Terms and conditions

Draft. This text must be reviewed by a lawyer before publication. Please complete the details in [square brackets] in the admin area. Only the German version is legally binding.

§ 1 Scope and provider

(1) These terms and conditions apply to all orders placed through the online shop lensmoments.com between [first and last name], LensMoments, [address] ("we") and our customers.

(2) The photographs are supplied by the photographers represented on LensMoments. Your contracting party for every order is us alone.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). Deviating terms of businesses do not apply.

§ 2 Offer and contract

(1) The photographs shown in the shop are not a legally binding offer but an invitation to order.

(2) By clicking "Place order" you make a binding offer. Before that you can check and correct your details at any time.

(3) We confirm receipt of your order by email. The contract is concluded with this confirmation; for payment by bank transfer in advance, with the payment request.

(4) The contract languages are German and [English]. We store the contract text; you receive the order details and these terms by email.

§ 3 Products

(1) Prints are made to order by our print partners in the size, material and, where chosen, frame you selected. Slight differences in colour and brightness compared with your screen are technically possible.

(2) Limited editions are sold per size only in the stated number. Every print is numbered and comes with a certificate of authenticity.

(3) Digital files are provided for download. The permitted use follows from the licence delivered with the file.

§ 4 Prices and delivery costs

(1) All prices are final prices and include statutory VAT. For deliveries to other EU countries the VAT of the country of destination applies.

(2) Delivery costs are shown per photographer during checkout. Digital files are delivered free of delivery costs. Details under "Shipping and payment".

(3) Businesses with a valid VAT identification number from another EU country are charged under the reverse charge procedure: they pay the net price and the recipient owes the tax.

§ 5 Payment

(1) The available payment methods are shown during checkout.

(2) For payment in advance by bank transfer, the amount is due within [7] days of the order. Without payment, the order is cancelled.

(3) Digital files are released and prints go into production once the payment is confirmed.

§ 6 Delivery

(1) We deliver to the countries offered during checkout. The delivery time is stated with the product.

(2) For deliveries to businesses, the risk passes on handover to the carrier.

§ 7 Retention of title

The goods remain our property until paid in full.

§ 8 Right of withdrawal

Consumers have a right of withdrawal as set out in the withdrawal policy. For digital files it ends when, before the download starts, you have expressly agreed and confirmed that you thereby lose your right of withdrawal.

§ 9 Warranty

The statutory rights for defects apply. Please report transport damage to [[email protected]] as soon as possible so that we can claim against the carrier. Your statutory rights remain unaffected.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body and health, and under the Product Liability Act. For slightly negligent breaches of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

§ 11 Rights of use

Buying a print gives you ownership of the print, not the rights to the image. Reproduction and publication are only permitted within a purchased licence.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.

(2) If the customer is a merchant, the place of jurisdiction is [city].