- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Alternative dispute resolution
- Cancellation policy and cancellation form
1.1 These general terms and conditions (hereinafter “GTC”) of Claudia Weaver (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller’s Online shop completes goods. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can largely be attributed neither to their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
– by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.
4.4 If payment in advance has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If the payment method “SOFORT” is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt / Main, to which the provider assigns his payment claim. BS PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. In the event of assignment, only BS PAYONE GmbH can be provided with a debt-relieving effect. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g. when selecting the payment method credit card payment via BS PAYONE GmbH e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits.
4.8 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer’s specified credit card account. In the case of assignment, only secupay AG can be made with a debt-relieving effect. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g. when selecting the payment method credit card payment via secupay AG e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits.
4.9 If you choose the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
4.10 If the payment method credit card via Wirecard is selected, payment is processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller transfers his payment claim. Wirecard Bank AG collects the invoice amount from the customer’s specified credit card account. In the event of assignment, only Wirecard Bank AG can be paid with debt-relieving effect. The credit card will be charged immediately after the customer order has been sent via the seller’s online shop. The seller remains responsible for general customer inquiries, e.g. when selecting the payment method credit card via Wirecard. B. on the goods, delivery time, shipping, returns, complaints, revocations and returns or credit. Attention is drawn to the information provided by Wirecard Bank AG in accordance with Article 13 GDPR when processing credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller’s cancellation policy.
5.3 Pick-up is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
– by download
– by email
– by post
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.
8.2 Individual products can be excluded from the voucher campaign, provided there is a corresponding restriction in the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.7 The credit of a promotional voucher is neither paid out in cash nor interest.
8.8 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased through the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop unless the voucher states otherwise.
9.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. The remaining credit will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit of a gift voucher is neither paid out in cash nor interest.
9.8 The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business, or the lack of authorization to represent the respective owner.
10) Applicable law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12) Cancellation policy & cancellation form
Consumers have a right of withdrawal in accordance with the following, whereby consumers are any natural persons who enter into a legal transaction for the purposes of: predominantly neither their commercial nor their independent professional activity can be attributed to:
12.1. Cancellation policy / Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason to withdraw. The cancellation period is fourteen days from the day on which you or one of you named the third party, who is not the carrier, took possession of the last item which to be ordered.
In order to exercise your right of withdrawal, you must contact us
Claudia Weaver Photography
Einsiedeleigasse 14b / 5
Tel .: 0436508778838
with a clear explanation (e.g. one with the letter sent by mail or email) about your decision to cancel this contract. You can use the attached model withdrawal form, however, this is not required. To meet the cancellation deadline, it is sufficient for you to notify us of your desire exercise the right of cancellation before the cancellation period expires.
12.2 Consequences of cancellation
If you cancel this contract, we will refund all the payments that we have from you received, including delivery costs (excluding additional costs which result from the fact that you have a different type of delivery than our default choice: the cheapest standard delivery), at the latest to be repaid within fourteen days from the date on which the notification of your we have received the revocation of this contract.
We use for this repayment the same form of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case you will be charged fees for this repayment. We can the refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, depending on which is the earlier time.
You have the goods immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this contract to us or to WhiteWall Media GmbH, Europaallee 59, 50226 Frechen, Germany
send back or hand over. The deadline is met if you return the goods by sending them within the period of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this occurs. Loss of value due to check the nature, properties and functionality during the handling of the goods is excluded.
12.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not exist for contracts for the delivery of goods that are not are prefabricated and for their manufacture an individual selection or determination by the consumer or which is clearly based on personal consumer needs are tailored.
The right of withdrawal does not apply to consumers at the time the contract is concluded do not belong to any member state of the European Union and their sole place of residence and delivery address at the time the contract is concluded outside the European Union lie.
12.4. General information
a. Please avoid the damage and contamination of the goods. Send the Goods please in the original packaging with all accessories and with all packaging components back to us. If necessary, use a protective one outer packaging. If you no longer have the original packaging, please take care with suitable packaging for adequate protection against transport damage.
b. Please do not send the goods back to us freight collect.
c. Please note that the above paragraphs 1-2 are not a prerequisite for the
effective exercise of the right of withdrawal.
12.5. Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
Claudia Weaver Photography
Einsiedeleigasse 14b / 5
I / we (*) hereby revoke the contract concluded by me / us (*) for the
Purchase of the following goods (*) / 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 for notification on paper)
(*) Delete where inapplicable