Terms and Conditions

• 1. Scope and Provider

  1.1 These General Terms and Conditions apply to all orders placed via the website operated by Foto Raabe GmbH, Am Bugapark 1c, 45899 Gelsenkirchen, Managing Director Volker Raabe, Gelsenkirchen Local Court HRB 3396, VAT ID No.: DE250724226 (hereinafter “Foto Raabe” or “we”).

  1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity (Section 13 of the German Civil Code (BGB)).

  1.3 Our offer is directed exclusively at consumers. Sales are made exclusively for private use.

  1.4 The contract language is German.

• 2. Subject Matter of the Contract

  2.1 We offer photographic services as well as the production and distribution of photographic products and digital image files created during photo sessions at kindergartens, schools, and other institutions.

  2.2 The products offered are typically personalized photo products that are individually produced based on personal image data.

• 3. Order Process and Conclusion of Contract

  3.1 Orders may only be placed by individuals residing in Germany, the Netherlands, Austria, or Luxembourg. Shipping is exclusively to delivery addresses in these countries.

  3.2 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.

  3.3 By clicking the “Place Order” button, the customer submits a binding offer to conclude a purchase contract.

  3.4 The automatic order confirmation via email does not yet constitute acceptance of the contract. The contract is concluded upon delivery of the goods or upon provision of digital content.

• 4. Storage of the Contract Text

  The General Terms and Conditions are accessible to the customer during the ordering process and after the conclusion of the contract via the online portal.

  The customer is advised to save or print the contract documents, including the Terms and Conditions, on their own.

• 5. Prices and Shipping Costs

  5.1 All prices listed include the applicable statutory value-added tax.

  5.2 In addition to the product prices, shipping costs apply. These amount to:

  2.90 EUR per order for shipping as a letter,

  4.95 EUR per order for parcel shipping.

  The applicable shipping costs depend on the type and size of the order and are clearly displayed to the customer in the shopping cart before the order is completed.

  For international shipments, different shipping costs may apply, which will be shown separately during the ordering process.

• 6. Delivery Terms

  6.1 Depending on the shipping method and the size of the shipment, delivery is made by letter mail via Deutsche Post or by parcel delivery, usually via DHL, and in individual cases also via UPS, GLS, or another suitable shipping provider.

  6.2 Unless otherwise stated, the delivery time is 10–14 business days.

  6.3 If delivery of the goods fails despite three delivery attempts for reasons attributable to the customer, we are entitled to withdraw from the contract. Any payments already made will be refunded.

  6.4 If a product is unavailable for reasons beyond our control, we reserve the right to withdraw from the contract. Any payments already made will be refunded immediately.

• 7. Terms of Payment

  7.1 Payment is made by invoice, unless a different payment method is specified during the ordering process.

  7.2 The invoice amount is due for payment without deduction within 10 days of receipt of the invoice.

  7.3 For orders consisting exclusively of digital content, the digital content will be made available only after full payment has been received (prepayment).

  7.4 For orders that include both digital content and physical photo products, the production and delivery of the photo products will be billed. Access to the digital content will be granted only after full payment has been received, regardless of the shipment of the physical photo products.

  7.5 For orders consisting exclusively of physical photo products, delivery is made on account.

  7.6 If the customer defaults on payment, we are entitled to claim statutory default interest as well as reminder fees.

• 8. Retention of Title

  The delivered goods remain our property until full payment has been received.

• 9. Digital Content and Download Period

  9.1 Digital content as defined in these Terms and Conditions refers to non-physical digital image files made available for download via the online portal.

  9.2 The content is made available upon receipt of full payment through initial activation. Upon activation, the digital content is deemed delivered.

  9.3 The digital content may be downloaded for up to one (1) year following the respective photo session.

  9.4 After this period expires, the digital content will be deleted for data protection reasons. There is no entitlement to renewed provision.

  9.5 The customer is obligated to download the digital content within the specified period and to back it up permanently.

  9.6 Re-delivery, restoration, or reimbursement due to a failure to download the content in a timely manner is excluded.

  9.7 If the customer activates their personal login code by providing their email address, we may send them emails related to the use of the online portal, the order, and the provision and management of their image data.

  This includes, in particular, notifications regarding activation, order status, download options, or organizational information.

• 10. Right of Withdrawal

  10.1 Consumers generally have a statutory right of withdrawal.

  10.2 The right of withdrawal does not apply to contracts

  • for the delivery of digital content if the customer has initiated the download of the digital content themselves.
  • By starting the download, the customer expressly agrees that the performance of the contract will begin before the expiration of the withdrawal period and that they thereby lose their right of withdrawal (Section 356(5) of the German Civil Code (BGB)).
  • for the delivery of goods that are not prefabricated and have been clearly tailored to the customer’s personal needs, in particular personalized photo products (Section 312g(2)(1) of the German Civil Code (BGB)).

  10.3 Irrespective of the statutory right of withdrawal, Foto Raabe GmbH may, on a case-by-case basis, voluntarily and without acknowledging any legal obligation, offer a return or exchange as a gesture of goodwill.

  There is no entitlement to this.

• 11. Photographic Services

  11.1 The photographic composition (e.g., framing, pose, facial expressions, lighting) is subject to the photographer’s artistic freedom.

  11.2 Subjective matters of taste do not constitute a defect.

  11.3 Situational influences do not constitute grounds for a claim.

• 12. Warranty and Notice of Defects

  12.1 The statutory warranty rights apply.

  12.2 Obvious defects must be reported within 14 days of receipt of the goods or provision of digital content.

• 13. Rights of Use

  13.1 The customer receives a simple, non-transferable right of use for private purposes.

  13.2 Commercial use, distribution, or modification is prohibited without express consent.

  13.3 We retain the copyright.

• 14. Liability

  14.1 We are fully liable in cases of intent and gross negligence.

  14.2 In cases of ordinary negligence, we are liable only for breaches of material contractual obligations and limited to damages typical for the contract.

  14.3 Liability for data loss is excluded.

• 15. Availability of the Online Portal

  Continuous availability of the online portal is not guaranteed. Maintenance or technical malfunctions do not give rise to claims for damages.

• 16. Protection of Third-Party Rights

  16.1 If the customer transmits their own image files to us as part of a repeat order or for any other reason, they warrant that they hold all necessary rights for this purpose and that the use, processing, reproduction, and production of the ordered products do not infringe any third-party rights, in particular copyrights, trademark rights, personality rights, or data protection rights.

  16.2 The customer fully indemnifies us against all claims by third parties asserted on the basis of a violation of the aforementioned rights in connection with the image files transmitted by the customer. This also includes the costs of a reasonable legal defense, including court and attorney’s fees.

  16.3 The image files transmitted to us must not violate any statutory prohibitions. This applies in particular to content that is criminal or violates the provisions of Sections 184 et seq. of the German Criminal Code (StGB) (distribution of pornographic content, in particular child pornography).

  16.4 If we become aware of illegal content or have reasonable grounds to suspect such content, we are entitled and obligated to immediately block or delete the affected content and to notify the competent law enforcement authorities.

  16.5 We are not obligated to review image files submitted by the customer in advance for content or legal compliance.

• 17. Final Provisions

  17.1 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

  17.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions remain unaffected.