§ 1 Scope

1. The following general terms and conditions are part of the contract between DEMIFRAY UG, Oelßnerstraße 20, represented by managing director Thomas Wallys, based there (hereinafter: DEMIFRAY UG) and the customer (hereinafter: customer) as well as their legal successors.

2. DEMIFRAY UG provides services, services and deliveries exclusively on the basis of these general terms and conditions, insofar as they have been effectively included in the contract.

 

§ 2 Contract / Contractual Services

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1. The presentation of the services, particularly in brochures, advertisements and on the Internet, does not constitute a binding offer.

2. A contract is only concluded with a written order confirmation from DEMIFRAY UG or implicitly with the start of contract execution by DEMIFRAY UG. Subsidiary agreements, changes and additions are only valid if DEMIFRAY UG confirms them in writing.

3. Orders and delivery addresses outside the Federal Republic of Germany and Austria will only be accepted with prior agreement. Any payments that have already been made will be transferred back or credited to the credit card account in the event of non-delivery.

 

§ 3 Copyrights

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1. The creators, photographers, models and DEMIFRAY UG remain the authors of the photographs and products shown

2. DEMIFRAY UG grants a private right of use.

3. The products sold as such may only be used by the customer for private use indefinitely and worldwide. In particular, commercial resale, as well as any reproduction, distribution, making publicly available, modification and processing of the products, is prohibited.

 

§ 4 Delivery, delivery times, delivery partners

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1. Delivery takes place ex warehouse unless a deviation confirmed in writing has been agreed.

2. Not all products are available in bulk from stock. For subsequent or individual productions, the delivery time can take between 5 and 10 days.

3. In the event of delivery disruptions that are not within DEMIFRAY UG's control (particularly due to force majeure) and were not culpably caused by DEMIFRAY UG, DEMIFRAY UG is entitled to withdraw from the contract, provided that the hindrance to performance is not only of a temporary nature. During the time of the obstacle, DEMIFRAY UG will not be in default. The purchase price already paid will be refunded in the event of cancellation.

4. Orders and any services will only be fulfilled by DEMIFRAY UG if there are no outstanding payments from other contracts. Payments will first be offset against outstanding claims, interest and costs, in the chronological order in which they are due.

5. For shipping, we pass on the postal address and, if available, email address to our shipping service provider so that the package can be delivered to you, but you can also receive information in advance about the time of delivery from our shipping service provider. This transmission takes place on the basis of §5 PDSV (Postal Service Data Protection Ordinance) and §28 Paragraph 1 BDSG (Federal Data Protection Act) as part of the shipping order between DEMIFRAY UG and the shipping service provider for the purpose of delivery and does not require the recipient's consent. The shipping service provider processes this data exclusively for this purpose and for no other purpose. The data is collected on an order/shipment basis and, within the framework of the legal requirements for archiving periods, is also stored on a shipment basis in our databases, for example for complaints and billing purposes.

 

§ 5 Payment conditions

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1. The purchase price is due immediately upon conclusion of the contract and will be booked in advance. The direct debit or debiting of the credit card takes place when the order is completed.

2. All prices are to be understood as end customer prices including statutory sales tax.

3. The customer is entitled to pay using the payment options listed in point (8) in collaboration with PayPal and direct bank transfer.

4. If the customer does not meet his payment obligations, in particular reverses payments or stops his payments, or if DEMIFRAY UG becomes aware of other circumstances that call the customer's creditworthiness into question, DEMIFRAY UG is entitled to demand that the entire remaining debt is due.

5. DEMIFRAY UG reserves the right to charge an appropriate processing fee for return debits from direct debit or credit card reversals, to be determined in each individual case, unless the customer is not responsible for the return debit or credit card reversal.

6. All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are at the customer's expense. All prices and additional costs are calculated according to the price lists used by DEMIFRAY UG at the time of provision and dispatch.

7. If DEMIFRAY UG incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information.

8. We use PayPal in our checkout area. Your account details, such as email address, first and last name, date of birth, address and telephone number, will, if necessary, be automatically transferred to PayPal as soon as you reach the checkout area. This saves you from having to enter this data again in the payment process.

 

§ 6 Retention of title

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1. DEMIFRAY UG reserves ownership of the delivered goods until all claims have been fulfilled.

2. If the customer defaults on payment of the purchase price, DEMIFRAY UG has the right to take possession of the items subject to retention of title after a reminder and after expiry of an associated reasonable grace period. The assertion of retention of title and the removal or seizure of the goods by DEMIFRAY UG do not constitute withdrawal from the contract, unless this is contrary to mandatory applicable law, in particular the regulations governing consumer credit.

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§ 7 Warranty / transfer of risk

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1. There is generally no guarantee for the fading or water resistance of printed products unless a written guarantee is expressly provided (e.g. UV coated printing process or lamination). DEMIFRAY UG expressly points out that the printed products are intended exclusively for use in closed rooms

2. The designations and specifications specified when the contract was concluded represent the technical status at that time. Minor technical deviations (in particular image cropping and color of the printout) of the delivered goods from the advertised goods are permissible and do not constitute an error as long as they are within normal commercial limits and the contractual purpose is not significantly restricted. Images that are cropped may, as is usual in the commercial world, deviate slightly but not significantly from the specified sizes. Minor, customary, color differences in the printout may occur if the customer's monitor is calibrated differently and not true to color. Black/white prints may contain a slight, standard color cast due to color printing. Complaints, credit notes and replacement prints

3. in this regard are excluded unless the deviation is outside the usual commercial scope.

 

§ 8 Data protection

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1. With regard to data protection, the data protection information from DEMIFRAY UG applies.

 

§ 12 Consumer Arbitration Board

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1. Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:

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   The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 13 Final provisions

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1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is filed, the place of jurisdiction and place of performance is DEMIFRAY's registered office UG

3. If individual provisions of this contract are ineffective or contradict the legal regulations, this will not affect the rest of the contract.

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Status of the terms and conditions: July 2022