(1) The following General Terms & Conditions apply to all contracts, deliveries and other services of FIGMA Engineering und Industrievertretung GmbH, Wiedstr. 22, 50859 Haar, Germany (hereinafter: photos-and-paintings.com), in respect of its customers. In every case the version of the General Terms & Conditions that is effective at the time of the order shall apply.
(2) Customer's terms & conditions of different effect are herewith ruled out. photos-and-paintings.com accepts terms & conditions of different effect only if such have been expressly agreed in writing. All supplementary agreements must be confirmed in writing.
(3) The business relationship between photos-and-paintings.com and its customers is governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sales of Goods. The courts in Cologne shall have jurisdiction provided that the customer is a merchant or a legal person under public law or a special entity under public law.
(4) We recommend that when an order is placed all the transaction data and these General Terms & Conditions (GTC) be printed out.
2. Confirmation of order and conclusion of contract
(1) On the internet website http://www.photos-and-paintings.com, photos-and-paintings.com offers its customers the possibility of having images and posters printed on photographic paper, on canvas (framed or unframed) or on plexiglass or acrylic glass on the basis of their own image files, and of having other products made using individualised photo motifs (e.g. photo books). photos-and-paintings.com is entitled to commission third parties for the purpose of contract performance, in which case photos-and-paintings.com is always the customer's contract partner.
(2) The contract for the ordered images, posters, canvases and other products, and the ordered accessories (goods) shall come into being only as of the order confirmation which photos-and-paintings.com sends by email, after order placement, to the address specified by the customer. No contract shall come into being by virtue of the customer uploading the images and making a selection of the order data (placing an order).
(3) photos-and-paintings.com reserves the right to decline orders if order execution would involve violation of statute law or the rights of third parties. In such case photos-and-paintings.com will inform the customer by email that the order has been declined.
3. Right of return with distance contracts
(1) Customers who are consumers may return the goods received, without statement of reasons, within one month, by way of return shipment. The one-month period starts after receipt of this notification in written form (e.g. as letter, fax. email), but not before receipt of the goods (in the case of recurring shipments: not before receipt of the first part-delivery) and not before photos-and-paintings.com has fulfilled the duty to inform as required under section 312c (2) of the BGB (German Civil Code) in conjunction with section 1 (1, 2 and 4) of the BGB-InfoV (ordinance regulating the duty to inform), as well as the duties stipulated in section 312e (1) (1) of the BGB in conjunction with section 3 of the BGB-InfoV. Only in the case of goods that cannot be shipped as parcels (e.g. bulky goods) may the customer also require, in writing, return by way of collection. Adherence to the one-month period shall be determined by the date of dispatch of the goods or the request for collection. In every case the return of the goods shall be at the risk and expense of photos-and-paintings.com. The following address must be used for the return of the goods or the request for collection:
FIGMA Engineering und Industrievertretung GmbH
50859 Cologne, Germany
Fax: +49 (12234) 700 600
(2) There shall be no right of return in the case of delivery of goods which are made to customer's specifications, or which are unequivocally tailored to individual requirements, or whose nature and properties make them unsuitable for return shipment.
(3) In the event of an effective return, the goods/services received by either party must be returned and any financial benefits derived (e.g. through use and enjoyment) must be surrendered. If the condition of the goods has deteriorated, we may require compensation for lost value. This does not apply if the deterioration of the goods is due exclusively to the customer's inspection of them - as would have been possible in a shop transaction. Furthermore, customers can avoid being obliged to compensate for lost value due to a deterioration in the condition of the goods occurring in the course of proper and correct use of the goods if they do not use them as if they were their own property and if they also refrain from any act which could impair their value. Obligations to refund payments must be fulfilled within 30 days. The 30-day period begins, for the customer, as of dispatch of the goods or the request for collection; for photos-and-paintings.com, as of receipt of goods or request.