear value deterioration pro rata temporis for the difference between the actual time of use and the expected total time of use shall be decisive.
Any warranty claims shall be - providing that there exists an obvious default / defect - asserted without delay under submission of the purchasing contract or the invoice or another believable proof. The extent of warranty shall not extend to the removal of defects and additional effort that arose due to outside influences and improper operation. Replacement of original equipment used up (e.g. films) shall not be part of the extent of warranty.
For used goods, the period of limitation for claims from defects shall be one year. This shall not apply if Fotemia, its executive employees or its vicarious agents are guilty of intentional or gross negligence or personal injury, or if Fotemia is liable due to the non-compliance with assured characteristics of the product, or if Fotemia is in breach of a major contractual duty ((Definition see § 10)) or the described liability under the provisions of the product liability laws.
For exact details concerning the manufacturer´s warranty conditions, please refer to the particular manufacturer´s website. Warranty claims are not restricted by the guarantee.
Fotemia KG shall have the right to electronically save and process information voluntarily provided by the customer. Fotemia KG shall use the information solely for its business relationship with the customer. Any information we receive from you will help us personalize your shopping experience at Fotemia KG. We use this information for processing orders, the delivery of goods and the performance of services. We also use this information to communicate with you on orders, products, services and marketing offers and for updating datasets and to maintain and service your customer accounts, as well as for publishing contents such as wish lists or customer reviews and to recommend products and services to you that may be of interest for you. We also use your information to improve our shop and our platform, to avoid or uncover misuse of our website or to enable third parties to conduct technical, logistic or other services for us.
If any provision of this contract, including this provision, is wholly or partially invalid or if there is any gap in the contract, the validity of the remaining provisions or parts of such provisions shall not be affected. The invalid or missing provision shall be replaced by the respective statutory provisions or the intended contents.
Fotemia KG
Neugasse 22
65183 Wiesbaden
E-Mail: info@fotemia.de
German law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
