Terms of service
Terms of Service
I. General terms and conditions
- a. For the business relationship between us (hereinafter "Calumet") and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer will not be recognized, unless Calumet expressly agrees to their validity.
- b. The customer's contractual partner is Calumet Photographic GmbH, Bahrenfelder Straße 260, 22765 Hamburg.
2. Subject matter of the contract
- a. The subject of the contracts concluded with Calumet can initially be the purchase of goods or digital products such as B. software or learning material.
- b. The contracts concluded with Calumet can also include events such as courses and seminars. These are offered either as online events or as face-to-face events at specific locations.
- c. The respective subject matter of the contract can always be found in the specific service or article description.
3. Offers, conclusion of contract
- a. The range presented by Calumet does not represent a binding offer on the part of Calumet, but serves as an invitation to submit a binding offer by the customer.
- b. If Calumet submits an express offer to the customer orally, in writing or in text form, the customer can accept this by making a corresponding declaration to Calumet.
- c. The following provisions apply to the Calumet online shop:
- i. In the online shop, the customer can select products from the range and use a " in the cart"Collect the labeled button in a virtual shopping cart. At any time, the customer can view the contents of the shopping cart by pressing the" Shopping cart "button and change them using the functions provided for removing, adding or adjusting items.
- ii. When you click the "Checkout"The customer has the option of logging in to his customer account or registering for one and thus entering or selecting his address. The customer can again see the selected articles in the shopping cart overview and use the functions provided to remove or adjust articles The customer also has the option of selecting the payment method here. Via the button "Order now for a fee"he makes a binding offer to buy the goods in the shopping cart.
- iii. If Calumet offers an instant payment system as a payment method and the buyer chooses this option, the customer will first be forwarded to the website of the provider of the respective instant payment system for authentication. After authentication, he will be redirected to the online shop, where the order can be completed as described above.
- iv. Calumet will immediately confirm receipt of the offer to the customer by means of 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 printing function provided by his device.
- v. Calumet accepts the buyer's offer by sending this confirmation of receipt. If Calumet requests the customer to pay the purchase price after submitting his order and the confirmation of receipt has not yet been received at this point in time, Calumet implicitly accepts the customer's offer with this request for payment.
- vi. The contract language is German.
- vii. The text of the contract is saved by Calumet and sent to the customer in text form after the order has been sent, along with the present General Terms and Conditions and the cancellation policy. In addition, the text of the contract is archived on the Calumet website and can be accessed by the customer via his password-protected customer account, provided that the customer has created a customer account in the online shop before submitting his order.
4. Purchase of articles
- a. Calumet offers the customer to buy goods from the customer. The customer can choose to receive a payment or a credit that can be offset against purchases at Calumet. The purchase is only made in commercial quantities. Calumet is entitled at any time to request proof of ownership from the customer.
- b. The customer has the option of offering his goods by e-mail, using a form provided online or by telephone or in person in a branch and describing their condition truthfully.
- c. Calumet then makes the customer an initial offer, at what price the goods could be purchased. This is not yet an offer in the legal sense, but only an initial assessment. However, this initial offer is already limited in time and is subject to the timely sending of the goods by the customer and the reservation that the sent goods correspond to those described by the customer, as well as the correctness of the condition description by the customer.
- d. After submitting this initial offer, the customer has 14 days to send the offered product to Calumet. The customer is obliged to use the shipping label provided by Calumet for sending the goods if he does not hand in the goods in a Calumet branch. The customer is also obliged to back up any data stored on a device sent in. The customer is asked to delete data carriers himself before sending them.
- e. Upon receipt of the goods, Calumet will check them immediately and make the customer a final offer or refuse to purchase the goods. In a final offer is Calumet's declaration of intent to purchase an item at a certain price. If Calumet refuses to submit a final offer, Calumet will return the product free of charge to the address provided by the customer. If the check makes a change to the article, such as the removal or attachment of stickers, the removal of protective covers or the opening of packaging, the customer cannot derive any claims against Calumet from this.
- f. The customer can declare within 14 days whether he will accept or decline the final offer. The declaration must at least be made in text form.
- G. If the customer accepts the offer from Calumet, the purchase price is paid out or made available for purchases from Calumet in the form of a shopping credit. If the customer rejects Calumet's offer, or if the customer does not respond within the acceptance period, Calumet will return the product free of charge to the address provided by the customer.
- H. If the customer accepts Calumet's offer, he undertakes to indemnify Calumet against all third-party claims of whatever type and origin on the products offered and to compensate for any damage, including the costs of any legal and / or legal claims that may be necessary or necessary judicial help, which Calumet therefore or arise from it.
- i. If a purchase is out of the question for Calumet, Calumet may offer the customer the opportunity to sell the goods sent on commission. In this regard, Calumet will submit an offer to the customer, which the customer can either accept or reject in accordance with the above regulations.
5. Special provisions for workshops and events
- a. Workshops that take place online, as well as face-to-face events, can generally be booked in accordance with the above regulations for the purchase of goods and digital products. However, the following special conditions apply.
- b. By submitting the shopping cart, the customer submits a binding offer to book the respective event.
- c. If an event requires a minimum number of participants, we accept the customer's offer under the condition resolved that the minimum number of participants will be reached at the specific time. If the number of participants is not reached and the event is not carried out, the customer will immediately receive back any payment that has already been made.
6. Repair services
- a. Calumet offers the customer the option of checking the customer's goods and repairing them if necessary. The customer can either hand in defective goods in one of the branches or send them in by post.
- b. The customer has the option of placing a repair order using a form provided or in person at the branch.
- c. In principle, Calumet provides the customer with a cost estimate, which is subject to a fee, and at what price the repair could be carried out. The costs for this will be offset against a later repair. The submission of a cost estimate does not occur if the customer expressly requests repairs without a prior cost estimate, or if the repair is unconditionally commissioned if a certain repair value is not exceeded. The customer can also indicate that it is a guarantee or warranty case.
- d. If the customer does not request a cost estimate and it is not a guarantee or warranty case, the customer submits his contract declaration for the execution of the repair service. Calumet accepts this by starting the repairs. If the customer requests a cost estimate, this represents an offer from Calumet to carry out the repair service under the conditions stated there. After submitting this cost estimate, the customer has 14 days to commission the repair service. If the customer orders the repair service, he is also obliged to back up any data stored on a device that has been sent in. The customer is asked to delete data carriers himself before sending them.
- e. After the repair has been carried out, the repaired goods can be sent back to the customer or made available for collection in one of the branches.
7. Prices and Costs
- a. All prices quoted by the seller are total prices including the applicable statutory sales tax.
- b. Any additional delivery and shipping costs incurred are specified separately in the respective product description and in the order form and are to be borne by the buyer, unless the buyer as a consumer makes use of his right of withdrawal.
- c. If the seller delivers to countries outside the European Union, additional costs may be incurred in individual cases, which are to be borne by the customer. These include, for example, the costs of money transactions (e.g. transfer fees, costs for foreign currencies) or duties or taxes under import law (e.g. customs duties and import sales tax).
- d. The due date of the purchase price depends on the payment method offered by the seller and the payment method selected by the customer.
- i. In principle, payment is due immediately upon conclusion of the contract.
- ii. If the seller offers the payment method "cash on delivery" and the customer selects this, payment is due upon delivery of the goods.
- iii. Insofar as the seller offers the payment method "on account" and the customer selects this, the purchase price must be paid within ten days of receipt of the invoice and delivery of the goods without deduction, unless otherwise agreed.
- iv. In cooperation with CreditPlus Bank AG (hereinafter CreditPlus) Augustenstrasse 7, 70178 Stuttgart (registered in the commercial register of the Stuttgart District Court under HRB No. 15624), we offer you the financing option.
To do this, select the "Financing" payment method in the order process. After entering your data and submitting it to CreditPlus online, the creditworthiness check is carried out. The acceptance of the financing application lies exclusively with Credit-Plus and is made on the basis of the information you have provided and the documents you have submitted.
The contractual partner of the credit agreement is therefore CreditPlus alone. If the credit decision is positive, the goods will only be delivered after the identification process has been successfully carried out (Post-Ident or Video-Ident including online contract signing) and the required documents have been received. In the event of a negative credit decision, you can choose an alternative payment method.
Further information on CreditPlus Bank is available here (ext. link).
8. Delivery, availability
- a. If a delivery has been agreed, the goods will be dispatched by post or parcel.
- b. The supplier bears the shipping risk if the buyer is a consumer. This does not apply if the buyer is an entrepreneur.
- c. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier. In the event that the goods are unavailable or only partially available, the buyer will be informed immediately and any consideration already paid will be reimbursed immediately.
9. Retention of title
- a. In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
- b. In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
- c. If the buyer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The buyer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The buyer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the buyer meets his payment obligations to the seller. The seller undertakes to release the securities to which he is entitled at the buyer's request insofar as the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
- a. The seller is generally liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
- b. The warranty period for used items is one year from delivery of the goods. Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply to the seller's culpably caused damage resulting from injury to life, limb or health or other damage caused intentionally or through gross negligence and also not if the seller fraudulently concealed the defect or provided a guarantee for the quality of the Thing has taken over.
- c. The following regulations also apply to entrepreneurs:
- i. Only the seller's own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- ii. In the event of defects, the seller has the choice of whether the warranty is carried out through repair or subsequent delivery. If the elimination of the defect fails, the buyer can either demand a reduction in price or withdraw from the contract. The removal of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect indicates otherwise.
- iii. The warranty period is one year from date of delivery. The above restriction does not apply to the seller's culpably caused damage resulting from injury to life, limb or health or other damage caused intentionally or through gross negligence and also not if the seller fraudulently concealed the defect or provided a guarantee for the quality of the Thing has taken over. In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to §§ 478 ff. BGB remain unaffected.
- d. For data carriers, it is up to the buyer to carry out data backups in order to avoid data loss. If the buyer does not back up data, this must be taken into account as contributory negligence when calculating any damage.
11. Dispute Resolution
- a. The EU Commission has provided a platform for online dispute resolution. This platform can be reached under the following link: http://ec.europa.eu/consumers/odr/ (ext. Link)
- b. We are neither willing nor obliged to take part in dispute settlement procedures before a consumer arbitration board.
12. Final provisions
- a. The law of the Federal Republic of Germany to the exclusion of the UN sales law applies to contracts between the seller and the buyer. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- b. If the buyer 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 buyer and the seller is the seat of the seller.