GENERAL TERMS AND CONDITIONS/ REFUND POLICY
The contractual partner is subject to the following terms and conditions:
Rhinower Street 4
Fax: +49-30-6920 64019
Jens Rosbach holds the copyright to all photos on this site. Downloading and printing of the photos for any purposes are not allowed.
2. Purpose of the website
This website allows you to view photographs and to order prints for private use.
3. Ordering process
This website leads the customer through the shop to the act of placing the actual order. The customer can view individual sizes, printing techniques and prices. The selected product can be added to the shopping cart. The selection can be changed or deleted at any time. From the shopping cart, the customer is able to reach the checkout, where he can enter his address data and select a payment mode. Direct payment via a payment service (like Paypal) is also possible. The order is concluded by consent to the terms and conditions, including the right of revocation. This purchase is fixed then.
4. Conclusion of contract
There is no fundamental obligation for this shop to produce displayed products and products configured by the customer. The order constitutes an offer to conclude a contract for the products presented.
Personal data entered by the customer during the ordering process are being saved and proceeded in our system. These data can be corrected at any step during the ordering process. The input of the data can also be terminated without consequence. In such case, all data previously transmitted by the customer will be deleted. Further information can be found in the Data Statement of this shop.
6. Right of revocation
You have the right to revoke this contract within 30 days after receiving the order without giving reasons. The withdrawal period is 30 days from the date on which you or a third party you have named who is not a carrier is the last one. To exercise your right of revocation, you must contact Jens Rosbach (Rhinower Strasse 4,10437 Berlin, Germany, Phone: +49-30-69206401, Fax: +49-30-692064019, E-Mail: info(at)jensrosbach.de) by means of a clear declaration about your revocation by e-mail or by post. You can use the enclosed sample opposition form which, however, is only a recommendation. In order to adhere to the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
7. Consequences of revocation
If you revoke this agreement, we will refund you all payments received from you within 14 days from the date on which the notification of your revocation of this contract has been received by us. For such reimbursement, we use the same means of payment you used in the original transaction – unless you agree on a different method of payment. This shop will not charge you for the reimbursement process.
We reserve the right to refuse any reimbursement until we have received the returned goods or until you have proven that you have returned the goods. Goods must be returned immediately and in any case no later than 30 days from the date on which you informed us of the revocation of this contract. The deadline is met when the goods are being returned before the end of the 30-day period. The Customer bear the cost of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Model withdrawal form
If you want to revoke the contract, you can print this form and send it back.
- To: Jens Rosbach, Rhinower Strasse 4,10437 Berlin, Germany, Phone: +49-30-69206401, Fax: +49-30-692064019, E-Mail: info (at) jensrosbach.de
- I hereby revoke the contract which I have concluded regarding the purchase of the following goods:
- Ordered on: ____________________________
- Received on: ____________________________
Name and address of the consumer
Signature of the consumer (if printed on paper)
End of revocation.
Exclusion of revocation right:
The right of revocation does not apply to distance sales contracts
- for the supply of goods which are not prefabricated and which are subject to an individual selection or destination by the consumer,
– to deliver goods, clearly to meet personal needs.
Note for returns
To avoid any transport damage, please use the original packaging if possible.
A statutory value-added tax (currently 19 percent) plus the cost of postage, packaging and delivery (in summary: delivery costs) is shown during payment. The customer bears all delivery costs incurred at the conclusion of the contract.
This shop only delivers goods against payment in advance. You can use PAYPAL. In the event of the customer making an advance payment by bank transfer, the amounts shall be payable no later than 14 days after receipt of the order confirmation.
Should the customer be in default in fulfilling his payment obligations, Jens Rosbach may require the payment of interest on arrears and damages in accordance with the statutory provisions. Other rights of Jens Rosbach remain unaffected.
9. Terms of delivery
Delivery takes place within 14 days in Germany (international delivery: 14-28 days). The delivery period begins upon receipt of payment in full amount of the purchase price.
10. Rights and obligations of Jens Rosbach
In case of the event that the ordered products are temporarily unavailable, this shop will promptly contact you and name an expected delivery date. In so far as Jens Rosbach is in default of delivery or the delivery is not possible due to reasons for which Jens Rosbach is held responsible and this is not based on intent or gross negligence, the liability for damages is excluded. This does not apply to damage which leads to damage to life, body or health. Any further claims of the customer remain unaffected.
In the event that delivery delays occur for reasons for which Jens Rosbach is not held responsible (e.g. force majeure), the delivery date shall be extended accordingly. The customer shall be notified without delay. In the event that the causes of delay occur more than six weeks after receipt of the full purchase price, each party is entitled to withdraw from the contract.
11. Reservation of title
The ordered goods remain property of Jens Rosbach until full payment. Prior to the transfer of ownership any resale, lease, pledge, security transfer, processing, other disposal or transformation without the express consent of Jens Rosbach is not permitted.
12. Rights of use
With the conclusion of the contract for the production and delivery of products from the web shop no further usage rights to the picture motifs are granted. The buyer is not allowed by Jens Rosbach to use the works beyond the legally permitted extent. In case of infringement of the rights of use, customers risk the assertion of injunctions and claims for damages.
13. Product and transport damage
In case of obvious defects and transport damage, the customer is requested to notify Jens Rosbach immediately by e-mail or by post. The customer is asked to prove the damage in form of photos. If the customer is a consumer, the absence of the damage report has no effect on his possible warranty claims. § 377 of the German Commercial Code (HGB) shall apply to businesses.
14. Applicable law, jurisdiction
Where you are not permanently or habitually resident in Germany, these General Contract Terms and Conditions shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN trade law.
Where you are a merchant/trader as defined in the German Commercial Code (HGB), a special public fund or a legal person under public law, exclusive place of jurisdiction for any and all dispute arising in connection with these General Contract Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Berlin.
The European Commission provides an online dispute settlement (OS), which can be found at http://ec.europa.eu/consumers/odr/. Jens Rosbach is willing to participate in an out-of-court arbitration process.
15. Final provisions
Conflicts are to be carried out consensus-oriented in each individual case. The parties waive any legal warning notifications from allegedly or indeed actually given rights violations, so this does not seem mandatory. They seek mutual contact and, if necessary, carry out a mediation procedure.