General Terms and Conditions with Cancellation Policy and Customer Information
1 Scope of application
1.1 For the business relationship between framingstreets.com and the customer, the following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively in the version valid at the time of the order.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur (also referred to as a business customer) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Freelancers or legal entities under public law (e.g., public authorities) shall also be deemed to be business customers. We reserve the right to verify the entrepreneurial status of a customer, e.g. by submitting suitable documents (business registration, etc.).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2 Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller, do not have the character of an assurance or guarantee. Errors and omissions excepted.
3 Order process and conclusion of contract
3.1 The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart by clicking the button “Add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, or alternatively immediately, the customer can click on the button “Pay now.” to complete the ordering process. Via the “Buy Now.” button, the customer is immediately taken to the selection of the payment method within the framework of a so-called “Express Checkout”. Furthermore, if available, voucher codes can be entered within the shopping cart.
3.2 By clicking on the buttons “Checkout”, “Proceed to payment method” and “Check order”, the customer is taken to the order completion page and is asked beforehand to provide personal, address and contact data and to specify the payment method.
3.3 Also on the order completion page, the customer receives an overview of the ordered products, is asked to agree to the terms and conditions and is informed about his right of withdrawal.
3.4 By clicking on the button “Order with costs”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked as such, or if in principle all information in a form is required, the non-required information is marked.
3.5 The customer, depending on the selected payment method, will then be directed to the payment process.
3.6 The Seller shall then send 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 (order confirmation).
3.7 The automatic confirmation of receipt in the online store as well as the acceptance of the order via other means of remote communication merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application to conclude the contract. The purchase contract is only concluded when the seller has made the ordered product available to the customer within 3 days, has transmitted it or has confirmed the conclusion of the contract to the customer within 3 days with a second e-mail, express order confirmation or sending of the invoice. The contract is also concluded when the payment has been made.
3.8 If the seller allows payment in advance, the contract is also concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4 Prices and shipping costs
All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
5 Delivery, Product Availability
5.1 Delivery shall be made by providing an online download option for the purchased products or by sending the product directly (e.g. by e-mail).
5.2 If payment in advance has been agreed, the products will be sent or made available after receipt of the invoice amount.
5.3 If the ordered product is not available through no fault of the Seller (e.g., because required software is changed by its provider, as far as product-related, without notice), the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the provision of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already paid.
6 Payment modalities
6.1 The customer can choose from the available payment methods within the scope of and before completion of the order process. Credit card, PayPal, Apple Pay, Shopify Pay, Klarna and Google Pay are available as payment methods.
6.2 If payment by invoice is possible, payment must be made within 14 days after receipt of the product and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal and Google or Klarna. their terms and conditions apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The Customer’s obligation to pay default interest shall not preclude the Seller from claiming further damages for default.
6.6 The Customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7 Retention of title
7.1 The delivered products remain the property of the seller until full payment has been made.
8 Warranty for material defects and guarantee
8.1 For customers who are entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation obligations for the right of withdrawal according to §478 BGB remain unaffected. If the delivered product is defective, the Seller shall initially provide warranty to customers who are entrepreneurs, at its discretion, by remedying the defect (rectification) or by delivering a defect-free product (replacement delivery).
8.2 The warranty shall otherwise be governed by statutory provisions.
8.3 A warranty exists for the products delivered by the seller only if this was expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10 Cancellation policy for consumers
Information on the right of withdrawal for consumers for the delivery of digital content that is not delivered on a physical data carrier (e.g. e-book, software download).
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
When purchasing digital products (Lightroom presets, LUTs and other digital goods in the form of software or files), the purchaser automatically waives the right of withdrawal, as digital goods/downloads irrevocably become the property of the purchaser after download. In this case, a revocation can only be made if the buyer has not yet downloaded the files.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of cancellation shall expire prematurely if we have only begun to perform the contract after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of cancellation upon commencement of the performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
11 Storage of the text of the contract
11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but no later than upon delivery or provision of the product, the customer also receives a copy of the terms and conditions together with the cancellation policy. In addition, the seller stores the text of the contract, but does not make it available on the Internet.
12. final provisions
12.1 The contractual relationship with the Seller is not transferable to other persons or companies.
12.2 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions with Cancellation Policy and Customer Information