Terms of Service

§ 1 Scope of application, definitions

(1) The business relationship between the webshop provider Bjørn Jansen Photography (hereinafter ‘Provider’) and the customer (hereinafter ‘Customer’) shall be governed exclusively by the following General Terms and Conditions or Webshop GTC (hereinafter ‘GTC’) in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing. 
(2) The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select products, in particular FINE ART PRINTS, on the provider's website and collect them in a so-called shopping basket using the ‘add to basket’ button. By clicking the button ‘order with obligation to pay’, the customer submits a binding offer to purchase the products in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these GTC by clicking on the ‘Accept GTC’ button and thereby included them in his offer.

(2) The provider 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. The automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations. 
(3) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it is usually approx. [...] days
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. 
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. 
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, ..., ...

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Prices and shipping costs 

(1) All prices stated on the provider's website include the applicable statutory value added tax. 
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation. The shipping costs depend on the place of delivery and are shown to the customer before the offer is submitted.
(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer. If the customer is an entrepreneur, he bears the shipping risk.
(4) In the event of cancellation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities 

(1) The customer can pay by credit card, Paypal or Klarna. 
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay interest on arrears does not preclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee 

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability 

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. 
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

Cancellation policy

Right of cancellation

You have the right to cancel 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 goods.
To exercise your right of cancellation, you must inform us by Email info@bjoernjansen.store of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You shall only be 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. 
(2) The right of cancellation does not apply to contracts pursuant to Section 312g (2) No. 1 BGB if the subject matter of the contract is a product that is not prefabricated and is individually manufactured according to the buyer's wishes or is clearly tailored to the buyer's personal needs. By concluding the contract, the buyer acknowledges that he has no statutory right of cancellation due to the individual production.
(3) The supplier provides the following information about the sample cancellation form in accordance with the statutory provisions:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us).
 
- Bjørn Jansen Photography, Glärnischstrasse 5, D-78464 Konstanz :
- I/we (*) hereby cancel the contract concluded by me/us (*)
for the purchase of the following goods (*)/ the provision of the following service (*)
service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate 

§ 10 Copyrights

(1) The provider is the author of the image sold and retains all copyrights in accordance with the applicable statutory provisions, in particular the German Copyright Act (UrhG).
(2) With the sale of the image, the customer is only granted a simple right of use for private use. Commercial use - in particular reproduction, public exhibition, publication, digital distribution or other commercial utilisation - is expressly excluded and requires the prior written consent of the provider.

§ 11 Complaints/dispute resolution

(1) The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially 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 https://ec.europa.eu/consumers/odr/. 
(2) Nevertheless, we endeavour to find an amicable solution to any differences of opinion with our customers. The competent consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstr. 8, 77694 Kehl, www.verbraucher-schlichter.de. However, we declare that we are neither willing nor obliged to participate in dispute resolution proceedings. If you are therefore not satisfied with one of our offers, you are welcome to contact us at feedback@bjoernjansen.store.

§ 12 Data protection, data backup

(1) The Provider uses the infrastructure of a service provider to implement the Services. Only the personal data required for the complete fulfilment of the orders or services shall be passed on to the service provider. The data is processed and forwarded on the basis of Article 6(1)(b) of the EU General Data Protection Regulation.
(2) With regard to further regulations concerning data protection and data security, reference is made to the separate data protection declaration (LINK), which can be saved on the customer's computer and/or printed out for the purpose of the online order.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(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 provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.