GTC
General Terms and Conditions of Sale
Scope
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, insofar as the goods ordered by them can be attributed neither to their commercial nor their
independent professional activity.
Prices and shipping costs
The prices quoted are final prices exl. Value added tax § 19 Abs. 1 UStG. The amount shown at
at the time of the binding order applies. In addition, there are shipping costs that depend on the
shipping method and the size and weight of the item(s) you have ordered. You shall bear the regular
costs of the return shipment incurred in the event that you return the goods by exercising your
right of revocation[revocation instruction].
Payment
Payment is made on delivery by
- Credit card
- Direct debit
- PayPal
Default of payment
If you are in default of payment, Jakob Sahner Astrophotography is entitled to demand interest on arrears in the amount of
5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the
order. If Jakob Sahner Astrophotography
has demonstrably incurred higher damages due to default, Jakob Sahner Astrophotography
is entitled to claim these.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his
counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is 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 attack) makes the delivery or
any other service permanently impossible, Jakob Sahner
Astrophotography's obligation to perform is excluded. Jakob Sahner
Astrophotography shall immediately reimburse any amounts already paid.
(3) Jakob Sahner Astrophotography may also refuse performance if this requires an
effort which, taking into account the content of the purchase contract and the principles of good faith and fair dealing, would be unreasonable.
faith is grossly disproportionate to the customer's interest in the fulfillment of the
purchase contract. Jakob Sahner Astrophotography
will immediately refund any amounts already paid.
(4) Bulky goods (parcels with a volume greater than 1 square meter) are usually delivered by a forwarding agent
. Jakob Sahner Astrophotography expressly points out that these goods will not be carried to
.
Favorable 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 being opened for functional testing.
(2) Please use the fully stamped
and addressed return label enclosed with the goods delivery. This is the simplest and most cost-effective
shipping option. You are under no obligation to use this return procedure. However, if
you choose an unnecessarily expensive shipping method, you may be obliged to pay
us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods shall remain the property of Jakob Sahner Astrophotography until all claims against the customer arising from the
purchase contract have been settled in full. 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
.
Warranty rights
(1) Jakob Sahner
Astrophotography shall, at the customer's discretion, replace a product that is already defective on delivery (warranty case) with a
defect-free product or have it professionally repaired (subsequent performance) at the expense of Jakob Sahner Astrophotography. The customer is advised
that there is no warranty case if the product does not meet the following requirements at the time of transfer of risk
agreed quality. A warranty case does not exist in particular in the following cases
:
a) in the event of damage caused by misuse or improper use by the customer
,
b) in the event of damage caused by the products being exposed to harmful
external influences (in particular extreme temperatures,
humidity, exceptional physical or electrical stress,
voltage fluctuations, lightning, static electricity, fire).
(2) Jakob Sahner Astrophotography also accepts no liability for a fault caused by
improper repair 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 is grossly disproportionate to the
customer's interest in performance in view of the product price, taking into account the content of the contract and the
requirements of good faith - in particular the value of the object of purchase in defect-free condition, the
significance of the defect and the question of whether the other type of
subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account -
the customer's claim shall be limited to the other type of subsequent performance. The right of Jakob
Sahner Astrophotography to also refuse this other type of supplementary performance under the aforementioned
condition remains unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer
is obliged to send the product to the return address specified by Jakob Sahner Astrophotography at the latter's expense, stating the
order number. Before sending
, the customer must remove any objects inserted by him from the product. Jakob Sahner
Astrophotography is not obliged to inspect the product for the installation 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 this 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). The customer must also, before purchasing a product
for repair or replacement, to make separate backup copies of the system software, applications and all data on
the product on a separate
data carrier and to deactivate all passwords. Liability for loss of data is not accepted by
. It is also the responsibility of the customer, after the repaired product or the
replacement product has been returned to him, to install the software and data and to 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 subject to the following conditions: 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 him. The customer must pay compensation for any
loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods not caused by the defect
in the period between delivery of the goods and
return of the goods. 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 shall also not apply to the return of a defective product in the
warranty case,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or
redesign,
b) if Jakob Sahner Astrophotography is responsible for the deterioration or destruction
or if the damage would also have occurred at Jakob Sahner Astrophotography,
c) if the deterioration or destruction occurred at the customer's premises although the customer
exercised the care that he would normally exercise in his 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 has not led to a
contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a guarantee granted by the manufacturer
which are governed by the relevant guarantee conditions.
(9) The statutory warranty of Jakob Sahner Astrophotography ends two years after
delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, Jakob Sahner Astrophotography shall only be liable in the event of a breach
of material contractual obligations and limited to the foreseeable damage. This limitation
does not apply to injury to life, body and health. Jakob Sahner Astrophotography
is not liable for other damages caused by slight negligence by
a defect in the object of purchase.
(2) Irrespective of any fault on the part of Jakob Sahner Astrophotography, the liability of
Jakob Sahner Astrophotography in the event of fraudulent concealment of the defect or from the assumption
of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute
assumption of a guarantee 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 also have occurred 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 law of the Federal Republic of Germany with the express exclusion of the UN-
sales law. The mandatory provisions of the country in which you have your
habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your statements when ordering, you do not have a place of residence 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 not known at the time the action is filed, 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 store].
Dispute resolution
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO 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 obliged to participate in a
dispute resolution procedure before a consumer arbitration board and are not prepared to do so
.
Final provisions
(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, provided that a
contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.