Right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg letter, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.
The revocation is to be addressed to:
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to compensate us for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By “testing the properties and functionality” we mean testing and trying out the respective goods, such as is possible and customary in a retail store.
Goods that can be shipped by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
The right of withdrawal does not apply to
contracts for the delivery of goods that are not prefabricated
which are manufactured according to customer specifications or
are clearly tailored to personal needs (according to § 312 d Abs. 1 BGB is according to § 312 d Abs. 4 Nr. 1 BGB).
End of the cancellation policy
Photos on customer order are made according to the customer’s specifications and tailored to his personal needs. A right of revocation is therefore excluded. Software and digital templates are excluded from return.
§ 1 Retention of title
Until full payment, the goods remain the property of Anna Försterling.
§ 2 Warranty for defects
(1) The customer has to claim defects of the delivered items immediately upon delivery, at the latest 7 days after receipt, in writing with a detailed description and, if necessary, document them with photos. A later assertion of obvious defects is excluded. Packages must be inspected by the customer immediately upon delivery from the transport company for external damage and this must be reported.
(2a) Taste complaints are not considered defects. Only deficiencies that could have been avoided according to the current state of the art shall be deemed to be justified defects. Accordingly, minor deviations from the original cannot be objected to unless they can be produced in an improved manner by the manufacturing process used in each case. In particular, color deviations, offsets and edge trims resulting from manufacturing tolerances do not justify a complaint about the goods. Major color deviations between different orders, reference samples or other templates shall likewise not constitute a defect if they were produced using a different production process or are attributable to the use of different machines.
(2b) Furthermore, a defect shall not be deemed to exist if a reduction in quality is caused by a defective quality (e.g. resolution) of the original image data or if it is attributable to material supplied by the Customer itself.
(2c) In case of a complaint about the color reproduction of a photo on a carrier material in comparison to the customer’s monitor, the customer is obliged to prove that the transferred digital photo corresponds to the usual standard, color profiles were used by Anna Försterling as soft proof, the monitor is calibrated and the customer’s output devices are in a technically perfect condition.
(3a) In case of defects of the delivered goods for which Anna Försterling is responsible, Anna Försterling is entitled to make a replacement delivery. If Anna Försterling does not comply with the justified request for a replacement delivery within a reasonable period of time or if Anna Försterling refuses the replacement delivery, the customer may demand the cancellation of the order or reduce the remuneration. Replacement deliveries are delivered to the shipping option (standard or express shipping), as chosen at the initial order.
(3b) Anna Försterling can decide whether the defective goods have to be returned by the customer and informs the customer about this decision in writing (e-mail or letter). In this case, Anna Försterling will bear the return costs by sending a return parcel slip in advance. The customer does not return the goods “freight collect” to Anna Försterling within the scope of his duty to mitigate damages, as this would result in higher shipping costs than after sending a return parcel slip. If the customer nevertheless sends the goods carriage forward, Anna Försterling is entitled to charge the difference.
§ 3 Contract language
The contract languages are English and German.
§ 4 Data security and data processing
(1) Anna Försterling will handle customer data (address, e-mail, telephone number) according to the legal regulations of the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act. A forwarding to third parties for advertising purposes is excluded.
(2) For purposes of preserving evidence, the image files transmitted or sent by the customer shall be stored until the associated invoice items have been settled. A further backup beyond the termination of the respective order will not take place in principle. The customer is obliged to save and secure all image files sent to Anna Försterling himself.
(3) Anna Försterling stores personal data about the customer in the context of the fulfillment of the contract with automatic data processing on her customer server.
§ 5 Applicable law and place of jurisdiction
(1) The business relations between Anna Försterling and the customers are subject to the law of the Federal Republic of Germany.
(2) Place of jurisdiction is the registered office of Anna Försterling.
§ 6 Severability clause
If individual provisions of these GTC and or the contract supplemented by them are or become invalid, the validity of the other provisions is not affected. The invalid provision shall be replaced by the relevant legal provision.