Terms & Conditions
RIGHT OF WITHDRAWAL
Right of withdrawal
You can cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, email) or - if the thing is left to you before the deadline - by returning the thing. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilling our information obligations in accordance with Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations in accordance with Section 312g (1) sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time.
The revocation must be sent to:
Fabian Nübling
Mittelzeller Str. 10
78479 Reichenau
Consequences of withdrawal
In the event of an effective cancellation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If you are unable to return or return the received performance and uses (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for the uses that have been made, insofar as the use or the deterioration is due to handling the item that goes beyond checking the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop.
Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the thing to be returned does not exceed an amount of 40 euros or if you did not receive the consideration or a higher price of the thing at the time of the cancellation have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
The right of withdrawal does not exist with
Contracts for the delivery of goods that are not prefabricated which are made according to customer specifications or are clearly tailored to personal needs (according to § 312 d Abs. 1 BGB is according to § 312 d Abs. 4 Nr. 1 BGB).
End of revocation
Customer-made photos are produced according to the customer's specifications and tailored to his personal needs. A right to withdraw is therefore excluded. Software and digital templates are excluded from return.
§ 1 RESERVATION OF OWNERSHIP
The goods remain the property of Fabian Nübling until full payment has been made.
§ 2 WARRANTY OF DEFECTS
(1) The customer must report defects in the delivered items immediately upon delivery, but no later than 7 days after receipt, with a precise description and, if necessary, document them with photos. Subsequent assertion of obvious defects is excluded. Parcels must be inspected by the customer immediately upon delivery by the transport company for external damage and reported.
(2a) Complaints about taste are not considered defects. Only deficiencies that would have been avoidable according to the current state of the art count as justified defects. Minor deviations from the original can therefore not be objected to, provided that they cannot be improved by the manufacturing process used. In particular, color deviations, offsets and edge trimmings caused by manufacturing tolerances do not justify a complaint about the goods. Larger color deviations between different orders, comparison samples or other templates also do not constitute a defect if they were produced in a different production process or if they can be attributed to the use of other machines.
(2b) There is also no defect if a loss in quality is caused by poor quality (e.g. resolution) of the original image data or if it is due to material supplied by the customer himself.
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(2c) If there is a complaint about the color rendering of a photo on a carrier material in comparison to the customer monitor, the customer is obliged to prove that the digital photo transferred corresponds to the usual standard, color profiles by Anna Försterling were used as soft proof, the monitor was calibrated and the The customer's output devices are in a technically perfect condition.
(3a) If Fabian Nübling is responsible for defects in the delivered goods, Fabian Nübling is entitled to a replacement delivery. If Anna Försterling does not meet the justified request for replacement delivery within a reasonable time or if Fabian Nübling refuses the replacement delivery, the customer can request the cancellation of the order or reduce the remuneration. Replacement deliveries are delivered to the shipping option (standard or express delivery) as chosen for the first order.
(3b) Fabian Nübling can decide whether the defective goods have to be returned by the customer and notifies the customer of this decision in writing (email or letter). In this case, Fabian Nübling assumes the return shipping costs by sending a return parcel label beforehand. The customer does not send the goods back to Fabian Nübling “unfree” as part of his obligation to mitigate the damage, as this incurs higher shipping costs than after sending a return parcel label. If the customer nevertheless sends the goods freight collect, Fabian Nübling is entitled to invoice the difference.
§ 3 CONTRACT LANGUAGE
English and German are available as contractual languages.
§ 4 DATA SECURITY AND DATA PROCESSING
(1) Fabian Nübling will treat customer data (address, email, telephone number) in accordance with the statutory provisions of the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act. Forwarding to third parties for advertising purposes is excluded.
(2) For the purpose of preserving evidence, the image files transmitted or sent by the customer are stored until the associated invoice items have been paid. There is generally no further security beyond the completion of the respective order. The customer is obliged to save and save all image files sent to Fabian Nübling.
(3) Fabian Nübling saves personal data arising from the fulfillment of the contract with automatic data processing on her customer server.
§ 5 APPLICABLE LAW AND JURISDICTION
(1) The business relationships between Fabian Nübling and the customers are subject to the law of the Federal Republic of Germany.
(2) The place of jurisdiction is the seat of Fabian Nübling.
§ 6 SEVERABILITY CLAUSE
If individual provisions of these terms and conditions or the contract supplemented by them are or become ineffective, the effectiveness of the other provisions is not affected. The respectively applicable legal provision takes the place of the ineffective regulation.