General Terms and Conditions
1.1 These terms and conditions for the company "Enjoyyourcamera.com Ingo Quendler" (subsequently named enjoyyourcamera), refer to all sales, deliveries and services by the Seller which the Customer purchases from the Seller through www.enjoyyourcamera.com. This excludes any further conditions by the Customer, unless a different regulation has been agreed upon.
1.2 Customers in terms of number 1.1 are consumers as well as corporate clients, where a consumer could be any natural entity that concludes a legal business transaction with an aim that is unrelated with their commercial or self-employed work. Whereas a corporate client could be any natural or legal entity or company with legal capacity, that acts within its self-employed or commercial activities while concluding a business transaction.
2. Conclusion of contract
The conclusion of a contract over the eBay website is subject to 2.1..The conclusion of a contract over the online-shop is subject to 2.2. The conclusion of a contract over seller central is subject to 2.3.
2.1 Contract conclusion with eBay
2.1.1 The conclusion of a contract over the eBay website is subject to ßß 10, 11 of the general terms and conditions of ìeBayî for the usage of the German language eBay websites (to be reviewed on http://pages.ebay.de/help/policies/user-agreement.html).
2.1.2.Before issuing their order the customer can correct their entries with the tools provided by eBay. These corrections can be processed with normal keyboard or mouse operations on the offer site in the respective entry fields or, after clicking the ìbuy it nowî or ìplace bidî button on the following confirmation page.
2.1.3.The offer page of the seller is saved by eBay for up to 90 days and can be reviewed by the Customer under the respective article number on eBay. By using the printing function of the browser the Customer has the opportunity to print the website.
2.1.4.The purchasing process and the establishment of contracts happen by e-mail and automated purchase process. The Customer has to ensure that the e-mail address he/she provides is correct so that e-mails sent to this address by the Seller can be accepted The Customer especially has to ensure that, in case SPAM filters are used, all purchase related e-mails sent by the Seller or any purchase processing service providers employed, can be delivered.
2.2 Contract conclusion on the Online-Shop
2.2.1 The product descriptions obtainable on the Seller's online shop are merely to let the Customer make a legally binding purchasing offer.
2.2.2 The Customer can make a purchasing offer in writing, by fax, e-mail or through the on-line order form incorporated into the Seller's on-line shop. When purchasing through the on-line order form the Customer issues a legally binding purchasing offer for the items included in his on-line shopping cart by clicking the button labelled ìsend orderî after typing in his personal details. Before the binding order is actually issued all entries can be corrected by common keyboard or mouse operation. Furthermore all entries are displayed one last time before the binding issue of the order in a confirmation window, where they can be altered by common keyboard and mouse operation as well.
2.2.3 Receipt of the Client purchase offer will be immediately confirmed by the Seller, by electronic media (fax or email). The Seller shall be entitled to accept the Client purchase offer in writing (by letter) or electronically (by fax or email), via the transmission of a sales confirmation or delivery of the goods, within five days. The Seller shall be entitled to reject the order, possibly following a Client credit check.
2.2.4With reference to orders placed electronically, the text of the contract (containing the order data and General Terms and Conditions of Trade) will be archived by the Seller and transmitted to the Client by e-mail.
2.3. Contract conclusion on amazon ìSellerCentralî
2.3.1 The product descriptions obtainable on the amazon SellerCentral are merely to let the Customer make a legally binding purchasing offer.
2.3.2 The Customer can make a purchasing offer in writing, by fax, e-mail or through the on-line order form incorporated into the amazon SellerCentral. When purchasing through the on-line order form the Customer issues a legally binding purchasing offer for the items included in his on-line shopping cart by clicking the button labelled ìsend orderî after typing in his personal details. Before the binding order is actually issued all entries can be corrected by common keyboard or mouse operation. Furthermore all entries are displayed one last time before the binding issue of the order in a confirmation window, where they can be altered by common keyboard and mouse operation as well.
2.3.3 Receipt of the Client purchase offer will be immediately confirmed by the Seller, by electronic media (fax or email). The Seller shall be entitled to accept the Client purchase offer in writing (by letter) or electronically (by fax or email), via the transmission of a sales confirmation or delivery of the goods, within five days. The Seller shall be entitled to reject the order, possibly following a Client credit check.
2.3.4With reference to orders placed electronically, the text of the contract (containing the order data and General Terms and Conditions of Trade) will be archived by the Seller and transmitted to the Client by e-mail.
2.4. The purchasing process and the establishment of contracts happen by e-mail and automated purchase process. The Customer has to ensure that the e-mail address he/she provides is correct so that e-mails sent to this address by the Seller can be accepted The Customer especially has to ensure that, in case SPAM filters are used, all purchase related e-mails sent by the Seller or any purchase processing service providers employed, can be delivered.
3. Return shipment costs for invoked right of withdrawal
If the customer has the right of withdrawal according to art. 312d part. 1 section 1 BGB, then they are obliged to bear any costs for return shipping of the items, as long as the price for the item returned does not exceed Euro 40 or, if the price is higher, as long as the Customer has at the time of withdrawal, not yet effected payment or partial payment, unless the goods delivered are not as ordered. In every other case the Seller bears the costs for return shipment.
4. Prices and payment conditions
4.1. All indicated Seller prices are final, and include all price components, including VAT at the legally applicable German rate. Additional delivery and shipment costs, if applicable, will be indicated separately, in the offer, in the related product description. With reference to trans-border deliveries, additional costs, such as possible tax surcharges (in the case of intra-community purchases), and/or possible tariffs or customs duties, may also be incurred in certain cases.
4.2 For deliveries inside Germany, the Seller accepts the following methods of payment:
1. Prepayment by
- Bank transfer
- Credit card
2. Direct debit (debit note)
4. Delivery against invoice
5. Cash payment upon pickup
4.3 For deliveries abroad, the Seller accepts the following methods of payment:
4.4 1. Prepayment by
- Bank transfer
- Credit card
2. Direct debit (debit note)
4. Delivery against invoice
5. Cash payment upon pickup
4.4 With reference to agreed advance payment, the payment must be made immediately following conclusion of the contract.
4.5 With reference to the ìDelivery against Invoiceî method of payment, payment of the purchase price falls due following delivery and invoicing of the goods. In this case, payment of the purchase price must be made within 10 (ten) days of receipt of the invoice, net, without deduction, unless otherwise agreed. In such cases, the Seller shall be entitled to make the Client data available to the xxx GmbH for the purpose of performing a Client credit check. The Seller reserves the right to reject the ìDelivery against Invoiceî method of payment regardless of the results of the said Client credit check.
4.6 With regards to the ìDirect Debit (Debit Note)î method of payment accompanied by the provision of Client bank account data, the Seller shall be entitled, subject to revocation to collect the amount of the invoice from the indicated Client account. The Seller shall furthermore be entitled to make the relevant Client data available to the xxx GmbH for purposes of performing a Client credit check. The Seller reserves the right to reject the ìDelivery against Invoiceî method of payment regardless of the results of the Client credit check.
If the bank account indicated by the Client lacks sufficient funds to cover the invoice, the credit institution holding the account shall be under no obligation whatsoever to honour the debit advice. In the event of such refusal to honour the debit advice on the grounds of insufficient funds, or in the event of unjustified Client objection to the related direct debit, the Client shall furthermore be responsible for all resulting chargeback costs incurred.
4.7 With reference to Client pickup, the Client will be informed by the Seller, by e-mail, when the goods are ready for pickup. Following receipt of the said e-mail, the Client shall be entitled to pick up the goods at the Sellerís premises, during opening hours (Monday-Friday, 8:00 A.M. - 6:00 P.M.). In this case, no shipping costs will be invoiced.
4.8 The Customer does not have the right to charge unless the counter-claim has been established undeniably to be valid or accepted by the Seller.
4.9 The Customer can only invoke a withholding right if it refers to claims from the same contractual relationship.
5 Delivery and transport conditions as well as passing of risk
5.1 Delivery of goods is effected by normal dispatch to the address given by the Customer. When processing the transaction only the delivery address in the purchasing process documentation is valid.
5.2 If delivery to the customer is not possible the transport company commissioned sends the goods back to the Seller and the Customer has to bear the costs for the unsuccessful delivery. This does not apply if the unsuccessful delivery attempt was not caused by the customer.
5.3 Generally the risk of incidental loss or incidental deterioration of the sold merchandise passes to the customer when the goods are handed to him or her or any person authorised to take delivery. If that person is a corporate client (acting within the scope of his or her work; ß 14 BGB), then the risk of incidental loss or incidental deterioration during dispatch passes to any suitable transport person as goods are delivered at the Seller's place of business.
5.4 All agreed delivery periods to corporate clients are subject to merchandise being delivered to the Seller correctly and timely in those cases in which the Seller has concluded an actual hedging transaction and is not accountable for the unavailability.
6 Reservation of proprietary rights
The delivered goods remain the property of the Seller until payment has been completed.
7 Defect liability
If the purchased items are defective, legal regulations apply. Other regulations are:
7.1. For corporate clients
- a marginal fault does generally not justify defect liability claims.
- the Seller may choose the type of supplementary performance.
- for new goods; the limitation period is one year after the passing of risk.
- for used goods; rights and claims due to defects are generally excluded.
- the limitation period is not extended if, within the scope of fault liability supplementary performance has been invoked.
7.2. For consumers the limitation period for defect claims is
ï for new goods; two years from the date of delivery to the customer.
ï for used goods; one year from the date of delivery to the customer.
7.3. For corporate clients the legal limitation periods for the right of recourse according to ß 478 BGB remain unaffected, the same applies to corporate clients and consumers in case of deliberate neglect of duty or malicious concealment of a fault.
7.4. Furthermore for corporate clients and consumers the regulation applies that the aforementioned liability limitations in number 1.18 and number 1.19 do not refer to claims for damages or expenditures the Customer makes based on legal regulations due to faults. For these the number 8 applies.
7.5. If the client is a trader (ìKaufmannî) as per ß 1 HGB, then the commercial duty of inspection, notification and rejection as per ß 377 HGB applies. If the Customer does not comply with said notification duties the goods are regarded as accepted.
7.6. If the Customer is a consumer, he is kindly asked to complain about goods with obvious transport damages to the dispatcher and to inform the Seller. If the Customer fails to do so, this has no effect on his or her legal or contractual damage claims.
7.7. If supplementary performance has been effected by means of replacement delivery then the Customer is obliged to return the goods delivered first to the Seller within 30 days at the latter's expense. Return shipment of faulty goods must be made according to legal regulations.
7.8. Transfer of the Customer's default claims is not possible.
8.1. The Seller is liable for each legal reason without limitations in cases of harming life, body or health, deliberately, in gross negligence, maliciously when promising guarantees as well as when the liability ensues out of binding legal regulations, within product liability law.
8.2. In all other cases the Seller is liable as follows for each legal reason:
8.3. If the Seller has, out of negligence, infringed any obligation relevant to the contract (so called cardinal obligation), the liability is restricted to the foreseeable typical average damage.
8.4. If the Seller has, out of negligence, infringed any irrelevant contractual obligation, then the liability is restricted to the value of the contract.
9. Data protection at eBay and amazon
9.1. Client personal data will only be gathered and stored when made available by the Client to the Seller for purposes of processing the order. Personal data gathered at this time will be used for purposes of processing the order, as well as for the processing of any Client inquiries. Such data will also be used for purposes of subsequent account management and customer care, in which case the Client may object to such use at any time, without added cost, apart from conveyance costs calculated according to the base rates.
9.2. Within the framework of conclusion of the contract, Client personal data will be made available to the shipping firm responsible for delivery, insofar as required for said delivery.
9.3. If the purchase is processed via the ìAfterbuyì (VIA Online GmbH) service provider in Krefeld, the said Client personal data will be made available to ìAfterbuyì solely for the purpose of processing the online order of the Client. Further information on ìAfterbuyî data protection policy, as well as the Data Protection Declaration of VIA Online GmbH, are available for consultation at http://www.afterbuy.de/Data protection.htm.
9.4. Apart from the above, no Client personal data will be made available to third parties.
9.5. Following completion of contractual processing and receipt in full of payment of the purchase price, Client data will be stored for reference purposes for the data storage periods required by applicable fiscal and commercial legislation, but will be deleted upon expiration of the relevant storage periods, in the absence of express Client consent to the subsequent utilisation of the said data.
9.6. 9The Client is entitled to make inquiries with the Seller about the gathering, processing or utilisation of his personal data free of charge.
10. Data protection in the Online Shop
Client personal in the Online Shop of the Seller data will be utilised according to the terms of the Data Protection Declaration of the Seller, posted under a separate heading in the Online Shop.
11. Information regarding battery regulations
11.1. Please note that old batteries may not be disposed of in household rubbish. Old batteries may be disposed of at municipal collection points or in the local trade. With the exception of starter batteries, disposal at municipal collection points is free of charge. Batteries received by the Client from the Seller may be returned to the Seller by post, sufficiently franked. It should furthermore be noted that the shipment of used starter batteries by post is prohibited under the terms of the regulations governing the carrige of hazardous goods by road or rail.
11.2. Batteries that contain toxic substances are labelled with the symbol of a crossed out garbage can. Below that symbol the chemical designation of the toxic substance can be found, for example ìCdî for cadmium, ìPbî for lead or ìHgî for mercury.
11.3. When selling starter batteries the following specificities apply:
11.3.1. With regard to ß 6 BattV the Seller is obliged to raise a deposit of Ä7.50 including value added tax from the Customer unless the Customer returns a used starter battery at the time of purchasing the new starter battery.
11.3.2. The Customer will receive a deposit voucher when buying a starting battery. When returning the old starter battery to a collecting point set up by a federal agency the Customer needs to have this return confirmed with stamp and signature. Subsequently the customer has the opportunity to return this confirmation together with his or her customer number to the Seller in order to effect the return of the deposit paid. Alternatively the customer can hand his old starter battery in together with the deposit voucher to the Seller. (Due to dangerous goods regulations, sending the old battery is not permitted.)
11.4. The customer also has the opportunity to read this information in the paperwork accompanying the sent items or in the producer's operating manual.
12. Applicable law
12.1. For all legal relationships between the contractual parties the law of the Federal Republic of Germany is applicable with the exception of those laws regarding the international purchase of movable goods. For consumers this is only applicable, insofar as the protection offered by the country in which the consumer has his or her normal place of residence is not revoked.
12.2. If the Customer is a trader, a legal public-law entity or a public-law separate estate, the only court of jurisdiction for all legal disputes resulting from this contract is the Seller's place of business. The same applies if the Customer does not have a general court of jurisdiction or place of residence in Germany or the EU, or if the domicile or typical place of residence is not known at the time legal action is commenced. The right to go to court at a different court of jurisdiction remains untouched by this.
12.3. The contractual language is German.