ImageLight - Light your image
Terms & Conditions

General Standard Terms and Conditions
lightyourimage - Torsten Handor, Blumenstraße 39, Germany 69115 Heidelberg

§1 General Information

(1) The following terms and conditions shall apply exclusively for company offers, deliveries and services.
(2) Any general terms and conditions employed by the customer shall only become a part of the agreement if agreed upon in writing by our company. Acceptance of our company services shall in any case be regarded as acknowledgment of these General Standard Terms and Conditions.

§2 Offer and Conclusion of Contract

(1) Offers shall always be non-binding.
(2) Orders shall be considered as accepted if they are confirmed by us either in writing or executed immediately after placement of the respective order. In the latter case the delivery note and/or the invoice shall be considered as confirmation of the order.
(3) In the case of call orders the entire specified quantity shall be accepted within the period agreed upon.
(4) Assurances at special prices shall only refer to the respective order and shall have no binding effect for subsequent contracts.
(5) Written confirmation shall always be required insofar as we reach verbal ancillary agreements or provide warranties that go beyond the scope of the written agreement.
(6) Unless otherwise agreed, any documents belonging to the offer, e.g. diagrams, drawings, calculations, information on weights and dimensions, shall only be approximate.
(7) Technical consulting shall be provided to the best of the company's knowledge and belief; however, no liability may be derived as a consequence to the extent that such consulting forms part of a contractual agreement.

§3 Delivery, Terms of Delivery, Passage of Risk

(1) We ship goods within Germany as well as to Austria and Switzerland, and to other European countries by way of agreement.
(2) Unless otherwise agreed, deliveries shall be ex warehouse to the ship-to-address indicated by the customer. Delivery shall be carried out by a delivery service of our choosing. Shipping charges shall be based on the weight of the shipment and in accordance with the expense(s) involved in packaging.
(3) The delivery time shall be based on the scope of delivery – as a rule, two weeks at the most for 100 units. It shall begin with the day of clarification of any technical and other details associated with the order as well as provision of the required documents. It shall be extended by the period in which the customer is in arrears with contractual obligations. Delivery deadlines shall always be considered as only roughly agreed deadlines.
(4) Proper and timely self-delivery shall be reserved at any time.
(5) Partial deliveries in a reasonable scope shall be permissible.
(6) We shall in no case be liable for delays caused by our upstream suppliers or the respective delivery service.
(7) The risk shall pass with delivery to our forwarding agent or carrier.

§4 Reservation of Title

(1) The commodity shall be subject to our extended reservation of title until complete payment. The client shall in turn be obliged to subject his or her customer(s) to our reservation of title.

§5 Terms of Payment

(1) Our prices shall be indicated in euros plus the legally valid value added tax.
(2) We shall be entitled to invoice each individual service immediately upon performance. The purchase price is due immediately without deduction.
(3) Deductions of any kind whatsoever shall be excluded. No interest shall be paid on pre-payments.
(4) In the event that there is a substantial change in our costs following conclusion of a contract, e.g. through a price adjustment by our upstream supplier, then we shall be authorized to carry out a corresponding adjustment of our prices for deliveries made later than three months after conclusion of the respective contract. In the event that the price increases by more than 10% in such a case, then the customer shall be entitled to withdraw from the contract.
(5) We reserve the right to charge appropriate payments on account as advance payments in the case of larger delivery quantities.
(6) Interest on arrears shall be calculated at 5% per annum above the base interest rate of the European Central Bank.

§6 Ordering via Internet

(1) For orders made via the Internet payment shall only be possible by way of cash in advance or cash on delivery.
(2) Shipping charges shall be visible in the product basket before the order is sent.
(3) An electronic invoice is generated automatically with the order on our Web site. No additional invoice in the form of a hardcopy shall be issued.

§7 Returns / Exchange

(1) A right of return or right to exchange shall be valid for only 14 days after receipt of the respective commodity at the most.
(2) Our customer service department shall be contacted prior to any returns ( Acceptance or exchange of returned goods shall only be possible following previous written agreement, acceptance shall be refused otherwise.
(3) The costs of any return shall be at the customer's expense. Goods must be returned to the address indicated in the above.
(4) Delivery of goods specially manufactured for the customer or in order to meet the customer's personal requirements shall be excluded from the right of revocation and/or right of return. This shall be the case, for example, for products provided with a motif, a graphical representation or text selected by the customer. Legal warranty claims shall remain unaffected.
(5) Broken packing units and goods that are no longer marketable shall be excluded from the right of return or right to exchange.

§8 Notice of Defects, Warranty

(1) Any obvious and/or detected defects, shortages or incorrect deliveries must be reported within 7 working-days following receipt of the commodity.
(2) Reworking of the defective commodity, replacement delivery or a credit note shall be provided at our discretion in the case of justified customer complaints.
(3) In accordance with reasonably exercised discretion the customer shall grant us the time and opportunity required in order to eliminate the defect, otherwise the warranty shall become void.
(4) Return costs shall be refunded in cases of justified complaints, e.g. damaged goods or product defects. We shall not be liable for any damage due to transport.
(5) No warranty shall be assumed for damage due to the following:
- unsuitable or improper use
- failure to comply with the manual, recommendations or application tips from the manufacturer
- improper commissioning, maintenance, modification or repair
- improper storage and transport
- unsuitable operating materials
- other improper handling by the customer or third parties.

§9 Design and Material Deviations

(1) We reserve the right to make changes with regard to descriptions and information provided in our advertising media. This concerns in particular the quality of materials, color, design or corresponding production-related features.

§10 Responsibility for Motifs and Texts Selected by the Customer

(1) The customer shall at the customer's own responsibility be obliged to take account of any relevant legal provisions where image motifs and texts are used that do not belong to our motif database. This applies in particular to copyright law, trademark law, utility models law, design patent and competition law.
(2) The customer shall ensure that any provided images and texts are not subject to the rights of third parties.
(3) The customer shall be obliged to examine the conveyed image and text contents for their accuracy or possible license terms.
(4) In the event that customer motifs or texts violate the rights of third parties (infringement of copyright or right to use a name) or legal provisions, then the customer shall be obliged to indemnify us against any and all claims asserted by third parties without exception.
(5) As a rule, we reserve the right to completely reject customer motifs for images or texts.

§ 11 Document Storage

(1) The company shall store documents relating to the order for a period of six months. The customer shall be obliged to make duplicates in the event that original artwork (slides, photos, etc.) is made available. The company shall not be liable for any customer models that are not reclaimed within one month after completion of the order.

§12 Data Protection

(1) The customer shall be in agreement with the fact that personal data required for handling orders and processing purchase orders shall be electronically stored while taking the provisions of the Federal Data Protection Law into consideration.
(2) We shall ensure that customer data is not passed on to third parties. Delivery services and partner companies required for the handling of payments which relate to purchase orders shall be excluded.

§13 Applicable Law and Place of Jurisdiction

(1) The place of jurisdiction for both parties shall be Heidelberg am Neckar.
(2) The law prevailing in the Federal Republic of Germany shall apply by way of exclusion of the regulations of the United Nations (Vienna) Convention on Contracts for the International Sale of Goods (CISG).

§14 Severability Clause – Partial Nullity

(1) Should one or more of the clauses of these General Standard Terms and Conditions be invalid as a whole or in part, then the validity of the remaining provisions shall not be affected. Instead of the invalid or impracticable provision a legally permissible regulation shall be deemed as having been agreed upon that approximates the meaning and the commercial purpose of the agreement. The same shall apply should the contract contain a gap in the provisions of these terms and conditions or statute.

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