Terms and Conditions
Terms and Conditions
Our General Terms and Conditions of Sale ( Version 2.02 EN )
Please read through the following General Terms and Conditions of Sale ("Terms") carefully. They comprise the terms on which you ("customer", also referred to as "consumer") are permitted to purchase items from PhotoProShop ("us", also referred to here as "we") on our website (the "website", also referred to as "Online Shop").
These terms are applicable to all declarations of intent, contracts, agreements and any other type of legal acts between PhotoProShop and you, the customer.
No document issued by you attempting to negate or otherwise modify the terms hereof, including any purchase order or request for proposal, shall be binding upon PhotoProShop and instead the foregoing terms and conditions, including any special terms and conditions set forth separately by written agreement shall exclusively govern the sale of products and provision of services to you by PhotoProShop.
If you submit an order for any item advertised for sale on this website, this shall be taken to constitute acceptance by you of these terms.
2. Formation of contract of sale
Any information provided by us at our website or in printed form shall not constitute a binding offer. If you wish to purchase any of the items for sale on this website, you must submit a completed order form.
Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email by sending you an email (the "confirmation") and will supply the items you have ordered (the "product") to you in accordance with the confirmation and with these terms.
The sale and purchase of products via this website will be governed by a contract between you and us formed when you have placed an order, where we have accepted your order and when we have sent you confirmation of this (the "contract"). The terms of the contract will comprise these terms, as amended or updated by us from time to time, and the prices and other relevant information about the products published by us on this website at the time the contract is formed.
Unless otherwise agreed, PhotoProShop shall ship orders placed within North America, South- and Latin America and Oceania directly to the delivery address designated by you through our warehouse in New Orleans, USA.
Unless otherwise agreed, PhotoProShop shall ship orders placed within other countries than those stated above from the Federal Republic of Germany ("FRG") directly to the delivery address designated by you.
Should you order several products, and where one or more products are not immediately available and thus cannot be shipped together, we may deliver these articles to you in separate shipment according to availability. For such part-shipments, you will be charged the shipment costs once only.
If the products delivered to you do not include all of the products that you ordered in any particular order or include incorrect products, you must inform us in writing within ten working days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the products not delivered or the cost of replacing such products.
If the customer entered a wrong or incomplete shipping address and the carrier is forced to change the given address there will be a 5 € service fee.
Any packaging used in shipments within the FRG, not being licensed by the Duale System Deutschland GmbH, may be returned with postage unpaid to our address (see below).
4. Delivery time
Unless otherwise noted in writing, we will deliver ordered goods without delay. However, the delivery should be made no later than 30 days after cleared payment or after closed contract of sales.
If the delivery time should be exceeded, you, the customer, shall grant us a reasonable additional time frame for delivery.
5. Undeliverable product
If a product ordered by you should be undeliverable by our supplier, or if it is temporarily unavailable at our supplier, we will inform you about this without delay. Thereafter you will be periodically informed about the products delivery status. Until the originating supplier has delivered, we will be released from all obligations to deliver the ordered product.
In case you, the customer, withdraw from the contract and have already paid the price of the product, the price will be refunded without delay. Any claims of damage are excluded.
The price of each product shall be the recommended retail price for that product (disregarding any special offers, promotions or other discounts) that is listed on this website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us. The price of any product excludes the cost of postage, packaging and delivery.
The costs of postage and packaging will be specified on this website and are your responsibility.
We reserve the right to revise the price of any items on this website without notice.
For shipments outside of the European Union, e.g for orders within the United States of America, we are not charging any VAT
Our prices are shown with and without Value Added Tax (19%). Orders within the European Union include the 19% VAT
If you have a European VAT ID, you can include it in the comment field when placing the order. We will then deduct the VAT from your order.
In case of very long delivery times, in excess of three months after closed sales contract, we reserve us the right to modify the price of the ordered product should the supplier have adjusted it.
7. Additional costs
In case the product is sent to a destination address outside of the USA and outside of the European Union, additional charges and custom duties may be incurred which you must pay additionally. National custom and import duties may be raised which you must pay at local authorities.
In the event that products not listed in our online product catalogue are requested by you, we may raise a surcharge per transaction.
You may pay for the ordered product via credit card. The credit cards and debit cards that we accept are those listed on this website on the date on which we accept your order. We can also prepayments through bank transfers. This takes longer than online via credit card.
9. Your right to return a product
If you, the customer, are unhappy with any product you have purchased from us through our online shop, for personal use and not for resale, you may return it to us in its original condition within two weeks by giving us a written notice of withdrawal by email or fax.
You will be responsible for and will pay the cost of returning the products to us. The product will be returned at your risk.
If the reason for the return is the result of our error, or if the item was damaged before it reached you, we will refund you the postage costs.
This right to return a product is not applicable to sealed software products, CD's, DVD's or any other unsealed data carriers.
For returning a product, you shall use a safe package, if possible the original transport packaging.
To return an item, you can get in contact with us online right here to receive a return address and to confirm the return procedure.
For returning items within the European Union, the address is: PhotoProShop
Hinter Gärten 2
For returning the shipment, you should use the most favourable method, e.g. standard postal parcel.
If, for some reason the product can no longer be returned via standard postal parcel, you should get in touch with us either online right here or via fax: +49-7704-9239-566 and request that an arrangement is made.
Should you decide that you want to return a product you have bought in our Online Shop, you must send us a fax to +49-7704-9239-566 or Contact us online right here including the full product name, the invoice or delivery number and your customer number within the mentioned period above.
If a used or defect product is returned to us, we reserve us the right to demand compensation for loss of value and for time of use of product.
10. Risk and ownership
Risk of damage or loss of the product shall pass to you on delivery or, if you fail to take delivery of the products, at the time when we have tried to deliver the products.
Until complete payment of the purchase price of the product by you, the customer, the delivered product is the sole property of PhotoProShop.
Upon complete payment, title in the product shall pass to you on delivery or, if you fail to take delivery of the product, at the time when we tried to deliver the product to you.
You are obliged to inspect the product directly upon receipt and to notify us immediately of any obvious defects, at the latest two weeks after reception. Any defects must be reported to us online right here or by fax to +49-7704-9239-566 within good time. If notice is not given in due time, the product in question will be deemed as accepted with regard to any defects and claims based on warranty are excluded.
In case a product is defective, you should allow us a reasonable period of additional time to either repair or replace the ordered product.
Some manufacturers grant guarantees on their products extending the warranty rights. Make sure you read those guarantees provisioned by the manufacturer since his terms and conditions are applicable.
We will not be liable for any of the following losses which may arise by reason of any breach of a contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law: - Any loss of anticipated profits or expected future business - Damage to reputation or goodwill - Any damages costs or expenses payable by you to any third party - Loss of any order or contract or - Any indirect or consequential loss of any kind.
14. Data privacy
We exclusively collect the data provided by you for processing your orders and for the benefit of other contractual related relations with you. No data is provided to third parties.
15. Applicable law and place of litigation
The laws of the Federal Republic of Germany apply. If both parties are registered traders, legal entities under public law, or special public assets, it is agreed that Donaueschingen is the place of litigation.
No uniform laws governing the international sales of movable property or the conclusion of international sales contracts for movable property, both dated July 17th 1973, or the UN agreement on the sales of goods dated April 11th 1980, CISG shall apply. Application of the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts on the International Sale of Goods both dated July 17th 1973, shall be excluded.
16. Final provisions
Any agreements shall be made in writing
Should individual provisions of these general terms and conditions of business be partially or completely ineffective, the remaining provisions shall remain effective.
Hinter Gärten 2
D-78187 Geisingen (Germany)