Astrophotography.art

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Terms And Conditions

Art is the focus of our work. However, since we are selling a product, there is no avoiding the necessity of giving these transactions a contractual basis. This is the purpose of the rules set out below, which we agree are binding between you and us.

‘us’ being:

Mark James Ford and Ines Mondon-Ford
Astrophotography.art
Feldbergstrasse 96b

61389 Oberreifenberg
Germany
E-Mail: info@astrophotography.art

Our Terms And Conditions are intended to regulate the business relationship between you and us in a binding and fair manner. Therefore, the basis for all orders is always the following Terms And Conditions of Astrophotography.art, of which you confirm acknowledgment and comprehension by placing an order with us. You can view the terms and conditions here and print them out if required.

The following Terms And Conditions shall apply exclusively to the business relationship between Astrophography.art and the customer in the version valid at the time of the order. Any deviating terms and conditions from the customer side shall not be recognised by us unless we have expressly agreed to their validity in writing.

We would also like to point out the following in advance: The papers, chemicals and other materials used in source materials and the manufacturing process may, change slightly over time. In particular, changes may occur over time due to high temperatures, high humidity – or high fluctuations thereof – as well as solar radiation. In order for you to enjoy our products for an extended time, the photographs, laminations and frames should not be exposed to direct sunlight in whole or in part, nor hung directly over heaters, nor exposed to humidity levels exceeding those of normal residential spaces. Accordingly, photographs, laminations and frames are not suitable for outdoor spaces, basements, bathrooms and kitchens. Laminations with acrylic glass are very sensitive to scratches and stains and should therefore only be handled with gloves or comparable protection.

GENERAL RULES
1. What services do we provide?

At your request via the input tools provided and according to your specification, we will create physical photographs, i.e. digital data reproduced on a mounting material with lamination and framing and ship these to you.

2. What is the process for ordering from Astrophotography.art?

The presentation of products in the online store does not constitute a legally binding offer, but a non-binding online catalog. The products selected by you via the button “Add to Basket” or “Add to Cart” will be summarised once again in an order overview at the end of the ordering process. In this case, you should check all the information provided during the ordering process and complete or correct it as required. By clicking the “Place Order” button, you are submitting your order information and making a binding declaration to Astrophotography.art that you wish to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order.

Immediately after submitting the order, you will receive an order and contract confirmation by e-mail, in which the details of your order will be listed again.

For your security, we recommend that you print out the order details and the Terms And Conditions in force at the time of ordering.

German is the contractual language available to you.

3. How can I cancel my order?

We would like to point out that works from the astrophotography.art, though a recommendation is directly purchasable, are available in alternative sizes and framing options. For such individual works (“individual product”) from Astrophorography.art, the right of revocation is excluded, as the created works are individually produced according to your specifications and tailored to your personal needs. For individual products, the right of revocation of the order according to § 312(g)(2)(1) of the German Civil Code (BGB) (right of revocation and return for distance sale contracts) is excluded.

4. When and how will the ordered work be delivered?

The delivery time for a standard delivery in Europe is approximately 10-12 working days from the order date. Outside Europe, delivery times may vary but should be approximately 15-18 working days.

Unless otherwise agreed, delivery shall be made from the site of manufacture to the delivery address specified by you. After delivery, you will usually receive a confirmation email from us.

If possible, an order will be delivered in one shipment. We are entitled to make partial deliveries, insofar as this is reasonable.

5. What factors have to be considered for a delivery outside of Germany?

If any taxes, customs duties or additional fees are incurred when shipping to countries outside of the EU, these will be borne by you.

7. How much are the shipping costs?

Cost of delivery (except as stated in clause 6) within Europe is born by Astrophotography.art. Outside Europe additional shipping costs based on the size of the work ordered will be incurred. These can be calculated before proceeding to check-out.

6. What prices will we be charged?

The prices for our services pursuant to Section 2 of these Terms And Conditions are derived from the current price list, which can be viewed during the order process.

The prices stated in the online store are final prices including VAT.

We are entitled to change the price list at any time without separate notification.

7. How is payment made?

The payment options that are available include PayPal, Apple Pay, Google Pay, Credit Card, and Giropay.

The purchase price is to be paid in advance.

PayPal: In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then governed by the terms of PayPal.

8. Retention of title

The executed works shall remain the property of Astrophotogaphy.art until full payment has been made.

19. What are your obligations to cooperate and responsibilities as the purchaser?

The content stored on the Astrophotography.art website may not be copied or distributed, or used or reproduced in any other way, without prior written consent. This also applies to copying by means of “robot/crawler” search engine technologies or by other automatic mechanisms.

10. What is the warranty for our services?

We are liable for defects or damages up to delivery and opening of any packaging materials in accordance with the applicable statutory provisions.

In the unlikely event that the delivery packaging has suffered serious material damage, this should be documented photographically prior to opening the packaging.  Any consequential damage to the delivered work should be clearly documented and should be obviously a result of the initial damage to the external packaging. This should be sent to us as soon as possible. Upon confirmation from us that the damage occurred as a result of transport and delivery, we will send a shipping label to be used for the return of the damage goods, which must be packed in a manner sufficient to avoid further damage. Upon receipt of the damage goods, a new order will be initiated by us. You will receive notification from us that the new order has been initiate and a new anticipated delivery date will be given to you. 

11. What happens to my personal data?

You can find all relevant information to this regard in our privacy policy.

12. How long are the Terms And Conditions valid?

These Terms And Conditions shall apply exclusively in the version valid at the time of the order. We do not recognise any deviating conditions on your side unless we have expressly agreed to their validity in writing.

13. Which law and which jurisdiction are applicable to this contract?

The Terms And Conditions are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

14. Information on online dispute resolution pursuant to Art 14(1) ODR Regulation and §§ 36(f) VSBG (German Consumer Dispute Resolution Act).

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

In any case, you may contact the

Zentrums für Schlichtung e.V.
(General Consumer Arbitration Board of the Center for Arbitration)
Straßburger Str. 8,
D-77694 Kehl
Phone: +49 7851 79579 40
Fax: +49 7851 79579 4
Email: mail@verbraucher-schlichter.de
Internet: verbraucher-schlichter.de

 

Status: September 2023
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