General Standard Terms and Conditions
lightyourimage - Torsten Handor, Blumenstraße 39, Germany
§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
§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
§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
§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
(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 (firstname.lastname@example.org). 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
§10 Responsibility for Motifs and Texts Selected by the
(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
(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
§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
(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
§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.