Terms and Conditions

Scope

1. These Terms and Conditions (hereinafter referred to as “T&Cs”) apply to all goods and services offered by me, Sabrina Einig Fotografie, Wiggermannstraße 8, 46236 Bottrop, Germany (hereinafter referred to as “Provider”), through our website http://www.sabrinaeinig-photography.com and govern the contracts concluded between the Provider and the customer.

2. These T&Cs apply to both consumers as defined by § 13 of the German Civil Code (BGB) and entrepreneurs as defined by § 14 BGB, unless otherwise specified in individual provisions.

3. The legal relationship between the Provider and the customer is governed exclusively by these T&Cs. Any conflicting terms or conditions proposed by the customer are hereby expressly rejected. Such terms and conditions will not apply even if the Provider does not explicitly object to them in each individual case.

4. These T&Cs can be viewed at any time on the Provider's website or requested from the Provider.

Conclusion of Contract

1. The products and services presented on the Provider's website do not constitute binding offers for the conclusion of a contract but rather invitations for the customer to submit a binding offer.

2. A binding offer is submitted by the customer when they complete the ordering process by selecting the desired products, entering their personal data, choosing the payment method, and clicking the "Order with obligation to pay" button.

3. A contract is concluded when the Provider accepts the customer’s offer through an order confirmation. The Provider may accept the offer within a period of 48 hours, during which the customer is bound by their offer. An automated order confirmation sent by the Provider upon receipt of the order does not constitute acceptance but merely documents the receipt of the order.

4. After the conclusion of the contract, the contract text is stored by the Provider. The details of the order will be sent to the customer in the order confirmation via email.

Prices and Payment Terms

1. The prices displayed in the shop do not include VAT due to the small business status under § 19 UStG, and VAT is therefore not shown.

2. Customers may only pay via prepayment or PayPal. The invoice amount must be transferred in advance to the account specified in the invoice, which is sent via email with the order confirmation.

3. Other payment methods are not accepted and will be rejected.

4. The statutory provisions regarding the consequences of default in payment apply.

5. Customers are only entitled to offset claims if their counterclaims are legally established, undisputed, acknowledged by the Provider, or directly related to the Provider's primary claim. If the customer is an entrepreneur, they may only exercise a right of retention if their counterclaim arises from the same contractual relationship.

Reproduction, Duplication, and Copyright

Sabrina Einig Fotografie holds the exclusive copyright to all products. The right of reproduction remains exclusively with the Provider. Products of any kind are intended solely for the personal use of the purchaser. However, they may be transferred or shared privately with acquaintances or family members if the original purchaser no longer has a use for the received product.

Delivery Conditions, Performance Deadlines, and Default of Acceptance

1. The delivery of goods is carried out via shipping to the delivery address specified by the customer unless otherwise agreed.

2. Goods are typically dispatched within 72 hours of receipt of payment.

3. If delivery deadlines are specified or form the basis of the contract, such deadlines will be extended in cases of strikes or force majeure for the duration of the delay. The same applies if the customer fails to fulfill any required cooperation obligations. The Provider ships the order from its warehouse as soon as the entire order is available. If the Provider cannot fulfill the delivery due to a permanent delivery obstacle, such as force majeure or non-delivery by its suppliers despite a timely covering transaction, the Provider is entitled to withdraw from the contract. The customer will be informed immediately, and any received payments will be refunded.

Retention of Title and Other Reservations

1. For contracts with consumers, the Provider retains ownership of the purchased goods until full payment of the purchase price.

2. If the customer is an entrepreneur, ownership of the goods is retained until all claims against the customer are fulfilled, even if the specific goods have already been paid for.

Right of Withdrawal

The separate cancellation policy for consumers explicitly applies.

Product Condition, Warranty, and Limitation Period

1. The Provider is liable for defects in accordance with statutory provisions unless otherwise specified.

2. If the customer is an entrepreneur, warranty claims can only be made if the customer fulfills their inspection and notification obligations under § 377 HGB.

3. The limitation period for claims for defects is two years for new goods and one year for used goods, starting from the date of delivery. This does not apply to claims for damages due to defects.

4. The Provider does not provide guarantees in the legal sense unless explicitly stated.

Vouchers

1. Purchased vouchers are valid for three years.

2. Cash redemption of vouchers is excluded.

3. Vouchers may be transferred to other persons after consultation with the Provider.

4. Vouchers are issued as value vouchers equivalent to the selected shooting package. Custom value vouchers can be requested individually.

Liability Disclaimer

1. The Provider’s liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injuries to life, body, or health, or to essential contractual obligations that must necessarily be fulfilled to achieve the contract's purpose, nor to compensation for damages caused by default (§ 286 BGB). In such cases, the Provider is liable for all levels of negligence.

2. If the Provider's liability for damages is excluded or limited, this also applies to the personal liability of the Provider’s employees, representatives, and agents.

Final Provisions

1. This contract is governed by the laws of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations in the customer’s home country provide for more favorable terms (Art. 6 Regulation [EC] 593/2008).

2. Statutory provisions regarding jurisdiction remain unaffected unless otherwise specified in paragraph (3).

3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider's registered office. However, the Provider is entitled to sue the customer at their residence. If the contract is with a consumer who moves their residence or habitual place of residence outside Germany after conclusion of the contract, or if their residence or habitual place of residence is unknown at the time of filing the lawsuit, the Provider's registered office is the place of jurisdiction.