Terms and Conditions

The following Terms and Conditions are written in English and can be viewed or stored by the customer. They can also be requested from https://kirahagen.fotograf.de in digital or print form. Dated: March 2014

1. Validity

All deliveries, services and offers by [Company name or name of the trader] address: [Your address] (hereinafter contractor) are subject to these Terms and Conditions. Conditions of the buyer that are not expressly approved in writing are not binding.

2. Offers

Offers are non-binding and without obligation. Information in advertising texts are, unless otherwise agreed, not to be interpreted as warranted properties or guarantees. The site https://kirahagen.fotograf.de is not an offer. The customer will receive a confirmation of receipt upon ordering. A contract is only concluded by the dispatch of the goods or by an order confirmation.

3. Cancellation policy

You can revoke your contractual statement in writing within 14 days without stating reasons (eg by letter, fax, email) or if you received the goods before the lapse of the said time limit, by sending them back. The time limit begins after receipt of this notice in text form, however not before the goods have reached the recipient (in case of recurring deliveries of similar products, not before receipt of the first part of the delivery) and also not before the fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 par. 1 and 2 of the Introductory Statute to the German Civil Code, as well as our obligations under Article 312e paragraph 1 sentence 1 of the German Civil Code in conjunction with Article 246.3 of the Introductory Statute to the German Civil Code. The revocation period will be deemed not to have been exceeded if the revocation or goods are mailed in good time. In order to not exceed the revocation period, the timely mailing of the revocation or the goods is sufficient. The revocation must be sent to:

Kira Hagen
Dülkenstraße 12
51143 Köln
Email: kira@kirahagen.com 

Consequences of revocation 
In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your own risk. You will have to bear the costs for returning the products in the following cases: if the delivered goods were the ones you ordered but do not exceed a value of 40 EUR; if the value of the delivered goods exceeds 40 EUR, and you have not yet paid at the time of cancelling; if the value of the delivered goods exceeds 40 EUR, and you have only partially paid (as agreed in the contract), at the time of revocation. In any other case, the return is free of charge. Non-transportable goods will be collected from you. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your revocation or the goods, and for us upon the receipt thereof.

End of cancellation policy

Note: The right does not apply if you have acted in the practice of your commercial or independent professional activity (orders by entrepreneurs). The cancellation policy is not valid in accordance with § 312 BGB for goods that are produced according to customer specifications or clearly tailored to personal needs.

4. Agreement for the coverage of costs in the case of a cancellation

When exercising your right to revoke, you will have to bear the costs for returning the products in the following cases as stated in the cancellation policy:

• If the delivered goods were the ones you ordered but do not exceed a value of 40 EUR.
• If the value of the delivered goods exceeds 40 EUR, and you have not yet paid at the time of revocation
• If the value of the delivered goods exceeds 40 EUR, and you have only partially paid (as agreed in the contract), at the time of revocation

In any other case, the return is free of charge.

5. Delivery

The delivery time is two weeks from payment of the advance, unless specified differently in the product description.

6. Reservation of proprietary rights

The goods remain the property of the contractor until the full payment has been made.

7. Prices, shipping and payment

Bills are, unless otherwise agreed, to be paid within ten days from the invoice date without deduction. In the event of late payment, interest at the rate of 8% above the base rate will be charged. If a private customer is the buyer, the charge is reduced to 5% above the base rate. Further claims are reserved.

The shipping costs are specified on the online shop.

The buyer shall only be entitled to a set-off if his/her counter-claims have been legally established, undisputed or acknowledged by the contractor.

9. Rights under the Copyright Act

Photographs are subject to protection under copyright law. Unless expressly agreed otherwise the following applied: The buyer receives only one paper copy of the purchased photos. He/she is - notwithstanding the limits define by the Copyright Act - not permitted to copy, spread, provide public access to, edit or exploit the photo in any material/physical or immaterial/non-physical or any other way. When acquiring digital image files, it is permitted to duplicate these for your own personal use. Other uses require the separate purchase of rights of use.

10. Defects and Warranty

For justified complaints - in the case of non-consumers it will be the choice of the contractor - repair or replacement will be carried out. If the repair or replacement fails twice after a reasonable period of time, the buyer can withdraw from the contract or demand a reduction.

11. General Limitation of Liability

Damages arising from the breach of contractual obligations are excluded, unless there is intent or gross negligence or breach of a contractual obligation or harm to the body or health of a person. The same applies as far as there is a demanding for compensation for indirect or consequential damages. Any liability is in these cases limited to the typical damage foreseeable in contract conclusion and for other such cases. Liability under the ProdHG remains unaffected.

12. Place of Performance, Place of Jurisdiction, Applicable Law

The place of performance and jurisdiction is, as long as the contractor is a merchant or a legal person governed by public law, Germany. The contract is subject to German law to the exclusion of the UN sales law.

13. Severability

Should a clause of these conditions be invalid, the validity of the remaining terms shall remain unaffected.