of the company
EGO3D
Robert Fischer
Lindenhof 15
45481 Mülheim/Ruhr
I. General Terms of Business
1 Contract partners
The contract partners in any order are only the person placing the corresponding order and ego-3D, Lindenhof 15, D-45481 Mülheim; referred to hereinafter as ego-3D.
2 Scope
(1) ego-3D executes the order on the basis of its General Terms of Business in the version currently valid at the point in time of placing the order. The General Terms of Business can be consulted on the ego-3D website in the very latest version under the link "Terms". Always subject to the version of the General Terms of Business published on the website of ego-3d at the point in time of placing the order.
(2) Any differently worded conditions of the customer are herewith contradicted, also for future business transactions. Any deviations from the General Terms of Business of portraitnet require written confirmation to become valid for every single transaction.
(3) The Terms of Delivery and Sale do not apply to offers for a restricted period of time (such as auctions and competitions, for example). ego-3D draws attention to the corresponding conditions in the context of such offers.
3 Conclusion of the contract
(1) The presentation of goods and services displayed on the portraitnet website does not constitute a binding offer. Such offers are to be understood as subject to confirmation and without engagement.
(2) The order sent by a customer through the internet, in writing, by phone or verbally and received by portraitnet is a binding offer.
(3) The order is only binding for ego-3D insofar as it has been confirmed in writing or fulfilled by sending the goods. The customer therefore waives receipt of an acceptance declaration.
4 Prices
(1) Orders are carried out at the prices valid on the day of the order.
(2) ego-3D is entitled to correct any inadvertently incorrect prices. If such correction results in a price increase, the customer is entitled to withdraw from the contract.
(3) All prices are stated in Euro and include statutory valid value added tax.
5 Shipment
(1) The goods are delivered by direct mailing, using the Post or another parcel service. The risk of perils passes to the customer as soon as the goods have left the company premises of ego-3D for shipment.
(2) The delivery time depends on the details given under II a) Delivery times on this page. All details stated with reference to a delivery time are without engagement and subject to availability of the ordered goods or services.
(3) ego-3D is entitled to make partial deliveries. Subsequent deliveries are made without charging for the shipping costs.
6 Shipping costs
The shipping costs are based on the current shipping costs table. The current shipping costs table can be found further down on this page under II b) Shipping costs.
7 Customs
Import duties can be incurred in countries outside the EU and the Canary Islands. These duties are to be paid by the customer. The amount of duties involved here depends on the corresponding import region. The customer is responsible for correct payment of the customs fees and duties.
8 Conditions of payment
(1) The customer decides which method of payment he prefers on placing his order. Any possible collect-on-delivery charges are to be paid by the customer.
(2) The purchase price is due for payment without any discount deductions once the goods have been dispatched by ego-3D.
(3) On choosing "Credit card" as method of payment, the customer/ordering person's credit card account is debited with the payment amount immediately on placing the order. On choosing "Direct debit" as method of payment, the customer/ordering person's current account is debited with the payment amount within three working days, depending on the individual bank.
(4) The contract and invoice currency is Euro. Subject to the statutory regulations in Germany and the EU for conversion to euros.
(5) In the case of returned direct debit notes, ego-3D will demand a refund from the customer for the charged bank fees.
9 Default, dunning costs
ego-3D charges a flat rate of 3.00 euros for dunning fees incurred when the customer defaults, unless verification is provided that no or far lower costs were incurred. This has no effect on further claims.
10 Right of withdrawal
(1) The customer has the right to withdraw from the purchase contract or to return the goods within 14 days after receiving the ordered goods. This ruling does not apply to:
- data carriers with broken seals (e.g. CDs, DVDs)
- customised goods (e.g. photo orders, photo gifts)
- goods damaged by the customer through gross negligence.
In this case, the value of the goods and, where applicable, the shipping/postage costs are transferred to the bank account stated on the order.
(2) ego-3D refunds the customer with the shipping/postage costs for goods valued at 40.00 euros and more, and in the case of justified complaints. In this case, the shipping/postage costs paid by the customer are credited to the customer's account with portraitnet, or refunded at the customer's explicit request.
(3) A copy of the delivery note must always be enclosed with all return deliveries. Only adequately stamped return deliveries are accepted.
11 Retention of title
(1) ego-3D retains the title to the purchased goods until payment has been received for all amounts due from the contract. In the case of delayed payments, ego-3D is entitled to withdraw from the contract and to demand the return of the purchased goods or to demand compensation.
(2) In the event that ego-3D is not able to provide the service it owes to the customer for reasons for which it is not responsible and which are not just temporary, the company is entitled to withdraw from the contract. In this case, you will be informed immediately by portraitnet about the reasons involved and about portraitnet's withdrawal from the contract. Payments which have already been made will be refunded without delay.
12 Offsetting; right of retention
(1) Offsetting is only permitted if your claim is undisputed or has been recognised by law.
(2) A right of retention only exists if your counter-claim is based on the same contractual relationship.
13 Warranty
(1) Justified notices of complaint can only be taken into consideration if they have have been reported to ego-3D within 14 days after receiving the goods, enclosing the delivery note/invoice with the return delivery. Justified notices of complaint refer only to technical inadequacies which could have been avoided using current state-of-the-art technology, but not including matters of taste. In the case of concealed defects which could have been avoided using current state-of-the-art technology, the period for reporting such faults amounts to six months from the transfer of risk. In the case of justified complaints, the customer has a claim to reworking or replacement delivery amounting to the material value of the goods or copies. The customer reserves the right to demand a reduction in payment or rescission of the contract, at his own choice, if reworking or replacement delivery of the goods fails to provide satisfaction.
(2) The warranty period extends for six months counting from the transfer of risk. The warranty period is a statutory limitation period and also applies to claims for compensation from consequential faults insofar as no claims ex delicto are asserted.
14 Liability
The liability of ego-3D, its legal representatives and vicarious agents is restricted to wilful intent and gross negligence. This does not apply to breach of major contract obligations and the lack of warranted properties. This does not affect liability according to the Product Liability Law.
15 Third party rights
(1) The customer assures that he holds the necessary copyrights, brand rights and other rights for the commissioned work and publications. He also assures that the personality rights of illustrated persons or property rights of illustrated objects are not violated and that necessary permission has been obtained.
(2) All consequences ensuing from any copyright or brand right violations or other violations of third party rights are borne solely by the customer. ego-3D draws explicit attention to the fact that in the case of contents which violate copyright, the customer can face considerable compensation claims from third parties.
(3) The customer herewith indemnifies ego-3D from any corresponding third-party claims and refunds the company with all resulting legal costs.
16 Data security
ego-3D warrants a high standard of state-of-the-art data security. However, the customer is responsible for making backups of his own data and information; no back-ups are made by ego-3D.
17 Data protection
(1) The data required for handling the business transactions are saved in strict compliance with the provisions of the German Data Protection Law / BDSG and the German Information and Communication Services Law / IuKDG, and possibly forwarded to third-party companies involved in processing the order. All personal data are treated with strict confidentiality. Portraitnet is entitled to send the personal data to the SCHUFA (German Credit Protection Agency).
(2) You are entitled to withdraw your corresponding consent at any time.
(3) In order to prevent any unauthorised access to your data, you are obliged to keep your access code (user name and password) used as access authorisation for portraitnet as a secret at all times.
(4) The data will not be forwarded for advertising purposes unless the customer has given his prior written consent.
18 Miscellaneous
(1) Subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) Place of fulfilment for deliveries, including freight paid deliveries and for the customer's obligations is the registered company address of portraitnet. The place of jurisdiction is the registered company address of ego-3D insofar as the customer is a merchant or commercial entity entered as such in the Register of Companies or the other prerequisites of section 38 Code of Civil Procedure are fulfilled. However, ego-3D is entitled to take legal action at any other place of jurisdiction.
(3) If any provision is or should become completely or partly ineffective, this does not affect the validity of the remaining part of the provisions nor the validity of the remaining Terms. In this case, the partners undertake to agree on a provision instead of the invalid provision, which comes as close as legally possible to the commercial purpose of the invalid ruling, taking account of the interests of the partners as expressed in the contract. The same applies if the contract proves to have a loophole which was not foreseen in advance by the partners.
II. Delivery time and shipping costs
§ 1 Delivery time
The delivery time amounts to approx. 10 days for all products.
§ 2 Shipping costs
We charge a flat rate of 3.50 euros shipping costs for delivery of the products.
as of: 01.07.2009 |