TERMS AND CONDITIONS

Terms and conditions

Status: 10.01.2025

These terms

(1) This website (the "site") and/or the services, including all associated mobile applications (together: the "services") and all offers and sales of products ("products") via the site, is owned and operated by Schuster und Wanner Naturfotografie GbR (hereinafter also: "we", "us" and "our"). These Terms and Conditions ("terms") set forth the terms and conditions under which visitors or users (collectively, "users" or "you") may visit the site and/or use the services and purchase products.

(2) By accessing or using the services, you accept the terms and conditions and agree to be bound by them. If you do not agree to all of the terms, you may not access the site or use the services. Please read these terms carefully before accessing our site or using the services or purchasing products. These terms tell you who we are, how we sell products to you, how you can cancel the purchase contract and what you can do if you have a problem.

(3) You affirm that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these terms and conditions and to use the services and purchase products. If you are a minor, you must have parental or legal guardian consent to use the services or purchase products.

Purchase of products

(1) The purchase of products or vouchers is subject to the conditions applicable at the time.

(2) If you purchase a product or voucher: (i) you are responsible for reading the item description in full before making a binding purchase; and (ii) the completion of an order on the site (by completing a payment transaction via the "Order with costs" button or similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these terms and conditions state otherwise.

(3) You can select products from our product selection or a voucher and add them to your cart by clicking on the corresponding button. Our product prices are listed on the site. We reserve the right to change our product prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. When paying, you will be shown an overview of all the products or the monetary value of the voucher that you have placed in your cart. The overview includes the main features of each product or voucher as well as the total price for all products or vouchers, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities as well as the value of the voucher and, if necessary, changing, removing or correcting them. You can also use the edit function to recognise and correct any input errors before placing your final binding order. All specified delivery times for products apply from receipt of your payment of the purchase price. In the case of vouchers, a specific dispatch date will be agreed in the document. When you click on the "Order with costs" button, you are placing a binding order to purchase the listed products at the specified price and at the specified shipping costs or to purchase a voucher in the amount you have selected and on the agreed shipping date. To complete the order process by clicking the "Order with costs" button, you must first recognise these terms and conditions as legally binding for your order by clicking the corresponding box.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the products or the purchase of a voucher is only concluded when we send you a declaration of acceptance by e-mail or send the products or the voucher to you on the agreed dispatch date. If a voucher is sent to the recipient not electronically but in physical form (by post), the risk of accidental destruction and the risk of loss of the voucher sent shall pass to the purchaser or recipient in accordance with § 447 of the German Civil Code (BGB) upon delivery to the person or organisation designated to carry out the shipment. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transaction or real-time transaction via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking on the "Order with costs" button.

(6) The purchase contract can be concluded in German. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.

(7) For vouchers, the regular limitation period of three years (§ 195 BGB) applies from the agreed delivery date of the voucher sent by post.

(8) Vouchers can be redeemed by the customer (recipient of the voucher sent by post) on the homepage page "Cart" (bottom left: enter voucher code) when completing the order of a product. Only one voucher code or voucher can be redeemed per order. The voucher can only be used for the purchase of products and not for the purchase of additional vouchers. A partial or full monetary payment of the amount of the voucher to the customer is excluded. If, after the purchase of a product, the value of the voucher exceeds the amount charged, the balance of the voucher will remain valid within the regular limitation period (see point (7) above) and may be redeemed with another product purchase. If a voucher code is lost, it cannot be replaced. Misuse or multiple redemption of a voucher will be prosecuted. This expressly includes any attempt at misuse or multiple redemption.

(9) A transfer of the voucher to another customer is possible (transfer), but the personal messages created when the voucher was purchased will not be adjusted.

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Cancellation policy & cancellation form

Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:

A. Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right of withdrawal, you must inform us (Schuster & Wanner Naturfotografie GbR, Johann-Schütz-Straße 31, 87435 Kempten (Germany), phone number: 0831 68754241; e-mail address: info@sw-naturfotografie.de) of your decision to cancel this contract by a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached standard cancellation form, which is, however, not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery charges (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received notification of your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You will bear the direct costs of returning the goods.

You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes as a result of handling the goods in a way that is not necessary to check their nature, characteristics and functioning.

Exclusion or premature expiry of the right of cancellation

Please note that the right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated (images in standard or customised versions) and for whose manufacturing an individual selection or stipulation by the consumer is decisive or which are clearly tailored to the personal requirements of the consumer. Since our pictures are tailored to your needs according to your specifications and manufactured separately, they are not stock items, which is why there is unfortunately no right of cancellation. However, if there are any material defects in the works, please contact us by e-mail or telephone (see contact addresses and warranty below).

- End of the cancellation policy –

B. Standard cancellation form

If you wish to cancel the contract, please complete this form and send it back to us.

Schuster & Wanner Naturfotografie GbR

E-mail address: info@sw-naturfotografie.de

I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*)/the provision of the following service (*)

_____________________________________________________________

Ordered on (*)/received on (*)

_____________________________________________________________

Name of the consumer(s)

_____________________________________________________________

Address of the consumer(s)

_____________________________________________________________

Signature of the consumer(s) (only in case of notification on paper)

_____________________________________________________________

Date

_____________________________________________________________

(*) Cross out where not applicable.

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Warranty for products

We are liable for material defects and/or defects of title in the products you purchase from us in accordance with the statutory warranty provisions under §§ 434 f of the German Civil Code (BGB).

Storage of online payment data

You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable sector standards, if applicable (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Member account

(1) To access and use certain sections and features of our site, you must first register and create an account ("member account"). You must provide correct and complete information when creating your member account.

(2) If someone other than yourself accesses your member account and/or your settings, they can perform all the actions available to you and, for example, make changes to your member account. We therefore strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been performed for you and on your behalf and you may be solely responsible for those activities that occur on your member account, whether or not expressly authorised by you, and for any damages, expenses and losses arising therefrom. You will be liable for activities related to your member account as described above if you have negligently enabled the use of your member account by failing to take reasonable care to protect your login details.

(3) You may create and access your member account through a designated website or through a third party platform such as Facebook (the "Social Network Account"). If you sign up through a third party platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.

(4) We may permanently or temporarily block or suspend your access to the member account, without liability to you, in order to protect us, our site and services or other users if, for example, you breach any provision of these terms or any applicable law or regulation in connection with your use of the site or your member account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your membership account by giving you two months' notice by e-mail if, for example, we discontinue our membership account programme. You may cease use and request cancellation of your member account at any time by contacting us.

Authorised use

(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.

(2) Except as expressly permitted by these terms, you may not: (i) use our services unlawfully or fraudulently (including in violation of the rights of third parties) or for purposes of collecting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our services; (iii) use our services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our services; (iv) use our services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our services to transmit data or upload data to our services that contains viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or any other site or content contained in our services, or use any network monitoring software to determine the structure of our services or extract any usage data from our services; (viii) engage in any behaviour that restricts or inhibits any other user from using our services; or (ix) use our services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is a suspected or actual violation of these terms.

Intellectual property rights

(1) Our services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (together: "our intellectual property rights") and nothing in these terms grants you any rights in relation to our intellectual property rights. Except as expressly set forth herein or as required by mandatory legal provisions for use of the services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.

(2) If the products include digital content, such as music or videos, you are granted the rights as set out in respect of such content on the site.

Disclaimer of warranty for the use of the site and services

The services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and without warranty of any kind, either express or implied (warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for products" section above remains unaffected.

Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) resulting from or relating to your use of the site and the services in violation of these terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Authorised use" section, unless such circumstances are not due to your fault.

Limitation of liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A "material contractual obligation" means an obligation the fulfilment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a warranty remains unaffected.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favour of our managing directors.

Change of conditions and services; cancellation

We reserve the right to change these terms from time to time, at our sole discretion, to take account of legislative amendments or additional features that we may introduce or as we otherwise develop our business. Therefore, you should review these terms periodically and in any event during the checkout process when you purchase products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the terms and conditions, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes sufficiently in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of cancellation - without any further obligations to you - which will take effect on the date the changes come into force.

We may change the services, discontinue the provision of the services or one or more functions of the services offered or restrict the services. We may terminate or suspend access to the services permanently or temporarily - without giving reasons and without further obligations. If possible under the given circumstances, we will inform you sufficiently in advance and duly consider your legitimate interests in such measures.

Applicable law

(1) These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR platform), accessible at: https://ec.europa.eu/odr. Please note that we are not obliged to participate in dispute resolution proceedings before alternative consumer arbitration boards.

Miscellaneous

(1) No waiver by either party of any breach or default under these terms and conditions shall constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these terms and conditions are for ease of understanding only; they shall not have any legal significance.

(3) You may not assign your agreement with us under these terms or any or all of your contractual rights or obligations without our prior written consent.

(4) These terms constitute the entire agreement and supersede all prior written or verbal agreements between you and us in connection with the services and the sale of products.

(5) The provisions of these terms and conditions which, by their sense and context, are intended to survive the expiration or termination of the agreement shall survive, in particular with respect to provisions relating to compensation, indemnities, exclusions of liability, limitations of liability and this "Miscellaneous" section.

Contact

To contact us, please use the following addresses:

Schuster & Wanner Naturfotografie GbR

Johann-Schütz-Straße 31

87435 Kempten (Germany)

Phone: 0831 68754241

E-mail: info@sw-naturfotografie.de