GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION & CANCELLATION POLICY & CANCELLATION FORM
Table of contents
A. Terms and Conditions with Customer Information
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects
8. Governing Law, Contract Language
9. Alternative Dispute Resolution
10. Code of Conduct
B. Cancellation policy
1. Right of Withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
4. General information
C. Withdrawal Form
A. Terms and Conditions with Customer Information
1.1 These General Terms and Conditions (hereinafter "GTC") of Petra Segger, trading under "Qi Imagery" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the Seller using means of long-distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j Para. 5 Clause 1 BGB. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 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 their commercial or independent professional activity.
2) Conclusion of contract
2.1 The customer can send a non-binding request to submit an offer to the seller by e-mail, by telephone or via the "Send message" function on the Facebook page. At the customer's request, the seller sends the customer a binding offer in text form (e.g. by e-mail) for the sale of the goods previously selected by the customer from the seller's range of goods.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller by email or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the period will. The date of receipt of payment by the seller is decisive for acceptance by payment. If the last day of the period for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's registered office, the next working day shall take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again. The seller will point this out to the customer again in his offer.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the seller's offer.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are communicated to him in the seller's offer.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; if the limitation period for defects in the case of new goods is one year from delivery of the goods; if the rights and claims due to defects are excluded in the case of used goods; if the limitation period does not begin again, if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply to claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Applicable Law, Contract Language
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
8.3 The contract language is German.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
B. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Petra Segger, Qi Imagery, Breite Str. 27, 40213 Düsseldorf, Germany, Tel.: +491705055500, email: firstname.lastname@example.org) a clear statement (e.g. B. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website https://qi-imagery.com/pages/widerrufsrecht . If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the above numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
C. Withdrawal Form
If you want to revoke the contract, please fill out this form and send it back.
27 Broad St
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable