Team-Foto GbR is a mail order company and a wide selection of exquisite and high quality photo accessories can be ordered through our web site at http://www.team-foto.com or through online marketplaces like eBay and other eCommerce-platforms.

These conditions are written in the german language and provided with an english language translation. The german text shall be controlling and binding. The english language translation is provided for convenience only.

1. In general

1.1 All contracts concluded between the purchaser and Team-Foto GbR shall be on the basis of the following terms and conditions. These conditions shall always be valid, even if Team-Foto GbR does not explicitly mention them with subsequent follow-up contracts, unless the purchaser is neither a trader nor a merchant in accordance with the provisions of HGB ( Handelsgesetzbuch ). The general terms and conditions of the purchaser will not be valid for contracts made with Team-Foto GbR, even if Team-Foto GbR does not explicitly contradict them. You may print out this form with the print function of your browser.
1.2 If a contract is concluded at eBay, these terms and conditions are in accordance with the general terms and conditions of eBay.

2. Conclusion of the contract

The contract of sale concerning the goods selected by the customer shall be concluded when Team-Foto GbR accepts the order by notification of delivery or by delivery of the goods. Confirmation of receipt of the order shall not constitute the conclusion of a contract. In the case of internet auctions or other sales against the highest bid, the contract is concluded automatically with the highest bidder at the end of the auction.

3. Terms of delivery

3.1 Within three days after receipt of the order, the customer will receive an email confirming the order and the billing details of the order. Failure to pay within 14 days will be a breach of the contract by the customer and as such will allow Team-Foto GbR to resell the goods to a third party.
3.2 Team-Foto GbR tries to make sure that the products that are offered on the sites are available. It can however happen that a product is not longer available. In this case Team-Foto GbR will inform the customer as soon as possible and the customer has then the right to cancel his order without any cost. Team-Foto GbR is not responsible for any damages caused by the fact that a product was not in stock.
3.3 Team-Foto GbR will ship the order as soon as possible after the payment has been received. If the goods have not been delivered within two weeks after the order has been made, the customer has the right to cancel the order. Team-Foto GbR will pay the amount back to the customer immediately after cancellation.
3.4 The period of delivery is automatically prolonged with the appearance of unforeseeable obstacles, which are out-with our control such as market disturbances, delay incurred owing to the delivery from sub-deliverers in so far as the hindrances are directly related and have a substantial influence on the delivery of the product to be delivered. The customer has the right to cancel the agreement in the event of late delivery or impossibility of delivery for which Team-Foto GbR is responsible only if the delivery date agreed upon has been unreasonably exceeded and the customer has given Team-Foto GbR written notice stating a reasonable grace period of 4 weeks.

4. Return Policy / Revocation

4.1 In accordance with the remote sales law, the consumer has - if he / she is a private consumer - the right to cancel an order within 14 days under the terms of § 355 BGB in context of § 246 § 2 in connection with § § 1 sect. 1 and 2 EGBGB, as well as § 312e sect. 1 sentence 1 BGB in connection with 246 § 3 EGBGB. Cancellation may take place in a text form ( e.g. letter, fax or email ) or by sending back the goods, in order to conform to this period, it is sufficient to make punctual dispatch to our address. If the product was purchased over eBay and you are a private consumer, you have also the right to cancel an order within 14 days under the terms of § 355 BGB in context of § 312b in connection with § 312d BGB. If you bought the goods for business purposes our refund policy does not apply.

Please send your order back to the following address:

Team-Foto GbR
Firm Owner: Sonja Lochner-Matterna & Michael Schremmel
Brunnenhofweg 2b
86641 Rain-Etting
Germany
Email: kundenteam@team-foto.com
Fax: +49 3212 6506481

4.2 After a notice of cancellation has been sent in writing, prompt return of the goods to our address shall be sufficient to comply with the time period. The goods shall be returned in their original packaging and in a state permitting resale. The packaging shall not be damaged either. If this is not the case, we shall be entitled in principle to refuse to take back the goods. Refunds shall only be made after we have checked the goods.
4.3 Costumers get full refund if the goods are returned in their original condition Team-Foto GbR ( return address is printed on the invoice ). If the total order value was higher than 40.00 Euro or Team-Foto GbR shipped the wrong products according to the order, Team-Foto GbR will cover the return shipping costs.
4.4 In the event of an effective cancellation, the mutually received benefits must be returned and any uses that were drawn ( e.g. benefits of use ) must be submitted. In the event that the consumer is not able to return the received service or can only return it in a poorer condition, he may be liable to make compensation. This does not apply if the deterioration in the matter is based exclusively on its testing – as may be the case in a shop, for example. Notwithstanding this, the consumer may avoid this liability to make compensation if he does not use the items as his own property, exclusively commissions qualified and authorized technical personnel with the installation of components and otherwise refrains from any actions that may reduce the value of the item.
4.5 There is no right of cancellation for the following products: Complete systems put together according to your specifications, backgrounds, magazines or special purchases. Generally speaking, unsealed packages may not be returned either.

5. Refund of your return

5.1 Providing the goods are received back in an unused condition and in their original packaging with all accessories, you will receive a refund within five days of your notice to cancel. The refund will be returned in the same manner as the purchase.
5.2 The goods shall be returned in their original packaging and in a state permitting resale. The packaging shall not be damaged either. If this is not the case, we shall be entitled in principle to refuse to take back the goods. Refunds shall only be made after we have checked the goods.
5.3 Full refund does not include a refund of the shipping charge to the customer or any "special priority" shipping ( COD fees ) you added when you placed your order.

6. Terms of delivery and payment

6.1 Payment can be made by bank transfer, cash, by credit card, cash on delivery or direct debit with a direct debit authorization on file. In the case of direct debit, delivery is only carried out after our account has been credited and after a period of one week.
6.2 Delivery against invoice is only to schools, institutes and known companies. Unless otherwise agreed specially in writing.
6.3 All offers and prices in advertisements, price lists and program information are subject to change. The prices include neither freight nor packaging, postage, insurance or any other costs. The prices do not include updates or costly support such as return telephone calls, repeated correspondence or the return of unjustified complaints. Unless there is a further agreement, in principle, the prices in the currently valid price list or those given at the time of ordering via the Internet are effective upon making the contract. The customer must ask for the valid prices unless he places his order based on an offer made by us.
6.4 All prices are understood in principle to be in Euro, net cash, plus shipment costs and VAT, but, due to section 25a of the German Turnover Tax Act ( UStG ), VAT is not stated separately.
6.5 The freight costs shall depend on the size and weight of the goods to be delivered. The freight costs due for each item shall be displayed in the listing detail section of the item and HERE so that the customer knows the additional amount due before the order is placed.
6.6 Up to a value of goods of 40.00 Euro Team-Foto GbR choose the cheapest shipping method available. A shipping insurance can be concluded by Team-Foto GbR at the purchaser's own expense. Over a value of 40.00 Euro Team-Foto GbR only send as a registered parcel.
6.7 Damage due to shipping must be reported within 24 hours. The customer may assist in the claims process. Once a claim has been approved, the payment will be processed. DHL will pay the lesser of purchase or replacement costs, up to the declared value and Team-Foto GbR will send the customer the amount he has already paid.

7. Title of ownership

Team-Foto GbR supply according to extended right of ownership. The delivered goods remain our property until complete fulfilment of our claims against the purchaser has been effected. Prior to such complete fulfillment of our claims, pledging and assignment for security is forbidden.

8. Warranty

8.1 Effective from 1st January 2002, the EU Directive to extend warranty on consumer products from one to two years, came into effect. This directive only impacts EU member state countries and will be phased in as the EU member states implement the directive. All Team-Foto GbR products are guaranteed to be free of defects in workmanship and materials for a period of 12 months ( used items ) or 24 months ( new items ) from the date of purchase. If the goods Team-Foto GbR has supplied are deficient, warranty shall first be provided by rectification of the defect or replacement at our discretion. If, after an appropriate period, two attempts to remedy the defect fail, the customer can request reduction of payment ( deduction ) or cancellation of contract ( rescission ). In the case of only minor defects, the customer has no right of rescission. With respect to claims for damages or for compensation for expenses ( hereinafter: damage claims ) because of a defect the liability stipulations below shall apply.
8.2 If the goods are bought for business purposes, warranty on consumer products is one year and Team-Foto GbR can decide if rectification of the defect or replacement at our discretion will be provided.
8.3 The customer shall notify Team-Foto GbR in writing of any obvious defects immediately after receipt of goods, otherwise pursuit of the warranty claim is excluded. Evidence of punctual posting shall be sufficient to show observance of this period. The deadline for pursuit of warranty claims shall be one year from the date of delivery of our products. The customer is obliged to give us the opportunity to inspect the defects. If he refuses to do so, Team-Foto GbR is also discharged from any liability for defects. Normal wear and tear, misuse, or improper care is not covered. Any repair or opening of the unit carried out by unauthorized personnel ( including the user ) will void the warranty.
8.4 If the repairs or the replacement fails, the customer can demand a reduction of the purchase price or a rescission of the contract.
8.5 Team-Foto GbR describes the items to the best of our ability, we reserve the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Unless expressly agreed otherwise in writing, the seller gives no warranties as defined by § 443 ( 1 ) and ( 2 ) BGB ( warranty as to condition / quality and durability ). Any references to a specification or any other condition / quality specifications and DIN ( Deutsche Industrienorm – German Industry Standard ) standards shall not constitute a warranty within the meaning of § 443 ( 1 ) and ( 2 ) BGB.

9. Liability

Liability for damages of any kind ( contractual and non-contractual ) is excluded, provided that they have not been caused on our part with intent or by gross negligence or by a violation of a fundamental and principal contractual obligation ( cardinal obligation ). The limitations of liability stipulated hereinabove do not apply to injuries to life and limb, for which we are accountable. Our liability in accordance with the provisions of the German Product Liability Act shall remain unaffected.
Should nevertheless liability be possible, it shall be limited for any and all damages to the value of the merchandise delivered by us and deployed by the buyer. We shall assume no liability whatsoever in the event that the motifs or designs requested by the buyer infringe upon the proprietary rights ( industrial designs, trademarks, etc. ) of a third party. The buyer shall indemnify and hold us harmless against any claim from third parties.

10. Place of performance, language and place of jurisdiction

10.1 Contracts concluded between the purchaser and Team-Foto GbR shall be on the basis of these terms and conditions. Unless otherwise agreed specially in writing.
10.2 Notice pursuant to Section 33 BDSG ( german data protection act ): The data of our contractual partners are stored and processed in a machine-readable form in compliance with the current statutory provisions regarding protection of privacy.
10.3 For any and all legal relationship between the parties to this contract, the laws of the Federal Republic of Germany shall apply under the exclusion of the so-called ”uniform sales laws” ( CISG & UN convention on contracts for the international sale of goods ).
10.4 The sole place of jurisdiction for any and all disputes between the parties under this contract is Donauwörth.
10.5 The contract language shall be German. In as far as the parties should make use of another language besides that, then the German wording shall have priority.
10.6 Place of performance shall be such place in accordance with the order, to which the product is to be delivered or at which the work or service is to be rendered. Place of performance for payments of Team-Foto GbR shall be the business seat of Team-Foto GbR.

11. Information about german batteries ordinance

Do not throw used batteries into the domestic waste. Please dispose them at a specialized trader or battery collecting points. Since 1998, the german battery decree ( Batterieverordnung ) obliges all citizens to dispose expired batteries exclusively via trade or special collection points ( legal return liability ). Trade and manufacturers are obliged to retract batteries and properly recycle or dispose them as hazardous waste ( legal retraction liability ). If you want to return your batteries to us, send them post paid to our address.

Team-Foto GbR
Brunnenhofweg 2b
86641 Rain-Etting
Germany

12. Packaging Ordinance

According to the Packaging Ordinance, we are obliged as a distributor to take back packaging of our products, which are not marked with an environmental sign ( like The Green Dot of Duales System Deutschland AG ) and to take care for recycling or disposal.

For further questions on the return set up for such products, please contact us at:

Team-Foto GbR
Brunnenhofweg 2b
86641 Rain-Etting
Germany

Service Times:	Monday thru Wednesday:   9.00am to 12.00am
Phone Number:	+49 1801 / 0206506481 ( 3.9 Cent per minute for calls from the T-Com network. Prices from mobile networks may be different )
Fax Number:	+49 3212 6506481 ( 0.14 Euro per minute for calls from the T-Com network. Prices from mobile networks may be different )
UID Number:	DE 220188793
Tax Number:	111/245/90169

 

We'll let you know a community collection point or waste management enterprise nearby, which will take back the packaging free of charge. If this is not possible, you can send the packaging back to us ( address is below ). We will recycle the packaging or dispose them according to the Packaging Ordinance.