§1 Preliminary remarks
The following general terms and conditions apply to all concluded agreements. All contracts are concluded on the basis of these General Terms and Conditions. With acceptance of the offer, these terms and conditions become part of the contract.
§Conclusion of the contract
On his website „Sehfelder“, Hermann Fuchs offers non-binding technical printing products. These can be ordered by the customer. The customer’s order constitutes an offer to Hermann Fuchs to conclude a contract. The acceptance of the offer by Hermann Fuchs shall be effected by a written order confirmation. Only then shall the contract be concluded.
§3 Copyright and rights of use
Hermann Fuchs assures that he is entitled to use and print these pictures.
The purchase of a picture entitles the user to use it only once in the form in which it was sent. Any further reproduction or other use requires the express written consent of Hermann Fuchs.
§4 Terms of payment, terms of delivery
With the order confirmation, Hermann Fuchs issues an invoice and informs the customer of the expected delivery time. The estimated delivery time shall be calculated from receipt of payment. The goods shall only be delivered against payment in advance. Payment shall be made by transfer of the total amount due to an account of Hermann Fuchs. If an invoice is not paid to the customer within 14 days of receipt, Hermann Fuchs is entitled to withdraw from the contract. The order shall be executed after receipt of payment.
Delivery shall be effected by dispatch to the delivery address provided by the customer. A possible delay in delivery does not entitle the customer to claims for damages, unless intent or gross negligence exists.
§5 Right of revocation
The goods ordered by the customer from Hermann Fuchs are tailored to personal ideas, especially with regard to format. A right of revocation does not exist due to the individual processing of the goods by the customer.
§6 Liability, Warranty
Hermann Fuchs is liable in principle only for damage which is attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, in particular lost profits. In the case of printed products, minor deviations may occur in the colour shade or dimensions, but also in the format as well as in the material and surface quality. In principle, such deviations cannot be avoided and therefore do not entitle the customer to complain. If the delivered goods do not comply with the latest technical standard of digital photo development or processing, this shall not lead to the acceptance of a material defect. In the event of a significant defect in the goods ordered, Hermann Fuchs shall be entitled to make a replacement delivery before the customer withdraws from the contract. If Hermann Fuchs does not comply with its replacement delivery within 21 days of receipt of the notification of defect or if two attempts at rectification fail, the customer shall have the right to withdraw from the contract.
§7 Final provisions
The place of jurisdiction for all disputes arising from a contract is 4020 Linz, Austria. The law of the Republic of Austria shall apply. Agreements which deviate from these conditions require written form.