terms and conditions

General Terms and Conditions of Sale
Scope of Application
These terms and conditions apply to all purchases made by private customers from Jakob Sahner Astrophotography [Imprint].
Private customers in this sense are persons with a residence and delivery address in the Federal Republic of
Germany, provided that the goods they order cannot be attributed to their commercial or
self-employed professional activity.

Prices and shipping costs
The prices quoted are final prices excluding sales tax § 19 (1) UStG. The amount stated at the time of the binding order
applies. Shipping costs will be added, which depend on the
shipping method and the size and weight of the goods you have ordered. You shall bear the regular
costs of returning the goods in the event that you exercise your
right of withdrawal [cancellation policy].

Payment
Payment is made upon delivery via
– Credit card
– Direct debit
– PayPal

late payment

If you are in default of payment, Jakob Sahner Astrophotography is entitled to charge default interest at a rate of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank at the time of the order
. If Jakob Sahner Astrophotography
can prove that it has incurred higher damages due to the default, Jakob Sahner Astrophotography
is entitled to claim these.

Right of retention
The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

Delivery
(1) Delivery will be made to the delivery address specified by the customer, within
– Germany
– Europe
– Other parts of the world

(2) If force majeure (natural disasters, war, civil war, terrorist attacks) makes delivery or
any other service permanently impossible, Jakob Sahner
Astrophotography shall be exempt from any obligation to perform. Any amounts already paid shall be refunded immediately by Jakob Sahner
Astrophotography.
(3) Jakob Sahner Astrophotography may also refuse to perform the service if it requires an effort
that is unreasonable in view of the content of the purchase contract and the principles of good faith and fair dealing.

Believes that there is a gross disproportion between the customer's interest in the fulfillment of the
purchase contract. Amounts already paid will be refunded immediately by Jakob Sahner Astrophotography
.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a shipping company
. Jakob Sahner Astrophotography expressly points out that these goods will not be carried into the
house. 

Cheap shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by opening it to test the functionality.
(2) Please use the prepaid return label enclosed with the delivery of goods to return the goods.
This is the simplest and most cost-effective
shipping option. You are not obligated to use this return procedure. However, if
you choose an unnecessarily expensive shipping method, you may be required to pay us
the difference between that cost and a cheaper shipping method.

Retention of title
Until all claims against the customer arising from the
purchase contract have been settled in full, the delivered goods remain 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 third parties any use of the goods
.

Rights in respect of defects
(1) A product that is already defective upon delivery (warranty claim) will be replaced by Jakob Sahner
Astrophotography with a defect-free product or professionally repaired (subsequent performance) at the customer's discretion and at the expense of Jakob Sahner Astrophotography. The customer is advised
that no warranty claim exists if the product is defective at the time of transfer of risk.

agreed quality. In particular, a warranty claim does not exist in the following cases:

a) damage caused by misuse or improper use by the customer
,
b) damage caused by the customer exposing the products to harmful external influences (in particular extreme temperatures,
humidity, unusual physical or electrical stress,
voltage fluctuations, lightning strikes, static electricity, fire).
(2) Jakob Sahner Astrophotography also does not provide any warranty for faults caused by
improper repairs carried out by a service partner not authorized by the manufacturer
.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair)
requires an effort that, in view of the product price, taking into account the content of the contract and the
requirements of good faith, is grossly disproportionate to the customer's interest in performance
– whereby, in particular, the value of the purchased item in a defect-free condition, the
significance of the defect and the question of whether the other type of
subsequent performance can be used without significant disadvantages for the customer –
the customer's claim is limited to the other type of subsequent performance. The right of Jakob
Sahner Astrophotography to refuse this other type of subsequent performance under the aforementioned
condition remains unaffected.
(4) In the event of both repair and replacement delivery, the customer
is obliged to send the product at the expense of Jakob Sahner Astrophotography to the return address specified by Jakob Sahner Astrophotography, quoting the
order number. Before sending the product
, the customer must remove any items they have inserted into the product. Jakob Sahner
Astrophotography is not obliged to examine the product for the installation of such items
. Jakob Sahner Astrophotography is not liable for the loss of such items, unless it was readily apparent to Jakob Sahner Astrophotography upon return of the product that such an item had been inserted into the product (in this case, Jakob Sahner Astrophotography will inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs incurred in this process). Before purchasing a product, the customer must also

for repair or replacement, to make separate backup copies of the system software, applications, and all data on the product located at
on a separate
data carrier and to deactivate all passwords.
. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired product or replacement product has been returned to them. 
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product to
shall be governed by the following provision: 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 use made by him. The customer shall pay compensation for any loss or further deterioration of the goods not caused by the defect
, as well as for the impossibility of returning the goods in the period between delivery of the goods and
return of the goods not caused by the defect
. The customer shall not be required to pay compensation for any deterioration of the goods caused by the intended use of the goods

. The obligation to pay compensation for loss of value does not apply to the return of a defective product in the event of a warranty claim
, nor does it apply
a) if the defect justifying withdrawal only became apparent during processing or
redesign,
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 premises, even though the customer
exercised the same care that it would normally exercise in its own affairs.
(6) The customer's liability for damages in the event of a breach of the
obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if
the repair or replacement delivery within a reasonable period of time has not resulted in
the product being in a condition that complies with the contract.
(8) In addition, claims may also exist against the manufacturer within the scope of a warranty granted by the latter
, which is governed by the relevant warranty conditions. 

(9) The statutory warranty provided by Jakob Sahner Astrophotography expires two years after delivery of the goods. The period begins upon receipt of the goods.

Liability
(1) In cases of slight negligence, Jakob Sahner Astrophotography shall only be liable for breaches of
essential contractual obligations and limited to foreseeable damage. This limitation
shall not apply in cases of injury to life, limb, or health. Jakob Sahner Astrophotography
shall not be liable for other damage caused by slight negligence on the part of
resulting in a defect in the purchased item.
(2) Regardless of any fault on the part of Jakob Sahner Astrophotography,
Jakob Sahner Astrophotography's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee
. The manufacturer's warranty is a guarantee provided by the manufacturer and does not constitute
the assumption of a guarantee by Jakob Sahner Astrophotography.
(3) Jakob Sahner Astrophotography is also responsible for the accidental impossibility of delivery during its delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents, and employees of Jakob Sahner Astrophotography for damage caused by them through slight negligence is excluded.

Applicable law
The contract concluded between you and Jakob Sahner Astrophotography is subject exclusively to the laws of the Federal Republic of Germany, with the express exclusion of the UN
Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the country in which you have your
habitual residence.

jurisdiction

If, contrary to the information you provided when placing your order, you are not resident in the Federal Republic of Germany (
) or if you move your place of residence abroad after conclusion of the contract or if your place of residence is unknown 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
[registered office of the operator of the online shop].

Dispute resolution
General information requirements regarding alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and §
36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which can be found at
under this address: http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board
and are also not willing to do so
.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially invalid or void
, this shall not affect the validity of the rest of the contract, insofar as a
contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.