Standard Terms and Conditions of Business of Sportograf GmbH & Co. KG (referred to below as: Sportograf), Dennewartstraße 25‐27, 52068 Aachen applicable to consumers
As of: 18. August 2016
§ 1 Scope
(1) The following standard terms and conditions of business apply to all contracts between Sportograf and consumers (referred to below as: Customer) concerning the purchase and delivery of goods or digital content via the web shop http://www.sportograf.com.
(2) The following applies to commercial interested parties: we are not bound by any of the customer’s conditions to the contrary, even if we do not explicitly contradict them. Should you wish to purchase a license for the commercial use of pictures, we ask you to contact us directly. The granting of a license to commercial interested parties or for commercial use is not possible via our website and is only possible with a separate agreement.
§ 2 Offer and Conclusion of Contract
(1) The presentation of products on our website does not constitute a legally binding offer, but is an invitation to place an order. The selected goods or digital content will be shown in your shopping basket. Before submitting the order, you have the opportunity to correct any errors or change the order here.
(2) By clicking [buy / order for a fee] you make a binding offer to purchase the goods or the digital content contained in the shopping basket. The offer can only be submitted and delivered when the Customer has accepted these contract terms and conditions by checking the box “accept standard terms and conditions of business” and has thereby incorporated the content of the standard terms and conditions of business in its offer.
(3) The confirmation of receipt of the order takes place together with the acceptance of the order, by automatic email, immediately after the order is submitted. The purchase contract comes into existence upon this email confirmation unless you have chosen to pay by credit card (in which event the contract comes into existence when the credit card is debited) or by PayPal (in which event the contract comes into existence when you confirm the payment instruction to PayPal).
(4) During the order process, the Customer may select the language he is familiar with from the languages offered in the navigation bar.
§ 3 Prices
(1) The prices stated on the product pages include statutory value added tax and other price components. If no other prices are agreed with us in writing, the prices current on the day of the order apply.
(2) The prices vary depending on the event. The payment currency and price is determined separately for each event. The respective price list can be found by clicking on the event list highlighted in blue on the right side of the image on our website (event price list).
§ 4 Delivery and payment
(1) We constantly endeavour fast delivery of the ordered images. The delivery time depends thereby on the selected payment and delivery mode.. The optional delivery modes are via download link or as delivery on CD or DVD. The images are in any case delivered via download link and are only delivered on CD / DVD on special request of the customer.
(2) If payments are made by credit card or via PayPal, the digital images are delivered no later than within 2 working days after the order, although we are trying to deliver within 24 hours. In case of pre‐payment, the images are delivered within two working days after confirmation that the payable amount has been credited to our account.
(3) After receipt of payment by Sportograf the Customer will be transmitted the ordered images per download link via e‐mail. This download link is available to the Customer for seven days. After successful download of the ordered images, the download link will be automatically deactivated. Should your download attempt fail, a free replacement is made available on request. To do so, please contact email@example.com.
§ 5 Reservation of title
The goods shall remain in our ownership until payment has been made in full.
§ 6 Shipping Costs
(1) There are no shipping costs for delivery via download link (see clause 3 of these Terms and Conditions).
(2) We charge a flat shipping rate for delivery on CD/DVD. This charge comprises shipping, material and processing costs. The flat shipping fee will be clearly displayed to you before the order is made. You can also find the flat shipping fee on the relevant event pricelist.
§ 7 Customer account
(1) We provide our customers with a customer account on which they can view their orders to date.
(2) Customer accounts may be accessed either by entering the order number in combination with the Customer’s email address or surname, or via the “Facebook Connect” function.
§ 8 Warranty
We always try to provide professional and sharp images. In case of justified complaints, we comply with the statutory warranty provisions. Any replacement of images reprocessed or modified by the customer is excluded.
§ 9 Data Protection
(1) We use the data you provide to fulfil and process your order. To the extent necessary to deliver the images, your data will be passed on to the shipping company contracted for delivery. For the settlement of payments, your payment details may be passed on to our bank.
(2) We email you with regular, carefully selected offers relating to similar services in our range (e.g. event information, discounts). You may object to the use of your email address for advertising purposes at any time by informal email.
§ 10 Image Rights
(1) The free preview images are not subject to a right of use. An exception is the use in designs with a view to purchasing an image.
(2) The rights to the images sold via Sportograf basically remain with Sportograf. The purpose of these licensing provisions is fair conditions both for the customer and the author / photographer of the image. By purchasing an image, the customer is only granted the rights of use defined below:
‐ Sportograf grants the customer a non‐exclusive, non‐sub‐licensable and non‐assignable right for the private use of the respective images purchased.
‐ The resale of delivered digital content is not permitted.
‐ Any modification of the images through photo composing or photomontage or by electronic means for the creation of a new copyrighted item is only permitted with the prior written agreement of the originator or person entitled within the limits laid down in §24 of the German Copyright Act (Urhebergesetz). The images may also not be copied, recreated photographically or otherwise used as a motif.
‐ Any use of the images in connection with illegal, offensive or immoral contents is prohibited, as is any modification and processing that distorts the image.
§ 11 Copyright Notice
(1) The Customer acknowledges that the images supplied by Sportograf are works protected under the German Copyright Act (Urhebergesetz).
(2) Any use, reproduction or transfer of the images is subject to the attachment of the prescribed copyright notice. Unless otherwise agreed, the name of the image’s originator shall be provided in writing directly below the reproduction/print. If the name of the photographer is not known, "© sportograf" can be used. In no case, however, may the impression be given either intentionally or negligently that the use of the content is free of rights when using a licensed Sportograf image.
§ 12 Cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days, without stating any reasons. The cancellation period is fourteen days from the date on which the contract is concluded.
To exercise your right of cancellation, you must inform us, Sportograf GmbH & Co. KG, Dennewartstrasse 25‐ 27, 52068 Aachen, firstname.lastname@example.org, of your decision to cancel the contract by means of an unambiguous declaration (e.g. by posted letter, fax or email). You may use our specimen cancellation form, but this is not mandatory. To comply with the cancellation period, it is sufficient to send the notice exercising your right of cancellation prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund all payments received from you, including delivery costs (excepting any additional costs arising from you having chosen a different type of delivery to the cheapest, standard delivery offered by us) without delay and within fourteen days of the day on which we received your notice of cancellation. Unless otherwise agreed with you, we shall use the same payment method for the refund as you used for the original transaction; you will not be charged a fee for this refund under any circumstances.
Extinguishment of the right of cancellation
In the case of a contract for the delivery of digital content not contained on a physical data carrier, the right of cancellation shall also be extinguished if we have begun to perform the contract after the Customer has
1. expressly confirmed that we could begin to perform the contract prior to the expiry of the cancellation period and
2. confirmed that he is aware that he will lose his right of cancellation once performance of the contract has begun.
§ 13 Final provisions
(1) Even if delivery is to be made abroad, the law of the Federal Republic of Germany shall apply, unless the mandatory legal provisions of the Customer’s country of habitual residence are more favourable to the Customer.
(2) We save the contract wording and email you the order details and our standard terms and conditions of business. You can view and download the standard terms and conditions of business at any time on this website.
(3) On the basis of Regulation (EU) No. 524/2013 concerning online dispute resolution for consumer disputes, the European Commission provides a platform for the online resolution of disputes at URL http://ec.europa.eu/odr. Consumers have the opportunity to use this platform to resolve disputes concerning our online services.
(4) If one or more provisions of these standard terms and conditions of business or a provision forming part of other agreements between the contracting parties should be or become ineffective, this shall not affect the validity of the other provisions.