General Terms and Conditions

GENERAL TERMS AND CONDITIONS

§1 Scope of application

For business relationships between the image bank agency aperture/blende f16 and the user/customer,  the following general terms and conditions apply exclusively in the version available on the Internet at the time of the order. The website is primarily available in German, the contract language is German.

A translation into the English language is also available.

§2 Contractual partner

The contractual partner of the user/customer is the image bank agency aperture/blende f16 Albstatter Str. 9, 97295 Waldbrunn, Deutschland.

§3 Conclusion of contract

All services offered on this website of the image bank agency aperture/blende f16 (professional production of photo products of any kind) count in their entirety as non-prefabricated goods that, after individual selection and definition by the respective consumer (commercial customer or private customer), are custom-made in his order to be produced.

Before each order, the user/purchaser receives an individual, written offer on request via email about the photo motif produced for him as a custom-made product. By sending a written confirmation of the order by email, the user/purchaser accepts the offer and thus submits a binding and final contract offer. When placing the order, the customer states wheter he or she would like to pay by invoice payment in advance or online payment method. With the online payment method, the customer authorizes the payment either by entering the bank, credit card or acces data of a payment service provider. The image bank agency aperture/blende f16 reserves the right to maintain the payment authorization/reservation until the product has been completed, for a maximum of 28 days. The image bank agency will immediately confirm receipt of the order to the customer by email.

§4 Prices

The delivery of the goods takes place at the prices in Euros valid on the day the order is placed and stated in the written offer. The price is made up of the order value, the shipping costs and other price components and includes the applicable statutory sales tax.

When shipping to countries outside the European Union, additional customs fees may also apply. These are not included in the price and are to be paid by the customer.

§5 Delivery and dispatch

The delivery of the goods takes place according to the provisions set out on the website, unless otherwise agreed between the user/customer and the image bank agency aperture/blende f16. 

The delivery time is agreed individually or specified by us in the ordering process. The delivery is made by a shipping service provider to be selected by us. The customer has to pay a flat postage fee, which may depend on the order value and the location to which delivery is to be made.

§6 Payment

When placing the order, the customer states that he accepts payment in advance and would like to pay by participating in the online payment process. With the online payment method, the customer authorizes the payment either by entering the bank, credit card or access data of a payment service provider. The image bank agency aperture/blende f16 reserves the right to maintain the payment authorization/reservation until the product has been completed, for a maximum of 28 days.

The image bank agency aperture/blende f16 is obliged in accordance with the applicable statutory provisions for strong customer authentication (PSD II) to transmit certain legally prescribed personal data to the respective payment service provider when making an online payment. More information can be found here.

In the case of online payment, the customer expressly authorizes the contractural partner to collect the amount due in the context of the order. Should the collection of the payment fail for reasons for which the customer is responsible, the customer must reimburse the chargeback costs and any bank processing fees incurred.

The purchaser expressly agrees to the procedure for the SEPA payment and gives the image bank agency aperture/blende f16 a SEPA direct debit mandate (§127 BGB). The mandate issued is valid for the order (one-time mandate). With the dispatch confirmation, the customer receives a notification in advance about the creditor identification number, the mandate reference, the amount and the time of the upcoming SEPA direct debit (pre-notification). The submission deadline corresponds to the applicable standard requirements for payment transactions. The image bank agency aperture/blende f16 will collect the invoice amount due from the customer´s account, stating the bank details and the mandate reference. The SEPA dirct debit can be revoked within 8 weeks of the debit date. The claim remains unaffected.

As an alternative to participating in the online payment process, the customer can transfer the entire invoice amount for the ordered goods in advance when paying in advance. Only after the invoice amount has been received by the image bank agency aperture/blende f16 , the goods are produced and shipped as a custom-made product according to the individual customer requirements.

For logistical reasons, the image bank agency reserves the right to send the invoice in electronic form. In this case, invoices are sent by email in PDF format and are free of charge.

§7 Retention of title

The goods remain the property of the image bank agency aperture/blende f16 until all goods from the same order have been paid for in full.

§8 Right of withdrawal

If you are a natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed (consumer), you have a right of withdrawal according to § 312g i.V.m. §355 BGB

German federal code. You have the right to withdraw from this contract/purchase contract within fourteen days without giving any reason.

However, a right of withdrawal only applies to contracts for the delivery of goods that are prefabricated!

Exclusion of the right of withdrawal for non-prefabricated goods

According to § 312g section 2 BGB (German federal law book), there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the consumer´s personal needs!

All services offered on this website of the image bank agency aperture/blende f16 (professional production of photo products of any kind) count in their entirety as non-prefabricated goods that, after individual selection and definition by the respective consumer (commercial customer or private customer), are custom-made in his order to be produced.

The right of withdrawal for distance selling contracts in accordance with § 312g selection 1 BGB German federal code is excluded according to § 312g section 2 No.1 BGB German federal code, as the goods are manufactured according to the consumer´s specifications and are tailored to his personal needs.

In summary, there is no right of withdrawal for all services offered on this website in accordance with § 312g section 2 No.1 BGB (German federal law book) for distance contracts.

§9 Dispute resolution

The European Commission provides a platform for online dispute resolution that customers can access here.

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Nevertheless, we endeavor to find an amicable solution in the event of differences of opinion with our customers

§10 Claims for defects

The statutory provisions apply to the rights of the consumer in the event of material defects and defects of title, unless otherwise specified below. If the goods are defective, the purchaser is entitled to choose between subsequent performance in the form of rectification of the defect (subsequent improvement) or delivery of a new, defect free item (subsequent delivery). However, the image bank agency aperture/blende f16 is entitled to refuse the selected type of supplementary performance if this can only be carried out with disproportionate costs and if the other type of supplementary performance would not result in any significant disadvantages for the customer. If the supplementary performance has failed, the customer can choose to withdraw from the contract or reduce the purchase price.

Technical and design deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information on our website, in our brochures, catalogs and other written and electronic documents with regard to color, contrast, material properties, weight, dimensions, design or similar features, insofar as these are for the customer are reasonable. Reasonable reasons for changes can result from commercial fluctuations and technical production processes.

§11 Final provisions/place of jurisdiction/place of performance

The place of performance for all deliveries is the registered office of the image bank agency aperture/blende f16 in Waldbrunn.

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.

If the customer does not have a general place of jurisdiction in Germany or has moved his place of residence abroad after the conclusion of the contract, or if the place of residence is not known at the time the action is brought or if the customer is a businessman and acts in this capacity, the place of jurisdiction for all disputes is the place of business.

Should individual provisions of this contract with the consumer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

Last update: January 2025