Terms of service

General Terms and Conditions

1. Scope

a. The business relationship between us (hereinafter referred to as “Calumet”) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognized unless Calumet expressly agrees to their validity.

b. The customer's contractual partner is Calumet Photo Video GmbH, Friesenweg 12, 22763 Hamburg, Germany.

2. Subject matter of the contract

a. The subject matter of contracts concluded with Calumet may initially be the purchase of goods or digital products such as software or learning materials.

b. The subject matter of contracts concluded with Calumet may 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 item description.

3. Offers, conclusion of contract

a. The range presented by Calumet does not constitute a binding offer on the part of Calumet, but serves as an invitation to the customer to submit a binding offer.

b. If Calumet makes an explicit offer to the customer verbally, 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 collect them in a virtual shopping cart by clicking on the button labeled “Add to cart.” The customer can view the contents of the shopping cart at any time by clicking on the “Shopping cart” button and change them using the functions provided for removing, adding, or adjusting items.

ii. By clicking on the “Checkout” button, customers can log in to their customer account or register for one and enter or select their address. The customer can once again view the selected items in the shopping cart overview and change them using the functions provided for removing or adjusting items. The customer also has the option of selecting the payment method here. By clicking on the “Order now” button, the customer submits a binding offer to purchase the goods in the shopping cart.

iii. If Calumet offers an instant payment system as a payment method and the buyer selects this option, the customer will first be redirected to the website of the provider of the respective instant payment system for authentication. After authentication, they will be redirected back 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 email, in which the customer's order is listed again and which the customer can print out using the print function provided by their device.

v. Calumet accepts the buyer's offer by sending this confirmation of receipt. If Calumet requests payment of the purchase price from the customer after the customer has placed their order and the customer has not yet received the confirmation of receipt at this point, Calumet accepts the customer's offer implicitly through this request for payment.

vi. The contract language is German.

vii. The contract text is stored by Calumet and sent to the customer in text form after the customer has submitted their order, together with these General Terms and Conditions and the cancellation policy. In addition, the contract text is archived on Calumet's website and can be accessed by the customer via their password-protected customer account, provided that the customer has created a customer account in the online shop before submitting their order.

4. Purchase of items

a. Calumet offers to purchase goods from the customer. The customer can choose to receive a cash payment or a credit note that can be used for purchases at Calumet. Purchases are only made in commercially reasonable quantities. Calumet is entitled to request proof of ownership from the customer at any time.

b. The customer has the option of offering their goods by email, via an online form, by telephone, or in person at a branch, and must describe their condition truthfully.

c. Calumet will then make the customer an initial offer for the price at which 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 time-limited and is made subject to the customer sending the goods in good time and the goods sent in corresponding to the customer's description and the accuracy of the customer's description of the condition.

d. After this initial offer has been made, 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 the shipment if they do not hand in the goods at a Calumet store. The customer is also obliged to back up any data stored on a device sent in. The customer is requested to delete any data from data carriers themselves before sending them in.

e. Upon receipt of the goods, Calumet will inspect them immediately and make a final offer to the customer or refuse to purchase the goods. A final offer constitutes Calumet's declaration of intent to purchase an item at a specific price. If Calumet refuses to make a final offer, Calumet will return the product free of charge to the address provided by the customer. If the inspection results in a change to the item, 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 has 14 days to declare whether they accept or reject the final offer. The declaration must be made in writing at least.

g. If the customer accepts Calumet's offer, they will receive the purchase price in cash or in the form of a shopping credit for purchases at Calumet. If the customer rejects Calumet's offer or 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, they undertake to indemnify Calumet against all third-party claims of any kind and origin relating to the products offered and to compensate Calumet for any damages, including the costs of any legal and/or judicial assistance that may be necessary or appear necessary as a result.

i. If Calumet does not consider a purchase, Calumet may offer the customer the opportunity to sell the goods sent in on commission. Calumet will submit an offer to the customer, which the customer may accept or reject in accordance with the above provisions.

5. Special provisions for workshops and events

a. Workshops that can take place online as well as face-to-face events can generally be booked in accordance with the above provisions on the purchase of goods and digital products. However, the following special conditions apply.

b. By submitting the shopping cart, the customer makes 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 that the minimum number of participants is reached at the specific time. If the number of participants is not reached and the event is not held, the customer will immediately receive a refund for any payment already made.

6. Repair services

a. Calumet offers to inspect the customer's goods and repair them if necessary. The customer can either drop off defective goods at one of the stores or send them by mail.

b. The customer has the option of placing a repair order using a form provided or in person at the store.

c. Calumet will generally provide the customer with a cost estimate for the price at which the repair could be carried out. The costs for this will be credited towards a later repair. A cost estimate will not be provided if the customer expressly requests a repair without a prior cost estimate or if the repair is absolutely commissioned if a certain repair value is not exceeded. The customer may also indicate that the repair is covered by a warranty or guarantee.

d. If the customer does not request a cost estimate and the repair is not covered by a warranty or guarantee, the customer submits their contractual declaration to have the repair carried out by sending in the item. Calumet accepts this by commencing the repair. If the customer requests a cost estimate, this constitutes an offer by Calumet to carry out the repair service under the conditions stated therein. After this cost estimate has been submitted, the customer has 14 days to commission the repair service. If the customer commissions the repair service, they are also obliged to back up any data stored on the device sent in. The customer is requested to delete any data from data carriers themselves before sending them in.

e. After the repair has been carried out, the repaired goods will be returned to the customer at their request or made available for collection at 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 will be specified separately in the respective product description and in the order form and shall be borne by the buyer, unless the buyer, as a consumer, exercises their 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, money transfer costs (e.g., transfer fees, foreign currency costs) or import duties or taxes (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 selected by the customer.

i. In principle, payment is due immediately after conclusion of the contract.

ii. If the seller offers the payment method “cash on delivery” and the customer selects this option, payment is due upon delivery of the goods.

iii. If the seller offers the payment method “on account” and the customer selects this option, the purchase price is payable without deduction within ten days of receipt of the invoice and delivery of the goods, unless otherwise agreed.

iv. In cooperation with CreditPlus Bank AG (hereinafter CreditPlus), Augustenstraße 7, 70178 Stuttgart (registered in the commercial register of the Stuttgart Local Court under HRB No. 15624), we offer you the payment method “financing.”

To do so, select the “Financing” payment method when completing your order. After you have entered your data and submitted it online to CreditPlus, a credit check will be carried out. Acceptance of the financing application is at the sole discretion of CreditPlus and is based on the information you have provided and the documents you have submitted.

The contractual partner for the credit agreement is therefore CreditPlus alone. If the credit decision is positive, the goods will only be delivered after the identification procedure (Post-Ident or Video-Ident including online contract signing) has been successfully completed and the necessary documents have been received. In the event of a negative credit decision, you can choose an alternative payment method.

Further information about CreditPlus Bank is available here (external link).

8. Delivery, availability

a. If delivery has been agreed, the goods will be shipped by post or parcel service.

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 delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier. In the event of non-availability or only partial availability of the goods, the buyer will be informed immediately and any consideration already paid will be refunded immediately.

9. Retention of title

a. The seller retains title to the delivered goods until the purchase price owed has been paid in full by consumers.

b. The seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full by entrepreneurs.

c. If the buyer is acting as a business, they are entitled to resell the goods subject to retention of title 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 goods subject to retention of title 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 itself remains unaffected. However, the seller will not collect the claims as long as the buyer meets its payment obligations to the seller. The seller undertakes to release the securities to which it is entitled at the buyer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at the discretion of the seller.

10. Warranty

a. The seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).

b. For used items, the warranty period 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 limitation does not apply to damages attributable to the seller, culpably caused by injury to life, limb, or health, or to other damages caused intentionally or by gross negligence, nor does it apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item.

c. The following additional provisions apply to entrepreneurs:

i. Only the seller's own information and the manufacturer's product description shall be deemed 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 shall have the choice of whether to provide warranty by repair or replacement. If the defect cannot be remedied, the buyer may, at its discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect indicates otherwise.

iii. The warranty period is one year from delivery of the goods. The above limitation does not apply to culpable damage attributable to the seller resulting from injury to life, limb, or health, or to other damage caused intentionally or through gross negligence, nor does it apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. In addition, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to §§ 478 ff. BGB remain unaffected.

d. For data carriers, it is the buyer's responsibility to perform data backups to prevent data loss. If the buyer does not perform data backups, this shall be taken into account as contributory negligence when calculating any damages.

11. Dispute resolution

a. The EU Commission has provided a platform for online dispute resolution. This platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/ (external link)

b. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final provisions

a. Contracts between the seller and the buyer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country 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 seller's registered office.