1.1 The General Terms and Conditions of Business (hereinafter referred to as “GTC”) regulate the sale of products by Lana Tannir (hereinafter referred to as “Seller”) to a consumer or business person (hereinafter referred to as “Customer”), in the version valid at the time of the order.
1.2 Deviating general terms and conditions of the customer shall be rejected.
1.3 Please read these terms and conditions carefully before placing an order with Lana Tannir. By placing an order with Lana Tannir you agree to the application of these terms of sale to your order.
1.4 The website of Lana Tannir offers the following products for sale: photography prints, photography calendars, digital photography courses, photography workshops
1.5 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.6 For the purposes of these GTC, digital content is all data not contained on a physical data carrier, which is produced in digital form and made available by the seller by granting certain rights of use which are more precisely regulated in these GTC.
2.1 Contracts on this website can be concluded in German and English.
2.2 The offers are directed exclusively to end customers with an invoice and delivery address in the European Union.
2.3 The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
2.4 The customer’s order represents an offer to Lana Tannir to conclude a sales contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there in the online order form and clicks the button “buy now” in the last step of the order process. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he/she clicks the button to conclude the ordering process.
2.5 The purchase contract between the seller and the customer shall only come into effect upon the seller’s declaration of acceptance. The seller may accept the customer’s offer within five days. This takes place on the earlier of the two deadlines, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
2.6 The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the seller. This refers both to the number of the ordered products in the context of an order and to the task of several orders of the same product, with which the individual orders cover a household usual quantity.
2.7 Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer agrees to receive the invoices electronically. Electronic invoices are provided to the customer by e-mail. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. The seller shall inform the customer in the dispatch confirmation for each delivery whether an electronic invoice is available. For more information about electronic invoices, the customer can visit our website.
3.1 Our prices are total prices unless otherwise stated in our product description. As a small business within the terms of §19 Abs. 1 Umsatzsteuergesetz (UStG) no sales tax is charged. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
3.2 The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
3.3 The payment options will be communicated to you in the online store of the seller.
3.4 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
4.1 Unless otherwise agreed, the contractual item shall be delivered to the delivery address specified by the customer. The contractual item is the goods and services specified by the customer in the order and mentioned in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes are reserved there, especially regarding the availability of goods.
4.2 The quality of the ordered goods is specified in the product descriptions in the online store. Illustrations on the website may not accurately represent the products; especially colors may vary for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not represent defects of the products delivered by the seller.
4.3 If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from issuing a declaration of acceptance. In this case a contract will not be concluded.
4.4 If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
4.5 Delivery shall be made according to the customer’s method of payment. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting bank. In the case of payment by Paypal, credit card, Stripe, direct debit, immediate bank transfer or invoice, delivery will take place after conclusion of the contract.
4.6 If a delivery to the customer is not possible for reasons for which the customer is responsible, the customer shall bear the costs for the unsuccessful delivery. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instruction applies.
4.7 If the customer’s order is shipped in more than one package, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement is concluded between the seller and the customer for each shipping confirmation for the products listed in the respective shipping confirmation. Contract partner is Lana Tannir. Irrespective of the customer’s right of revocation, the customer may cancel his order for a product at any time free of charge before the respective shipping confirmation has been sent.
4.8 This right of cancellation does not apply to certain product groups and services, including digital content or software which is not delivered on a physical data carrier (e.g. on a CD or DVD), if the download or use (whichever is the earlier) has begun.
4.9 Digital content is provided to the Customer in electronic form only as follows: by download
5.1 The customer can pay for the goods by the following payment methods:
5.2 Certain types of payment can be excluded by the seller in individual cases.
5.3 The customer is not permitted to pay for the goods by sending cash or cheques.
5.4 Should the customer choose an online payment method, the customer authorizes the seller to collect the amounts due at the time of the order.
5.5 If the seller offers payment by credit card and the customer chooses this method of payment, the customer expressly authorizes the seller to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
6.1 All digital content provided by the Seller is protected by copyright.
6.2 The customer acquires a simple, non-transferable right of use for an unlimited period of time exclusively for non-commercial use. The customer is not granted any exploitation rights. In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction which serve exclusively for personal use.
6.3 The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
6.4 The customer is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
6.5 The seller is entitled to personalize digital content made available for download with visible and invisible markings on an individual basis in order to enable the original purchaser to be identified and legally pursued in the event of misuse.
6.6 In the event of unauthorized use of the digital content by the customer or a third party, the customer undertakes to pay a contractual penalty per violation, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
Lana Tannir reserves the right of ownership of the goods until full payment has been received.
8.1 If the customer receives the goods with obvious transport damages, the seller will ask the customer to file a complaint as soon as possible.
8.2 Should the customer fail to lodge a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is to enable the Seller to assert his own claims against the carrier.
9.1 If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, customers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on Lana Tannir, if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
9.2 In the case of used goods, the warranty period may be shorter than two years.
9.3 If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
9.4 If the customer is not a consumer, the period of limitation is one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which are based on compensation for damage to body and health or on intent or gross negligence.
9.5 A guarantee shall only exist for the goods delivered by the supplier if it is expressly stated in the order confirmation for the respective article.
Information on the right of revocation can be found in the separate revocation instruction.
12.1 Contracts between the seller and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn from the customer.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller’s registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual abode is not known at the time the action is filed.
13.1 The invalidity of a provision shall not affect the validity of the other provisions of the contract. If this should occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.
13.2 If you violate these Terms and Conditions and we do not take any action against it, we shall still be entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale.
14.1 The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
These terms and conditions have been prepared in cooperation with the team of Wonder Legal and HÄRTING Rechtsanwälte, as well as Rechtsanwalt Jacob Metzler.
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