General conditions of sale
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scope
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These terms and conditions apply to all purchases from Tessa Frehse Graphic Design - Photography [link to "Imprint"] made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Contract conclusion
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The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation via email to the email address you provided.
prices and shipping costs
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The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details under [Link to "Shipping costs"]. We will bear the regular costs of returning the goods that arise if you return the goods by exercising your right of cancellation [Link to "Right of cancellation"]. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.
payment
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Payment is made upon delivery using
Apple Pay
- Credit card bad
Prepayment
- PayPal bad
- Klarna_cc781905-5cde-3194-bb3b-8d_cf58dbad
late payment
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If you are in default of payment, Tessa Frehse Graphic Design - Photography is entitled to demand default interest of 5 percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order. If Tessa Frehse Graphic Design - Photography has demonstrably incurred a higher damage caused by delay, Tessa Frehse Graphic Design - Photography is entitled to assert this.
right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
delivery
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(1) Delivery will be made to the delivery address provided by the customer, within
- Germany
- Poland bad
- Switzerland_cc781905-5cde-3194-bb3b-136_bad
- France bad
- Luxembourg bad
- Belgium bad
The Netherlands
- Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Tessa Frehse Graphic Design - Photography's obligation to perform is excluded. Amounts already paid will be refunded immediately by Tessa Frehse Graphic Design - Photography.
(3) Tessa Frehse Graphic Design - Photography can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith . Amounts already paid will be refunded immediately by Tessa Frehse Graphic Design - Photography.
(4) Bulky goods (packages with a volume of more than 1 square meter) are usually delivered by a forwarding agent. Tessa Frehse Graphic Design - Photography expressly points out that this product is not carried indoors.
Inexpensive shipping method for returns
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(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test.
(2) For the return, please use the fully stamped and addressed return label enclosed with the delivery of the goods. This is the simplest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs compared to a cheaper shipping method.
retention of title
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The delivered goods remain the property of Tessa Frehse Graphic Design - Photography until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
defect rights
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(1) A product that was already defective upon delivery (warranty case) will be replaced by Tessa Frehse Graphic Design - Photography with a product that is free of defects or professionally repaired (subsequent performance) at the customer's option and at the expense of Tessa Frehse Graphic Design - Photography. The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
a) for damage caused by misuse or improper use by the customer,
b) in the event of damage caused by the products being exposed to harmful external influences at the customer (in particular extreme temperatures, humidity, unusual physical or electrical stress , voltage fluctuations, lightning, static electricity, fire).
(2) Tessa Frehse Graphic Design - Photography also provides no guarantee for an error that has arisen through improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - with the value in particular of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of Tessa Frehse Graphic Design - Photography to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the event of repairs and in the event of a replacement delivery, the customer is obliged to send the product to the return address specified by Tessa Frehse Graphic Design - Photography, stating the order number, at the expense of Tessa Frehse Graphic Design - Photography. Before sending in the customer has to remove objects inserted by him from the product. Tessa Frehse Graphic Design - Photography is under no obligation to inspect the product for the incorporation of such items. Tessa Frehse Graphic Design - Photography is not liable for the loss of such items, unless Tessa Frehse Graphic Design - Photography was immediately aware when the product was taken back that such an item had been inserted into the product (in this case, informed Tessa Frehse Graphic Design - Photography the customer and has the item ready for the customer to collect; the customer bears the costs incurred). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, once the repaired or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends the goods in to get a replacement product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, this has the value of the goods drawn from him reimburse uses. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods that did not occur due to the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,
a) if the defect justifying withdrawal only became apparent during processing or transformation,
b) if Tessa Frehse Graphic Design - Photography is responsible for the deterioration or the loss or if the damage had also occurred at Tessa Frehse Graphic Design - Photography,
c) if the deterioration or the loss has occurred at the customer's, although he has observed the care that he uses in his own affairs.
(6) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) The statutory warranty of Tessa Frehse Graphic Design - Photography ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
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(1) In the case of slight negligence, Tessa Frehse Graphic Design - Photography is only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Tessa Frehse Graphic Design - Photography is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Irrespective of whether Tessa Frehse Graphic Design - Photography is at fault, liability on the part of Tessa Frehse Graphic Design - Photography remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute an acceptance of a guarantee by Tessa Frehse Graphic Design - Photography.
(3) Tessa Frehse Graphic Design - Photography is also responsible for the accidental impossibility of delivery that occurs during the delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Tessa Frehse Graphic Design - Photography for damage caused by them through slight negligence is excluded.
Applicable Law
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The contract concluded between you and Tessa Frehse Graphic Design - Photography is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN sales law. This does not affect the mandatory provisions of the state in which you have your habitual residence.
place of jurisdiction
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If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [seat of the operator of the online shop].
dispute resolution
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General information requirements for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
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