Terms of service
General Terms and Conditions of Business
1. Online Seminars
-Scope of application
-Services of the provider
-Conclusion of contract
-Right of withdrawal
-Prices and terms of payment
-Contents of the services and teaching material
-Liability for defects
-Liability
-Applicable law
-Alternative dispute resolution
2. Workshops
-Scope of application, definitions
-Services of the organizer
-Conclusion of contract
-Right of withdrawal for consumers
-Prices and terms of payment
-Right to participate, transfer of contract
-Change or cancellation of the event
-Contractual right of withdrawal (cancellations)
-Teaching material
-Liability
-Exploitation rights
-Applicable law, place of jurisdiction
-Alternative dispute resolution
3. Digital products (presets, video trainings)
-Scope of application
-Offers and service descriptions
-Ordering process and conclusion of contract
-Prices and shipping costs
-Delivery, availability of goods
-Terms of payment
-Retention of title
-Right of withdrawal
-Warranty and guarantee
-Liability
-Storage of the contract text
-Final provisions
Online Seminars
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Auth & Brucks GbR (hereinafter referred to as "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter referred to as "Services"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Provider with regard to the Services presented on the Provider's website.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, that is produced in digital form and provided by the Provider with the granting of certain rights of use regulated in more detail in these GTC.
2) Services of the Provider
2.1 The Provider shall provide its services through qualified personnel selected by it. In doing so, the Provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the provider's descriptions, the customer has no claim to the selection of a specific person to provide the commissioned service.
2.2 The Provider shall render its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not owe a certain success. In particular, the Provider does not guarantee that the Customer will achieve a certain learning success or that the Customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer, on which the provider has no influence.
3) Conclusion of contract
3.1 The services described on the website of the Provider do not represent binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.
3.2 The customer can submit his offer via the online form provided on the website of the provider. In doing so, the customer, after having entered his data in the form, submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process.
3.3 The Provider may accept the Customer's offer within five days, by sending the Customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case the receipt of the confirmation of registration by the Customer shall be decisive, or
by requesting payment from the customer after the customer has submitted his contractual declaration.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. In the event that a live online course is held, the same shall apply in the event that the course selected by the Customer begins prior to the expiration of the acceptance period and the Provider does not accept the Customer's offer no later than 24 hours prior to the beginning of the course, unless otherwise agreed between the parties.
3.4 When submitting an offer via the Provider's online form, the text of the contract shall be stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's offer has been sent. The Provider shall not make the text of the contract accessible beyond this. If the Customer has set up a user account on the Provider's website prior to sending the offer, the data on the ordered service shall be archived on the Provider's website and can be accessed by the Customer free of charge via its password-protected user account by providing the relevant login data.
3.5 Before binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the German language is available for the conclusion of the contract.
3.7 As a rule, the Provider shall contact the Customer by e-mail in order to process the contract. The Customer shall ensure that the e-mail address provided by it when submitting the offer is correct so that e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the contract can be delivered.
4) Right of revocation
More detailed information on the right of revocation can be found in the provider's revocation policy.
4.1 Vouchers can be revoked and returned in writing within the statutory revocation period. In the event of a revocation, we will refund the money. After expiry of the revocation period, you can exchange vouchers. A cash payment of vouchers is excluded after expiration of the revocation period.
5) Prices and terms of payment
5.1 Unless otherwise stated in the service descriptions of the provider, the prices quoted are total prices that include the statutory sales tax.
5.2 Various payment options are available to the Customer, which are indicated on the Provider's website.
5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6) Content of the services and teaching material
6.1 The Provider is the owner of all rights of use required to provide the Services. This shall also apply with regard to teaching materials that may be provided to the Customer in connection with the provision of the Services.
6.2 Any teaching material accompanying the performance (e.g. teaching documents) shall be made available to the Customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.
6.3 The customer may only use the contents of the services, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the Customer shall not be entitled to record the contents of the Services or parts thereof or to reproduce, distribute or make publicly available teaching materials without the separate permission of the Provider.
7) Liability for defects
The statutory liability for defects shall apply.
8) Liability
The provider is liable to the customer from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Provider shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
8.3 In all other respects, liability on the part of the Provider is excluded.
8.4 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
9) Applicable Law
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. 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 state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Alternative Dispute Resolution
10.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Workshops
1) Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Auth & Brucks GbR (hereinafter referred to as "Organizer"), apply to all contracts for participation in courses / seminars (hereinafter referred to as "Event"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Organizer regarding the Events presented on the website of the Organizer. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2) Services of the Organizer
2.1 The Organizer offers face-to-face events. The content of the event results from the respective course description on the website of the Organizer.
2.2 In the case of face-to-face events, the organizer shall provide his services exclusively in personal contact with the customer and in premises and outdoor locations selected by him for this purpose. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a specific location for the implementation of the desired event.
2.3 The Organizer shall provide its services through qualified personnel selected by it. In doing so, the organizer may also make use of the services of third parties who work on his behalf. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a particular person to carry out the desired event.
2.4 The organizer provides his services with the utmost care and to the best of his knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance goal. This depends not least on the personal commitment and will of the customer, on which the organizer has no influence.
3) Conclusion of contract
3.1 The events described on the website of the organizer do not represent binding offers on the part of the organizer, but serve to submit a binding offer by the customer.
3.2 The customer can submit his offer via the booking form provided on the website of the organizer in the online store. In doing so, the customer, after entering his data in the order form, submits a legally binding contractual offer with regard to the selected event by clicking the button that concludes the registration process.
3.3 The organizer can accept the customer's offer within five days,
- by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case the receipt of the confirmation of registration by the customer shall be decisive, or
- by requesting payment from the customer after the customer has submitted his contractual declaration.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the organizer does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his declaration of intent. The same shall apply in the event that the event selected by the customer begins before expiry of the acceptance period and the organizer does not accept the customer's offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 In the case of registration via the website of the organizer, the text of the contract shall be stored by the organizer after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Organizer shall not make the text of the contract accessible beyond this.
3.5 Before the binding submission of the offer via the booking form of the online store of the organizer, the customer can continuously correct his entries via the usual keyboard and mouse functions.
3.6 Only the German language is available for the conclusion of the contract.
3.7 If the customer registers further participants for an event, he undertakes to also assume responsibility for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration when registering.
4) Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the organizer's instructions on revocation.
5) Prices and terms of payment
5.1 Unless otherwise stated in the offer of the Organizer, the prices quoted are total prices that include the statutory value-added tax.
5.2 Costs for travel, accommodation and catering for face-to-face events are not included in the price and are to be borne by the customer, unless otherwise stated in the course description of the organizer.
5.3 Various payment options are available to the customer, which are indicated on the website of the organizer.
5.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6) Eligibility to participate, transfer of contract
6.1 Only the person named in the registration confirmation is entitled to participate. A contract transfer to a third party is only possible with the consent of the organizer.
6.2 If a third party enters into the contract between the customer and the organizer, he and the customer are liable to the organizer as joint and several debtors for the participation price and any additional costs incurred by the entry of the third party.
6.3 The participant must arrive punctually at the beginning of the workshop at the venue. In the event that an individual participant is late, the workshop will begin and be held punctually at the specified time. There will be no proportional refund of the workshop fee.
7) Change or cancellation of the event
7.1 The organizer reserves the right to change the time, place, instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organizer. Reasonable changes are only insignificant changes to services that become necessary after the conclusion of the contract and were not brought about by the organizer contrary to good faith. The organizer will inform the customer in good time in the event of a change in the time, place, course leader and/or content of the event.
7.2 In the event of a significant change to the service, the customer can withdraw from the contract free of charge or demand participation in another event of at least equal value instead, if the organizer is able to offer such an event from its range of services at no extra cost to the customer.
7.3 The customer must assert the rights in accordance with the above section immediately after informing the organizer about the change in services.
If the workshop is cancelled due to the minimum number of participants not being reached, the existing bookings will be cancelled. In this case, the participants will be refunded 100% of the workshop fee. The participant has no claim against Kathi & Chris Photography for further reimbursement (e.g. travel expenses / hotel costs).
If a photographer of Kathi & Chris Photography falls ill, the workshop will only be held by a photographer of Kathi & Chris Photography. If, depending on the discretion of Kathi & Chris Photography or depending on the announcement of the workshop, a realization by only one of the two photographers is not possible, the workshop will be cancelled and the participants will be refunded 100% of the paid workshop fee. The participant is not entitled to any further refund.
In case of cancellation of the event due to illness of both photographers of Kathi & Chris Photography, the workshop will be cancelled and the participants will be refunded 100% of the paid workshop fee. The participant is not entitled to any further refund.
If an event ban is issued due to the ongoing Covid-19 pandemic and such educational offering is prohibited, the workshop date will be rescheduled.
8) Contractual right of withdrawal (cancellations)
Irrespective of any statutory right of cancellation that may exist, the organizer grants the customer the right to cancel his registration for an event of the organizer according to the following conditions (contractual right of cancellation):
Payments already made will be refunded in the event of cancellation less a cancellation fee. In case of cancellations more than two weeks before the workshop, the cancellation fee is 5% of the total price. For cancellations two weeks or more before the workshop, the cancellation fee is 50% of the total price. For cancellations one week or more before the workshop, the cancellation fee is 75% of the total price. For cancellations two days or more before the workshop, the cancellation fee is 100% of the total price. Cancellations must be made in any case by email to hello@kathiundchris.de.
8.1 Any existing statutory right of withdrawal of the customer shall not be limited by the above-mentioned right of withdrawal.
9) Teaching material
9.1 The organizer is the owner of all rights of use which are necessary for the execution of the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.
9.2 The customer may only use the contents of the event, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials without the separate permission of the organizer.
10) Liability
The organizer is liable to the customer from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The organizer is liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
on the basis of mandatory liability such as under the Product Liability Act.
10.2 If the organizer negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Essential
contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.
10.3 In all other respects, liability on the part of the organizer is excluded.
10.4 The above liability provisions shall also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.
10.5 As far as participants are provided with cameras, lenses and photo accessories by Kathi & Chris Photography, they are also liable for damages to these devices in case of slight negligence.
11) Exploitation rights
The pictures taken at the workshop may be used by the participants as reference shots, provided that the participating service providers are mentioned. An overview of the credits will be provided to the participant. In case of publication on the internet or in other print media, it must be recognizable that the photo was taken at a workshop of Kathi & Chris Photography (link to www.kathiundchris.de). In case of publication in social networks, the corresponding page of Kathi & Chris Photography and the contributing service providers must also be linked.
12) Applicable law, place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
12.2 If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the organizer's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is in any case entitled to call upon the court at the customer's place of business.
13) Alternative dispute resolution
13.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The organizer is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Digital Products (Presets, Video Trainings)
1) Scope of application
1.1 For the business relationship between Kathi & Chris Photography GbR (Auth & Brucks GbR, owner: Katharina Brucks and Christian Auth, van-der-Grinten-Str. 9, 47559 Kranenburg, Germany) (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 AM to 6:00 PM under the telephone number 0176-24487009 and by e-mail at support@kathiundchris.de.
1.3 Consumer in terms of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2) Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise noted with the products. Errors and omissions excepted.
3) Ordering process and conclusion of contract
3.1 The Customer can select products from the Seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the ordering process.
3.2 By clicking the button [order with obligation to pay], the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4) Prices
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
5) Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails due to the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
6) Payment modalities
6.1 The customer can choose from the available payment methods within the scope of and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment is possible by bank transfer, payment must be made within 7 days after the order is placed, quoting the order number. Payment in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7) Retention of title
Until full payment, the delivered goods remain the property of the seller.
8) Right of revocation
More information on the right of withdrawal can be found in the cancellation policy of the provider.
8.1 Vouchers can be revoked and returned in writing within the statutory revocation period. In the event of a revocation, we will refund the money. After expiry of the revocation period, you can exchange vouchers. A cash payment of vouchers is excluded after the expiry of the revocation period.
9) Warranty for material defects and guarantee
9.1 The warranty is determined by statutory provisions.
9.2 A warranty exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
10) Liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other legal requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
10.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11) Storage of the text of the contract
11.1 The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
12) Final Provisions
11.1 The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 Contract language is German.
12.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
