General Terms and Conditions
§ 1 Application
The following general terms and conditions apply. Oral Additional agreements were not made. You can save the T&C and your electronic order form on your computer and/or print it out.
§ 2 Conclusion of contract
The customer's contractual partner is:
FLY-FOTO.com Werner Riehm Address : Waldstr. 10 D-76870 Kandel Tel 07275 729435 Email: wr AT fly-foto.de VAT-Id: DE148499724
The information in our offers is non-binding. The contract of sale for the items you selected will be closed when you get the goods approaches Confirmation of receipt of your order does not yet have any effect conclusion of contract.
The order is subject to the availability of the goods. If the goods are not available, you will be informed immediately as well as already considerations rendered will also be reimbursed immediately. The goods will only be delivered in normal household quantities.
§ 3 Right of Withdrawal/Return
You can cancel your contract declaration within two weeks without providing any information reasons in text form (e.g. letter, fax, e-mail) or the delivered return goods. The goods will only be accepted and sent by our company free of charge. So always sufficiently franked. Return postage will be paid after inspection of goods possibly replaced. We do not accept freight collect goods! The period begins with the delivery of the goods. To comply with the cancellation period the timely dispatch of the revocation or the goods is sufficient. The revocation or the goods are to be sent to the address specified under §2 or summonable address.
Once you have exercised your right of withdrawal, you are obligated to return the goods in full. With an order value of up to EUR 40.00 You have to bear the return costs yourself. Please send the goods to the above address.
In the case of an effective revocation, the mutually received benefits to be returned and, if applicable, benefits drawn (also e.g. interest) to release. Can you give us the service received in whole or in part or only in a deteriorated condition, you must return it to us if necessary, pay compensation. This applies to the surrender of items not if the deterioration of the item is solely due to their examination - as you would have been able to do in a shop. You can also avoid the obligation to pay compensation by storing the item not use it like an owner and refrain from doing anything that detracts from its value impaired.
Please note, however, that this right of withdrawal does not apply to delivery of goods which, by their nature, are not eligible for return are suitable or can spoil quickly or their expiry date would be exceeded; of image, audio or video recordings or of software, provided that the data carriers supplied have been unsealed by the consumer are, from newspapers, periodicals or magazines, from goods that are after Custom made or unique to personal Needs were tailored from goods in the form of auction were received.
It is pointed out that FLY-FOTO.com is entitled to withhold the depreciation that has arisen from the use of the item. FLY-FOTO.com can withdraw from the contract, especially if the customer has not fulfilled obligations from previous orders on time.
§ 4 Delivery and payment
Unless otherwise agreed, the purchase price including shipping costs will only be accepted in advance or in cash upon collection.
For orders abroad, the purchase price is also only accepted as an advance payment. Will be sent on the day the money is received. There is no obligation to deliver abroad. The delivery of the goods takes place only against prepayment.
§ 5 Shipment
Unless otherwise agreed, the goods will be shipped from the warehouse to the delivery address specified by the customer. Information about the delivery date are not binding.
§ 6 Retention of title
The goods remain the property of FLY-FOTO.com until the invoice amount has been paid in full. The retention of title also remains for all claims that FLY-FOTO.com subsequently acquires against the buyer in connection with the object of purchase.
§ 7 Data protection
FLY-FOTO.com will collect, store, process and use the data received in connection with the contractual relationship in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG), insofar as this is necessary for proper order processing and information. FLY-FOTO.com adheres to the principle of not selling, renting or otherwise making available personal data. As an exception, it is necessary for FLY-FOTO.com to pass on personal data to third parties in order to be able to process orders, such as orders and competitions. FLY-FOTO.com assures that this data will be treated with care and only used for the purpose of the order.
If the FLY-FOTO.com website contains links to other websites, FLY-FOTO.com assumes no responsibility for the protection of personal data on the other websites.
§ 8 Limitations of Liability
FLY-FOTO.com is not liable for damage that has not occurred to the delivery item itself. In particular, FLY-FOTO.com is not liable for lost profits or other financial losses. As well as the liability of FLY-FOTO.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. This limitation of liability does not apply if the damage was caused intentionally, through gross negligence or through a culpable violation of cardinal obligations or if there is personal injury.
If FLY-FOTO.com negligently violates an essential contractual obligation, the obligation to compensate for property damage is limited to the typically occurring damage.
§ 9 Right to use image documents
All rights to the photos belong to FLY-FOTO.com Werner Riehm
Any use of the photos or image material is only permitted for private use. Any other use, duplication, distribution or publication is only possible by acquiring o a licence with the express permission of the contractor.
Secondary use or secondary publication, in particular in anthologies, product-related brochures, advertising measures or other reprints is again subject to a fee.
Any reproduction, use, digitization, storage or duplication of the image material on analogue and electronic data carriers of any kind is only permitted with the written consent of the contractor.
Any use, reproduction or distribution of the image material is only permitted under the condition that the right holder attaches it given copyright notice in unequivocal assignment to the respective image.
This also applies to the Internet or in online databases or in other electronic archives.
The copyright notice "© FLY-FOTO.com" must be visible here and a link must be switched to: "FLY-FOTO.com aerial photography" (href="https://fly-foto.com").
The use of low-resolution images (less than 600 * 800 pixels) on private websites without commercial purposes is free of charge, subject to an objection, if the above-mentioned copyright notice is effectively attached and wr AT FLY-FOTO.com has been informed by e-mail from the use by transmitting the affected URL/Internet address .
Changes to the image material through photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the copyright holder and only if marked with [M]. This also applies to changes and/or additions to any texts, captions, etc. may lead to the degradation of persons depicted or - as far as possible - in the case of objects to the degradation of companies. The image material may not be drawn, photographed or otherwise used as a motif.
Forwarding to third parties or own syndication is not permitted. Prior to advertising and/or commercial use, a release from the relevant author must be available. To do this, contact the rights holder.
In principle, the customer only acquires a simple right of use for one-time use. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge on the respective basic fee.
§ 10 Miscellanea
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Kandel.
The customer is only entitled to set off if the counterclaims have been legally established or recognized by FLY-FOTO.com. The customer is only entitled to a right of retention insofar as the counterclaim is based on the same contractual relationship.
§ 11 Severability clause
If individual provisions of these general terms and conditions and/or the contract supplemented by them are or become ineffective, this does not affect the effectiveness of the other provisions and the contract and these general terms and conditions remain effective for both parties.