Terms of service

Contractual conditions within the framework of contracts concluded via the cam-b.store website

between

Dirk Eichler
Neviandtstr. 38
42117 Wuppertal
Phone +49 202 890 162 00
E-mail info@cam-b.de
USt-Identifikations-Nr.: DE364704696
- hereinafter referred to as "Provider" -

and

the contractual partners named below
- hereinafter referred to as "Customer" -

are concluded.

§ 1 Scope of application, definitions

(1) The supplier offers you printed products of photographs and photographic works together with accessories (hereinafter also referred to collectively as articles or goods). With the following contract conditions, the provider regulates the conclusion of the contract between you as the customer and the provider. These include in particular distance selling contracts which are concluded between the supplier and the customer via the Internet address cam-b.store (hereinafter also referred to as the website) using the online ordering procedure offered there.

(2) Unless otherwise stated in individual cases, the provider only accepts orders from customers who have a place of residence and a delivery address in the Federal Republic of Germany.

(3) The provider's offers are aimed at consumers and entrepreneurs.

(4) Unless otherwise agreed, the version of these contractual terms and conditions last communicated to the customer shall apply. These contractual terms and conditions apply exclusively. If the customer is an entrepreneur, deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as the provider has expressly agreed to their validity. This requirement of consent shall apply in any case, for example, even if the provider carries out the delivery to the customer without reservation in the knowledge of the customer's general terms and conditions.

(5) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these contractual terms and conditions. Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, shall remain unaffected.

(6) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these contractual terms and conditions.

(7) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
(8) Distance contracts are contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system organized for distance selling.

§ 2 Conclusion of contract, contract language

(1) The presentation and advertising of articles does not constitute a binding offer to conclude a contract. If the website is used, the contract is concluded when the customer submits a payable order (offer) for the items selected via the online ordering procedure to the provider and the provider submits a declaration of acceptance based on this. If the customer does not use the ordering procedure offered via the website, the contract is concluded when the supplier sends a corresponding offer to the customer and the customer submits a declaration of acceptance relating to this.

(2) Whether the provider or a third party becomes a contracting party is determined by the offer or the corresponding advertising of the offer. If the provider does not become a contracting party, he is the declarant.

(3) The contract shall be concluded in German. No other languages are available.

(4) When using the website, the customer can transmit his order to the provider via the following technical steps:

- The customer can select items from the provider's range of goods and collect them in the shopping cart using the "Add to cart" and "Pre-order" buttons.

- Using the "Shopping cart" button, the customer can view the collected items and correct their selection. The customer can then initiate the order process by clicking the "Checkout" button.

- If the customer selects the Express Checkout options via the shopPay, PayPal or GPay buttons, a new browser window opens. There, the customer can log in to the respective payment provider (in this case Affirm, PayPal and Google) and select the desired payment method. The customer can then instruct the payment provider to make a payment to the provider and arrange for their delivery and billing address to be transmitted to the provider. Once the customer has completed their entries on the website of the respective payment provider, they will be redirected to the order process on the provider's website. There, the customer is shown a form with the delivery and billing addresses transmitted by the payment provider. The customer can change or add to the data displayed. By clicking the "Pay now" button, the customer can submit their order to the provider and complete the order process.

- If the customer has not selected the Express Checkout option, the rest of the order process requires the following steps: In the Contact section, the customer enters their e-mail address. The customer provides the delivery address and the shipping option in the Delivery section. The customer also selects the desired payment method and billing address in the Payment section.

- Depending on which payment method the customer chooses, the buttons "Check order" or "Pay with PayPal" will be displayed.

- If the customer clicks on the "Check order" button, the data entered by the customer will be displayed again in the "Check and pay" section. The customer can correct the data he has entered via the link labeled "Change". The change is made via input fields which correspond to the previously displayed input fields. If the customer clicks on the "Order with obligation to pay" button, he or she transmits a legally binding order (offer) to the provider.

- If the customer clicks the "Pay with PayPal" button, a new browser window opens. There the customer can log in to the payment provider PayPal and select the desired payment method. The customer can then instruct the payment provider to make a payment to the supplier and arrange for their delivery and billing address to be transmitted to the supplier. Once the customer has completed their entries on the website of the respective payment provider, they will be redirected back to the order process on the provider's website. There, in the "Check and pay" section, the customer is shown a form with the delivery and billing addresses transmitted by the payment provider. The customer can change or add to the displayed data via the "Change" link. By clicking the "Pay now" button, the customer can submit their order to the provider and complete the order process.

- If the customer has selected the payment provider "Credit card" or "Invoice with Klarna", the customer will now be redirected to the payment provider's website. There, the customer can make the payment for their order. The customer is then redirected back to the provider's website.

- The provider will confirm receipt of the customer's order on its website, thereby completing the ordering process.

- The provider shall check the customer's order immediately and, if necessary, send the customer the order acceptance (declaration of acceptance) together with these contractual terms and conditions and the declaration of revocation immediately by e-mail.

(5) The provider shall save the text of the contract after conclusion of the contract. However, it is not accessible to the customer via the provider's website after the order has been sent.

§ 3 Obligations of the customer

(1) The customer is obliged to treat transmitted access data to his customer account as strictly confidential. It is not permitted to pass on the access data to third parties outside the contract.

(2) The customer's attention is drawn to the care instructions for the goods, which can be accessed at the Internet address https://cam-b.store/pages/care-instructions and are enclosed with each product delivered as a paper document.

§ 4 Granting of rights to the goods

If the goods are photographs or photographic works, the supplier shall grant the customer a simple, temporally unlimited and geographically unrestricted right of use upon delivery of the goods and after full payment of the purchase price. The editing of the photographs or photographic works or their reproduction is not permitted. The licensee may transfer the granted rights of use in full to third parties, but may not grant any sublicenses.

§ 5 Terms of payment

(1) Unless otherwise agreed, the customer is obliged to pay in advance, i.e. he is obliged to make full payment before delivery of the goods. Payment of the purchase price is due immediately upon conclusion of the contract.

(2) If the customer uses the website, the provider will display the available payment methods to the customer during the ordering process (see § 2 para. 4). Before initiating the order process, the customer can view the payment methods offered at any time in the "Payment" section, available at https://cam-b.store/pages/payment.

(3) The statutory provisions shall apply to the occurrence of default in payment. The customer's attention is drawn to the statutory provision pursuant to Section 286 (3) BGB, according to which he shall be in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice or equivalent payment schedule. If the customer is not a consumer, the following shall apply in deviation from the above sentence: If the due date for payment is determined according to the calendar, the customer is already in default by missing the specified date. However, he shall be in default no later than 30 days after the due date and receipt of the consideration (in this case the goods) if the date of receipt of the invoice or the payment schedule is uncertain.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.

§ 6 Delivery time, retention of title, termination

(1) Unless otherwise specified by the Vendor for the respective item, delivery shall be made within the period specified in the Shipping section, available at https://cam-b.store/policies/shipping-policy. Delivery times specified by the supplier begin at the time of the order confirmation and, if the customer is obliged to make advance payment (see § 4 para. 1), after the customer has made full payment.

(2) The delivered goods remain the property of the supplier until full payment has been made.

§ 7 Prices and shipping costs

(1) All prices stated on the website include the applicable statutory value added tax.

(2) The customer can view the shipping costs in the shipping section, available at https://cam-b.store/policies/shipping-policy, before initiating the order. The shipping costs are specifically calculated for the customer during the ordering process and are to be borne by the customer unless the customer exercises his right of withdrawal.

(3) The goods are shipped by DHL Paket. The provider does not offer express delivery.

(4) If the customer is an entrepreneur, he shall bear the risk of accidental loss as soon as the provider has handed over the goods to the shipping service provider or the person designated to carry out the shipment.

(5) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 8 Warranty for material defects, guarantee

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items delivered by the Provider to entrepreneurs is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the declaration of acceptance, the order confirmation, the item description or another contractual declaration for the respective item.

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract (in this case, among other things, the delivery of a defect-free item and the procurement of ownership thereof).

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item or if strict liability exists. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 10 Cancellation policy for consumers

Consumers have a statutory right of withdrawal. Information on the right of withdrawal for consumers can be found in the separate withdrawal policy, which is available at https://cam-b.store/en/policies/refund-policy.

§ 11 Voluntary right of return for consumers

Regardless of your statutory right of withdrawal (see separate withdrawal policy), we grant you the right to return the goods to us within a total of 30 days of receipt.
The prerequisite for exercising the voluntary return guarantee is that you return the goods to us complete, in their original condition and undamaged. We recommend using the original sales packaging for the return shipment in order to protect the goods optimally against transport damage.

The return request can be made in writing, by email, or via our online cancellation form at https://cam-b.store/en/pages/withdrawal-form. 

Your statutory right of withdrawal is not affected by compliance with our rules on the supplementary contractual (voluntary) return guarantee and remains unaffected. Until the expiry of the statutory withdrawal period, only the statutory conditions listed therein apply.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these contractual terms and conditions. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

(3) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Allgemeine Geschäftsbedingungen EN Rev. 002/07.02.26