General Terms and Conditions of the online shop Fotoalben-Discount.de
Last update: February 2018
Henry Noack Fotoalben-Discount e.K.
owner: Henry Noack
phone: 0049 35 952 - 423 140
fax: 0049 35 952 423 142
tax number: 213/253/08882
VAT number: DE248239964
commercial register: Amtsgericht Dresden, HRA 9042
Fotoalben-Discount.de offers their customers their assortment, among other things, via the online shop www.Fotoalben-Discount.de for purchase. The following general terms and conditions of business (GTC) apply exclusively for the business relations to the customer based on this online shop:
Terms of Service
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
These terms and conditions also apply to future business relations with entrepreneurs, without our having to make any further reference to them. If the Contractor uses opposing or supplementary General Terms and Conditions, the validity thereof is hereby contradicted; They will only become part of the contract if we have expressly consented to it.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Henry Noack Fotoalben-Discount e.K..
By placing the products in the online shop, we submit a binding offer to conclude the contract. You can initially place our products without obligation into the shopping basket and correct your entries at any time before submitting your binding order by using the corrective aids provided for this purpose in the order process. The contract comes about by accepting the offer via the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract renewal
The languages available for the contract are German and English. We store the contract text and send you the order data and our general terms and conditions by e-mail. You can also view the General Terms and Conditions on this page at any time. Your past orders are no longer accessible on the Internet for security reasons.
4. Terms of delivery
In addition to the indicated product prices are still shipping costs. You can find out more about the amount of the shipping costs in the offers.
You have in principle the possibility of picking up at Fotoalben-Discouunt, Melanchthonstr. 12, 01900 Großröhrsdorf, Germany at the following business hours: Mon-Fri 9 am-5pm.
The following payment methods are available in our shop:
Payment in advance
If you choose the payment method of payment, we will call you our bank account in separate e-mail and deliver the goods after payment received.
By submitting the order, you also submit your credit card details. After your legitimation as a legal cardholder, we request your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is automatically carried out by the credit card company and your card is debited.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process.
The payment transaction is automatically executed by PayPal immediately afterwards.
After submitting the order, you will be redirected to the website of the online provider SofortÜberweisung. In order to be able to pay the invoice amount via SofortÜberweisung, you must have an online banking account enabled by PIN / TAN procedures for the participation in SofortÜberweisung, you must appropriately legitimate and confirm the payment instructions to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SofortÜberweisung transfer and your account is debited.
After clicking on the button "Pay with Amazon", you will be redirected to the website of the online provider Amazon before the order is completed in our online shop. In order to process the order process via Amazon and to pay the invoice amount, you must be registered there or register and authenticate with your access data. There you can choose the shipping address and method of payment stored at Amazon, confirm the use of your data by Amazon and the payment instructions to us. You'll get more information during the ordering process. Afterwards, you will be returned to our online shop, where you can complete the ordering process.
Immediately after dispatch of the goods we ask Amazon to initiate the payment transaction. The payment transaction is performed automatically by Amazon.
We offer this payment method for customers with a customer account from the second order. This payment method is currently available to customers from Germany and Austria. The payment target is 14 days net.
Cash on pickup
You pay the invoice amount when you pick up cash.
6. Proprietary reservation
The goods remain our property until full payment. For entrepreneurs, the following applies in addition: We reserve the title to the goods until full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale will be paid to you in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. They remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.
7. Transportation damage
If goods are delivered with obvious damage to transport, please report these errors immediately to the deliverer as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to claim our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the goods in accordance with § 377 HGB applies. If you omit the ad arranged there, the goods shall be deemed to be approved, unless it is a defect which was not recognizable during the investigation. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the recourse claim pursuant to § 478 BGB shall remain unaffected. As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with the guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
In case of injury to life, body or health
In case of intentional or grossly negligent breach of duty as well as fraudulent intent
In the case of violation of material contractual obligations, the fulfillment of which is the proper
The implementation of the contract and to ensure compliance with it
Contracting parties regularly (cardinal obligations)
In the context of a guarantee promise, if agreed
As long as the scope of the Product Liability Act is in force.
Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the Onlineshop.
Customer service: Our customer service is available by email and telephone.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
In case of injury to life, body or health,
In case of intentional or grossly negligent breach of duty,
In case of warranty, as agreed, or
As long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, the performance of which is subject to the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence by us, our legal representatives or vicarious agents, the liability is dependent on the amount foreseeable Damage that is typically expected to occur. In addition, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de.
11. Final provisions
If you are an entrepreneur, then German law applies under the exclusion of the UN purchase law. If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person of public law or a public special fund, our exclusive place of jurisdiction is all disputes arising out of contractual relations between you and us.