FRIEDA MAELLE
SEBASTIAN SCHUBBE
Photography & Filmmaking
Conditions
Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts in the version valid at the time of your order, which you conclude with us as a supplier (MLTSR PRINTS, Sebastian Schubbe, Bürgerweide 18a, 20535 Hamburg) via the website www.mltsr-prints.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the Internet browser) or canceling the purchase.
By submitting the order via the "Buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is formed. By submitting the order, you agree to the terms of use and the data protection guidelines.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights to liability for defects apply, whereby in the event of a defect we will first improve the goods or deliver them later. If this fails, you have the right to withdraw.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 6 Applicable Law and Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office (Berlin), provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 7 Severability Clause
Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. In place of the ineffective points, the statutory provisions, if any, apply.
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II. Customer Information
1. Identity of Seller
MLTSR PRINTS
Sebastian Schubbe
Bürgerweide 18a
20535 Hamburg
Germany
Friederike Schulz
Lünkenweg 10
22305 Hamburg
Germany
mltsr.prints@gmal.com
www.mltsr-prints.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (http://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices shown and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button in the online shop, are shown separately during the ordering process and are to be borne by you in addition. The goods are shipped as insured delivery via DHL or UPS. We bear the shipping risk if you are a consumer. You undertake to have provided the complete and correct delivery address when ordering. If there are additional costs due to incorrect address data, these are to be borne by you.
5.3. You can pay in advance or by Paypal.
5.4. Unless otherwise stated, the payment claims from the concluded contract are due immediately upon conclusion of the contract. (We can add: If the payment is due according to the calendar, you are already in arrears by missing the deadline. In this case, you have to pay interest on arrears at a rate of 5% above the base interest rate. The obligation to pay interest on arrears ends the assertion of further costs arising from the delay is not excluded.)
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, the delivery and shipment is at your own risk.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8. Return
If you make use of your right of withdrawal, we will bear the direct costs of the return. When asserting the right of withdrawal, the conditions of §3 "Individually designed goods" of the General Terms and Conditions (Part I) must be observed.
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right of withdrawal
Please note the special requirements in our terms and conditions under § 3 individually designed goods for exercising the revocation.
Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.)
Right of withdrawal
1. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods, provided you have ordered one or more goods as part of a single order and these is or will be delivered uniformly.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
2. Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Reasons for exclusion or expiration
3. Limits of Withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.