General terms and conditions
Scope and provider
1.1 These Terms and Conditions apply to all orders placed through the website "meine-fotobestellung.de" operated by SaMa Media GmbH, Rollnerstraße 110, 90409 Nürnberg, General Manager Sabrina Kalenskij-Volk, Markus Koller, SaMaMedia GmbH HRB 43582, VAT ID No: DE370128337 (hereinafter "SaMa Media" or "we").
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
1.2 Our offer is available in German. The contractual language is German.
2. order process and conclusion of contract
2.1 Only persons who are resident in Germany, Austria or Luxembourg may place orders. We ship goods exclusively to delivery addresses in these countries.
2.2 Our offer provides you, among other things, with the opportunity to order images or items provided with images by us by entering access data provided exclusively to you or by sending digital image files to us.
2.3 The product representations in our online store serve to submit a purchase offer.You can choose from our assortment and collect it in a so called shopping cart by clicking the button "add to cart".By clicking the button "order" you make a binding offer to purchase. The sale of our products is exclusively for private use.
2.4 The confirmation of receipt of the order is made by automated e-mail immediately after sending the order and does not yet constitute acceptance of the contract. We accept your order by sending a separate order confirmation by e-mail.
3. storage of the contract text
The text of the contract will be saved and sent to the customer in text form after successful registration together with these GTC and customer information.
4. prices
The prices stated on the product pages include the applicable statutory value-added tax and other price components and do not include shipping costs.
5. shipping costs
For delivery within Germany we charge a flat rate of 2.90 EUR per order.
6. delivery conditions and reservation of self-delivery
6.1 Delivery shall be made throughout Europe by Deutsche Post.
6.2 Unless otherwise stated in the offer, the delivery time is 10 - 14 days.
6.3 Should the delivery of the goods fail through your fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately.
6.4 If the product ordered by you is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.
7. terms of payment
7.1 You will receive an invoice together with your delivery. If you purchase a digital file, it will only be activated after receipt of payment.
7.2 The invoice amount is to be transferred to our account within 10 days after receipt of the invoice.
7.3 If you are in default of payment, corresponding reminder fees shall be incurred.
8. retention of title
The goods remain our property until full payment. Before transfer of ownership, pledging, securing, processing or transformation is not permitted without our consent.
9. right of withdrawal
Consumers have a biweekly Right of withdrawal.
10. warranty
The statutory warranty rights apply to the items offered in our store.
11. protection of third party rights
11.1 When uploading image files for repeat orders, you must ensure that you have the necessary rights for all image files transferred to us and for the specific order, in particular that the order is placed without infringing the copyright, trademark or personal rights of third parties.
11.2 You shall indemnify SaMa Media against any claims of third parties asserted on account of the infringement of their rights due to the processing, duplication and use of the transmitted image files corresponding to the order placed, including any legal costs incurred.
11.3 The image files transferred to us must not violate any applicable prohibition standards, in particular the regulations on the dissemination of child pornography (§§ 184 ff. StGB). If we become aware of any violations, we will immediately involve the responsible law enforcement authorities.
12. final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
13 Applicable law
German law shall apply to all disputes arising from or on the basis of this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as it does not deprive the consumer of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.
