Terms of service
General Terms and Conditions KI KATJA INDERKA PHOTOGRAPHY (GTC)
- Scope of application:
These general terms and conditions apply to all orders placed by customers (hereinafter
"Orderer") via the online store KI-KATJA INDERKA PHOTOGRAPHY; Katja Inderka Photography, Aachener
Str. 130, 50674 Cologne, Germany, phone: 0221/56 266 744, email: email@example.com .
- Conclusion of contract:
The offer of KI-KATJA INDERKA PHOTOGRAPHY is directed exclusively to customers who have completed
the age of 18. The articles listed by KI-KATJA INDERKA PHOTOGRAPHY do not represent an offer for sale, but only a
non-binding invitation to the customer to make a purchase offer himself. In doing so, the customer is
obliged to provide the information requested in the order form (name, address, etc.) truthfully and
completely. If the customer is a legal entity, a natural person authorized to
represent must be specified. The purchase offer can be made by means of
KI-KATJA INDERKA PHOTOGRAPHY provided order forms online or in any other way
be submitted. After receipt of the offer the customer receives an automatically generated e-mail, with which
KI-KATJA INDERKA PHOTOGRAPHY only confirms the receipt of the order. The sales contract comes off only with explicit
acceptance explanation by KI-KATJA INDERKA PHOTOGRAPHY.
Purchase offers of the orderer are accepted only to the in each case current prices and conditions.
All prices understand themselves incl. the legal value added tax (at present 19%), plus forwarding expenses. The current
shipping costs can be accessed at any time on www.katjainderka.com.
The payment of the purchase price plus shipping costs is made in advance after receipt of the contract acceptance confirmation.
In case of payment "invoice in advance", the purchase price is due upon receipt of the invoice for payment to the account communicated by
KI-KATJA INDERKA PHOTOGRAPHY.
If the customer is in default of payment, KI-KATJA INDERKA PHOTOGRAPHY is entitled to claim default interest of 5
percentage points above the prime rate from the customer. For each reminder that is sent after
occurrence of default - i.e. not already for the first reminder triggering the default .
- the customer will be charged a reminder fee of 2.50 euros, unless the customer
can prove a lower or the absence of damage.
KI-KATJA INDERKA PHOTOGRAPHY reserves the right to assert a higher concrete damage caused by default on appropriate
From the receipt of the full purchase price including shipping costs, delivery is usually within
of up to 14 business days from stock to the delivery address specified by the customer. The aforementioned delivery period
is non-binding, unless otherwise expressly agreed. After delivery, the
orderer receives a shipping confirmation. .
KI-KATJA INDERKA PHOTOGRAPHY is liable without limitation, insofar as the cause of damage is based on an intentional or grossly
negligent breach of duty by KI-KATJA INDERKA PHOTOGRAPHY or a vicarious agent.
For the slightly negligent breach of essential obligations KI-KATJA INDERKA PHOTOGRAPHY is liable only for the
foreseeable, typical contractual damage. Essential obligations are those whose violation endangers the achievement
of the purpose of the contract or whose fulfillment enables the proper execution of the contract
at all and on whose compliance the customer regularly relies. KI-KATJA INDERKA PHOTOGRAPHY is
not liable for the slightly negligent breach of obligations other than those mentioned above.
The limitations of liability do not apply to injury to life, limb and health, for a defect
after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed
defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of KI-KATJA INDERKA PHOTOGRAPHY is excluded or limited, this also applies to the
personal liability of employees, representatives and agents. .
If the purchased item is defective, the statutory warranty provisions apply.
The papers, dyes, chemicals
and other materials used in our source materials and manufacturing processes may, like other dyes, change slightly over time,
in some cases even from one production batch to the next. In such product and industry
variations is not a defect.
KI-KATJA INDERKA PHOTOGRAPHY
AACHENER STRASSE 130
The works offered by KATJA INDERKA PHOTOGRAPHY are subject to the protection of copyright law.
With the purchase of a work from KATJA INDERKA PHOTOGRAPHY, the customer acquires only the in rem
ownership of the reproduction piece of the work. No other rights of use
are granted. Any reproduction (duplication), distribution, leasing, making available to the public
or other analog or digital utilization is not permitted. The customer may resell the print or
the duplicate of the work, however.
The public exhibition of acquired works requires in individual cases the consent of
KATJA INDERKA PHOTOGRAPHY or the author. .
- Rights of third parties/release in case of infringement:
As far as KATJA INDERKA PHOTOGRAPHY brings in photographs of the customer
in accordance with the order during the creation of the ordered article, the customer assures that he, for his part, has the exclusive
right of exploitation of the respective photographs sent and thus does not infringe any rights
of third parties. If persons other than the customer are depicted on the respective photographs,
the customer shall ensure that the persons depicted have consented to the corresponding use.
In the event that KATJA INDERKA PHOTOGRAPHY is justifiably held liable by third parties due to illegal
use of the photographs submitted, the customer shall indemnify
KATJA INDERKA PHOTOGRAPHY internally against any damage incurred as a result. .
- Data protection:
KATJA INDERKA PHOTOGRAPHY uses the data provided by the customer exclusively for the fulfillment and
processing of the order. A passing on of the data takes place to the
service provider assigned with the production as well as the assigned dispatch enterprise, as far as this is necessary for the supply of the goods
is (name, address, if necessary telephone number for the tuning of dates of delivery). For the handling of
payments KATJA INDERKA PHOTOGRAPHY passes on the payment data of the customer if necessary to the house bank.
The customer is obliged to make a backup copy of possibly used
data (such as photos, images, motifs, etc.) before sending the order. If the customer does not comply with the aforementioned
obligation and arises in the context of the execution of the order a damage, so is
KATJA INDERKA PHOTOGRAPHY not liable for such damage, which could have been avoided by the fact that the
Customer would have met the aforementioned obligation to make a backup copy. .
- Right of withdrawal:
As far as the customer is a "consumer" according to § 13 BGB, he is entitled to a statutory right of withdrawal, as
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, which is
not the carrier, the goods in possession have taken or has.
To exercise your right of withdrawal, you must inform us
by means of a clear statement (eg a letter sent by mail, fax or e-mail) about
your decision to revoke this contract. For this purpose, please use the following address: .
- KATJA INDERKA PHOTOGRAPHY
AACHENER STR. 130
- You can also send a clear statement by email to firstname.lastname@example.org.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal
before the expiry of the withdrawal period. .
Consequences of revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including
the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a
different type of delivery than the cheapest standard delivery offered by us), without undue delay
and at the latest within fourteen days from the day on which the notification of your
revocation of this contract has been received by us. For this repayment, we use the same means of payment,
which you used in the original transaction, unless otherwise expressly
agreed with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided
proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you
notify us of the cancellation of this contract. The deadline is
preserved if you send the goods before the expiry of the period of fourteen days.
You bear the direct cost of returning the goods.
End of the cancellation policy .
- Cancellation form:
Sample cancellation form
(If you want to cancel the contract, then please fill out this form and send it back.)
Katja Inderka Photography
Aachener Str. 130
D - 50674 Cologne
Hereby I / we revoke the contract concluded by me / us on the purchase
of the following goods:
Ordered on: /received on:
Name of the consumer (s):
Address of the consumer (s):
Signature of consumer(s)
- Exclusion of the right of withdrawal:
It is pointed out that a right of withdrawal of the consumer under § 312g paragraph 2 No. 1 BGB
does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of an
individual selection or determination by the consumer is relevant or which are clearly tailored to the
personal needs of the consumer.
Insofar as KATJA INDERKA PHOTOGRAPHY
in the creation of the ordered article brought in photographs of the
orderer on order or in any other way a special design is commissioned, which is not offered in the
online store of KATJA INDERKA PHOTOGRAPHY as standard, so there is no right of withdrawal for the customer
in this regard.
The place of performance and jurisdiction for merchants, legal entities under public law or public
law special funds is Cologne. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
For consumers, Cologne shall be agreed as the place of jurisdiction only in the event that the customer relocates
his place of residence or habitual abode abroad or outside the scope
of the Code of Civil Procedure after conclusion of the contract or his place of residence or habitual abode is unknown at the time of
KATJA INDERKA PHOTOGRAPHY
AACHENER STR. 130