General Terms and Conditions of Sale
These terms and conditions apply to all purchases from Jakob Sahner Astrophotography[Imprint] made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of
Germany, as far as the goods ordered by them can be attributed neither to their commercial nor to their
independent professional activity.
Prices and shipping costs
The prices are final prices exl. Value added tax § 19 Abs. 1 UStG. It applies the amount that is shown at the
time of the binding order. In addition, there are shipping costs, which depend on the
shipping method and the size and weight of the product(s) ordered by you. The regular
costs of return, which arise in the case of a return of the goods by you in exercise of your
right of withdrawal[Widerrufsbelehrung], they bear.
Payment is made upon delivery by means of
- credit card
- direct debit
Default of payment
If you are in default of payment, Jakob Sahner Astrophotography is entitled to charge default interest in
amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the
order. In case Jakob Sahner Astrophotography
has demonstrably incurred a higher damage caused by delay, Jakob Sahner Astrophotography
is entitled to claim this damage.
Right of retention
The customer is only authorized to exercise a right of retention insofar as its
counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer, within
- Other Parts of the World
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or
any other service permanently impossible, Jakob Sahner
Astrophotography is not obliged to perform. Already paid amounts will be refunded by Jakob Sahner
Astrophotography without delay.
(3) Jakob Sahner Astrophotography is furthermore entitled to refuse the performance, as far as this requires an
effort, which would be unreasonable under consideration of the content of the contract of sale and the requirements of good faith and
belief is grossly disproportionate to the customer's interest in the fulfillment of the
purchase contract. Already paid amounts will be refunded immediately by Jakob Sahner Astrophotography
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by forwarding agency
. Jakob Sahner Astrophotography explicitly points out that these goods will not be carried to the
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original
packaging if possible, even if it is damaged due to an opening for functional testing.
(2) Please use the fully stamped
and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective
shipping option. You are under no obligation to use this return method. However, if
you choose an unnecessarily expensive shipping method, you may be required to pay
the increased cost to us compared to a less expensive shipping method.
Retention of title
Until the complete settlement of all claims existing against the customer from the
sales contract, the delivered goods remain in the property of Jakob Sahner Astrophotography. As long as
this retention of title exists, the customer may neither resell the goods nor dispose of the
goods; in particular, the customer may not contractually grant any use of the goods
to third parties.
(1) Jakob Sahner
Astrophotography will, at the customer's option and at Jakob Sahner Astrophotography's expense, either replace a defective product (warranty case) with a defect-free product (
) or have it professionally repaired (supplementary performance). The customer is pointed out to
that there is no case of warranty, if the product at the time of passing of risk does not meet the
agreed quality had. A warranty case is not present in particular in the following cases
a) with damage, which developed with the customer by abuse or inappropriate use
b) with damage, which developed by the fact that the products were exposed with the customer to harmful
external influences (in particular extreme temperatures,
humidity, unusual physical or electrical load,
voltage fluctuations, lightning, static electricity, fire).
(2) Jakob Sahner Astrophotography furthermore does not warrant for a defect caused by
improper repair by a service partner not authorized by the manufacturer
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair)
requires an effort which is grossly disproportionate to the performance interest of the
customer in consideration of the product price, taking into account the content of the contract and the
precepts of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the
importance of the defect and the question of whether the other type of
subsequent performance can be resorted to without significant disadvantages for the customer -
the customer's claim is limited to the respective other type of subsequent performance. The right of Jakob
Sahner Astrophotography to refuse also this other kind of the subsequent performance under the aforementioned
condition remains untouched.
(4) For the case of repair as well as for the case of replacement the customer
is obliged to send the product at the expense of Jakob Sahner Astrophotography under indication of the
order number to the return address indicated by it. Before sending
the customer has to remove any objects inserted by him from the product. Jakob Sahner
Astrophotography is not obliged to inspect the product for the insertion of such items
. Jakob Sahner Astrophotography shall not be liable for the loss of such items, unless
it was readily apparent to Jakob Sahner Astrophotography at the time the product was taken back
that such an item had been inserted into the product (in which case
Jakob Sahner Astrophotography shall inform the customer and hold the item ready for the customer to collect
; the customer shall bear the costs incurred in doing so). The customer has furthermore, before he has
for repair or replacement, to make separate backup copies of the system software, the applications and all data located on
the product on a separate
data carrier, if necessary, and to deactivate all passwords. Liability for loss of data is not assumed
. Likewise, after the repaired product or the
replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords to
(5) If the customer sends in the goods in order to receive a replacement product, the
return of the defective product shall be governed by the following provisions: If the customer was able to use the goods
in a defect-free condition between delivery and return, the customer shall reimburse the value
of the benefits derived by the customer. For a not by the lack occurred
loss or the further degradation of the commodity as well as for the impossibility of the publication of the commodity in the period between supply of the commodity and
return of the commodity, which did not occur by the lack
, the customer has to carry out indemnification according to value. The customer does not have to pay compensation for the
deterioration of the goods caused by the intended use of the goods to
. The obligation to pay compensation for the value is not applicable for the return of a defective product in the
warranty case furthermore,
a) if the defect justifying the withdrawal has only become apparent during processing or
b) if Jakob Sahner Astrophotography is responsible for the deterioration or loss
or if the damage would also have occurred at Jakob Sahner Astrophotography,
c) if the deterioration or loss occurred at the customer's site, although he
has taken the care he is used to take in his own affairs.
(6) The customer's liability for damages in the event of a breach of the
obligation to return the product for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if
repair or replacement delivery within a reasonable period of time has not resulted in a
condition of the product in accordance with the contract.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by
, which are governed by the relevant warranty conditions.
(9) The legal warranty of Jakob Sahner Astrophotography ends two years from
delivery of the goods. The period begins with the receipt of the goods.
(1) In case of slight negligence Jakob Sahner Astrophotography is only liable for the violation of
essential contractual obligations and limited to the foreseeable damage. This limitation
does not apply in case of injury of life, body and health. Jakob Sahner Astrophotography
is not liable for other damages caused by
(2) Independently from a fault of Jakob Sahner Astrophotography, a liability of
Jakob Sahner Astrophotography in case of fraudulent concealment of the defect or from the assumption
of a warranty remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not represent
an assumption of a warranty by Jakob Sahner Astrophotography.
(3) Jakob Sahner Astrophotography is also responsible for the
impossibility of delivery occurring by chance during its delay, unless the damage would have occurred also in case of timely
(4) Excluded is the personal liability of the legal representatives, vicarious agents and
employees of Jakob Sahner Astrophotography for damages caused by them by slight negligence
The contract concluded between you and Jakob Sahner Astrophotography is subject
exclusively to the law of the Federal Republic of Germany under explicit exclusion of the UN-
sales law. This does not affect the mandatory provisions of the state in which you have your
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of
Germany, or if you move your place of residence abroad after concluding the contract, or if your
place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes
arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and §
36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which
you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obligated to participate in a
dispute resolution procedure before a consumer arbitration board and are also
not prepared to do so.
(1) Should individual provisions of this contract be or become invalid or void in whole or in part
, this shall not affect the validity of the remainder of the contract, insofar as a
contractual partner is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.