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§ 1 General



(1) These terms and conditions apply to all contracts, deliveries and other services of Guido Klumpe, Plaza de Rosalia 7, 30449 Hannover, Germany (hereinafter referred to as: "Seller"), regarding the online store and all sub-domains belonging to the domain. Deviating regulations of the customers shall not apply unless the Vendor has confirmed this in writing. Individual agreements between the seller and the customers always have priority.


(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The validity of UN sales law is excluded.



(3) The contractual language is German.



(4) The place of jurisdiction shall be Hanover if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.



(5) We deliver to the following countries: Worldwide.



(6) Customers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts:


§ 2 Content of the contract and conclusion of the contract



(1) The seller offers new goods, especially prints of own photographs, for sale to the customers in the online store

The customer also has the possibility to inquire with the seller about a certain article by telephone or by e-mail, fax or letter. Upon receipt of such an inquiry, the Seller shall submit a corresponding offer to the Customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.



(3) The text of the contract is stored. However, it is not accessible to the customer.


§ 3 Prices, shipping costs, sales tax and payment



(1) For orders placed via the online store, the prices stated there shall apply. The seller makes use of the small business regulation according to § 19 UStG and therefore does not show any sales tax. All prices are final prices.



(2) The prices do not include shipping and packaging costs, if applicable, which will be disclosed to the customer before the order is placed.



(3) The delivery of the customer by the seller takes place according to the wishes of the customer against the following payment methods: Prepayment (by bank transfer, Paypal, credit card payment), .

If the customer chooses prepayment by bank transfer, the payment is due no later than 7 calendar days after the conclusion of the contract.


(4) If a customer is in default with his payment obligations, the seller may claim damages in accordance with the statutory provisions and / or withdraw from the contract.


(5) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.



§ 4 Delivery and transfer of risk



(1) The ordered goods will be delivered to the address specified by the customer, unless otherwise agreed in the contract. Delivery shall be made directly from the manufacturer.



(2) The availability of the individual goods is indicated in the item descriptions. Goods available in stock will be shipped by the seller within 7-14 business days after the instruction of payment (in case of prepayment by bank transfer: within 7-14 business days after receipt of payment), unless expressly agreed otherwise. If, in the case of a sale via the online store, the goods are marked as not being in stock, the seller shall endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is non-binding, unless the delivery date has been bindingly promised by the seller in exceptional cases.


(3) The Seller reserves the right to make a partial delivery, provided that this appears to be advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. Additional costs arising from partial deliveries will not be charged to the customer.



(4) The Seller reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the Seller is not responsible for the failure to deliver. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction has been concluded with the supplier in due time. Translated with (free version)

§ 5 Retention of title


The delivered goods shall remain the property of the Seller until all claims arising from the contract have been fulfilled; in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.


§ 6 Right of retention


The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.


§ 7 Liability for defects of quality and title


(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.

If only merchants are involved in the contract, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE) SHALL APPLY.


(2) Damage caused by improper actions of the Customer during installation, connection, operation or storage of the goods shall not constitute a warranty claim against the Seller.

The customer can find instructions for proper handling in the manufacturer's descriptions.


(3) Defects shall be notified to the Seller by the Customer within a warranty period of two years for new items or one year for used items.

If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty against entrepreneurs is excluded.

The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and shall not apply to claims for damages by the Customer which are directed towards compensation for physical injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or its vicarious agents.


(4) If defects exist and were asserted in due time, the Seller shall be entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions shall apply.


§ 8 Duty to provide information in the event of transport damage


If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately contact the seller by e-mail or other means (fax/mail), so that the seller can protect any rights against the carrier/freight service.


§ 9 Disclaimer


(1) Apart from liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.


(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.


(3) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

 Translated with (free version)

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