GENERAL TERMS AND CONDITIONS OF
Welcome to Camera-Obscura.Photography!
Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products and services by Sefan Schubert (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these conditions carefully before placing an order with Sefan Schubert. By placing an order with Sefan Schubert you agree to the application of these terms and conditions to your order.
(4) On Camera-Obscura.Photography we offer the sale of the following products:
Camera-Obscura.Photography sells and trades chemicals, equipment and accessories for wet plate photography and alternative photography.
(5) On Camera-Obscura.Photography we offer the following services:
Production, filling, preparation of chemicals and products for photography
Conclusion of the contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The offers are directed exclusively to end customers with a billing and delivery address in Germany and Europe.
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the limitation is shown in the respective list price.
(3) The purchaser must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
(5) Your order represents an offer to Camera-Obscura.Photography to conclude a sales contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "Confirm order, confirmation" in the last step of the order.
(6) The purchase contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This refers both to the number of products ordered within the framework of one order and to the placing of several orders for the same product, where the individual orders cover a quantity customary in households.
(8) Your orders are 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.
(9) Access to the use of the Camera-Obscura.Photography service requires registration.
(10) By registering, the customer accepts the present terms and conditions. With the registration a contractual relationship is established between Camera-Obscura.Photography and the registered customer, which is based on the regulations of these terms and conditions.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely requested to make an offer.
(12) By ordering a service with costs, the registered customer enters a further contractual relationship with Camera-Obscura.Photography which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship is created when the customer confirms the order and payment obligation by clicking on the button "Confirm order, confirmation".
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
Description of the scope of services
The scope of Camera-Obscura.Photography consists of the following services:
The customer can register free of charge on the website. This serves only to collect the data necessary for the delivery of products.
Prices and shipping costs
(1) Our prices include the applicable statutory value added tax of currently 19% which will be calculated at the end of an order and include shipping costs and shipping surcharge. The shipping surcharges vary depending on the type of delivery and article condition.
The minimum order value of the goods is excl. VAT 50€ .If the order value is less than the VAT 12€ handling fee will be charged.
From 01.01.2021 NEW: The displayed value of the goods is NET without VAT. This is calculated with 19% at the end.
(2) Despite our best efforts, a small number of products in our catalog may be marked with the wrong price. We check the prices when we process your order and before we debit the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have listed, we will charge the lower amount and ship the product to you.
(3) 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.
(4) To use Camera-Obscura.Photography a registration is necessary first.
(5) In order to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(7) The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by Camera-Obscura.Photography (e.g. on the respective product detail page). We would like to point out that all information regarding availability, shipping or delivery of a product are only approximate and approximate guidelines. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If Camera-Obscura.Photography discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address given by him, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) The delivery is 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, gift card, direct debit, immediate transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Contract partner is Sefan Schubert. Regardless of your right of withdrawal you can cancel your order for a product at any time free of charge before the respective shipping confirmation has been sent.
(6) This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g. a CD or DVD), if the download or use (whichever is earlier) has begun.
(1) If you order products from Camera-Obscura.Photography for delivery outside of the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from Camera-Obscura.Photography you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
Terms of payment
(1) A fee is to be paid to Camera-Obscura.Photography in advance, at the time of the due date, without deduction.
(2) The customer can pay for the goods or services by the following payment methods:
Paypal (+5% fee)
Instant bank transfer
(3) Certain payment methods can be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(5) Should the customer choose an online payment method, the customer authorises the provider to collect the amounts due at the time of the order.
(6) If the provider offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(7) If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due.
(8) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer shall issue the Provider with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the Customer shall bear the costs for this.
(9) If the supplier offers payment in advance and the customer chooses this method of payment, the customer is obliged to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(10) Should the customer be in default of payment, the provider reserves the right to claim damages for delay.
(11) The minimum order value of the goods incl. VAT for new customers is 50€ . If the order value is undercut, a handling fee of 12€ incl. VAT will be charged.
Registration and cancellation
(1) Furthermore, the customer declares that he or she and, to his or her knowledge, no member of his or her household has not been convicted of an intentional criminal offence endangering the safety of third parties, in particular of a criminal offence against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, under reservation, entitled to cancel his registration at any time without giving a reason in writing by mail, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he/she can cancel at least 30 days before the booking period. If this deadline is not met, the chargeable service is extended by the selected booking period and the cancellation only becomes effective at the end of the following booking period. A cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given. In case of a cancellation by telephone, the individual telephone password is required.
(5) Camera-Obscura.Photography can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Camera-Obscura.Photography also reserves the right to remove profiles and/or any content published on the website by the user. If Camera-Obscura.Photography terminates the registration of the user and/or removes profiles or published contents of the user, Camera-Obscura.Photography is not obliged to inform the user about this nor about the reason of the termination or removal.
(6) Following any termination of any individual use of the services of Camera-Obscura.Photography, Camera-Obscura.Photography reserves the right to send information about this to other registered users who Camera-Obscura.Photography believes have been in contact with the user. Camera-Obscura.Photography's decision to terminate the user's registration and/or to notify other users with whom Camera-Obscura.Photography believes the user has been in contact does not imply or in any way indicates that Camera-Obscura.Photography is making statements about individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obliged not to make any intentional or fraudulent misrepresentations in their profile or other areas of the portal. Such statements may result in civil law action. Furthermore, the operator reserves the right in such a case to dissolve the existing contractual relationship with immediate effect.
(8) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user shall pay compensation for the remaining term of the contract in the amount of the agreed remuneration less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship all data of the user will be deleted by Camera-Obscura.Photography.
Limitation of liability (services)
(1) Camera-Obscura.Photography does not take responsibility for the content and the correctness of the information in the registration and profile data of the orderers as well as other contents generated by the orderers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating buyers. Therefore Camera-Obscura.Photography is not liable for services of the participating orderers. Accordingly, all matters concerning the relationship between the purchasers including, without exception, the services received by a seeker or payments due to purchasers are to be addressed directly to the respective party of the purchaser. Camera-Obscura.Photography cannot be held responsible for this and hereby expressly disclaims any and all liability of any kind including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) Sefan Schubert is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Sefan Schubert or an intentional or negligent breach of duty by a legal representative or vicarious agent of Sefan Schubert.
(4) Sefan Schubert Europe is only liable for other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely), if they are based on an intentional or grossly negligent violation of obligations by Sefan Schubert or on an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of Sefan Schubert.
(5) The claims for damages are limited to the foreseeable damage typical for the contract. In case of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall expire at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and of the debtor's person or would have to become aware of them without gross negligence (section 199(1) of the Civil Code).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and regulations and, if necessary, to delete it in whole or in part.
Set-off and right of retention
(1) The customer is only entitled to offsetting if the customer's counterclaim has been legally established or is not disputed by the provider.
(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Retention of title
Sefan Schubert reserves the right of ownership of the goods until full payment has been received.
Damage in transit
(1) Should the customer receive the goods with obvious transport damage, the supplier will ask him to make a complaint as soon as possible.
(2) Should the customer fail to lodge a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
(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: According to this, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on Camera-Obscura.Photography if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or not without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the purchaser 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.
Limitation of liability (products)
(1) The provider is liable for claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on contract-typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer, which are based on an injury of life, body or health.
(4) The regulations of the product liability law remain unaffected.
(5) As far as the liability of Camera-Obscura.Photography is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(1) If the purchaser is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke the contract without giving reasons.
The revocation period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must give us:
Holbeinweg 1172519 VeringenstadtGermany
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period and that you have returned the goods via our online return centre within the period defined below.
For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
(3) Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total scope of the services provided for in the Agreement.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract to
Holbeinweg 1172519 VeringenstadtGermany
to be returned or handed over. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
for the delivery of goods, which are manufactured according to customer specifications or clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
in case of services, if Camera-Obscura.Photography has provided them completely and you have taken note of them before ordering and have expressly agreed that we can start with the provision of the service and you lose your right of withdrawal in case of complete fulfilment of the contract;
for the supply of newspapers, periodicals or magazines, other than subscription contracts; and
for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but for which delivery can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control
Exclusion of the right of revocation
(1) The right of revocation does not apply to contracts
for the delivery of goods which 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;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature;
for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the persons concerned prior written consent.
(4) You have the right at any time to receive complete and free information from Camera-Obscura.Photography about the data stock concerning you.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
(5) You can contradict the storage of cookies, for this purpose a banner is available to you which you can contradict / accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted again. Instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Camera-Obscura.Photography only with the involvement of a parent or guardian.
(3) If you breach these terms and conditions and we do not take action against it, we shall still be entitled to exercise our rights on any other occasion in which you breach these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, conditions including these terms and conditions at any time. Your order shall be subject to the terms and conditions of sale, contractual terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they shall also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally admissible provision which corresponds to the sense and purpose of the invalid provision.