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Terms and conditions

Scope of application

  • For all deliveries from 35mmdealer – Fabio Heublein (hereinafter 35mmdealer) to consumers, these Terms and Conditions (T&C) apply.
  • A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

Offerings

  • Our offers are subject to change with regard to price, quantity, delivery periods and delivery options. The customer cannot derive any claims against us from obvious errors, any deviations from information in advertising material, in particular illustrations, typing and calculation errors, incorrect details of serial numbers and erroneous price labeling.

Contractual partner

  • The purchase contract is concluded with 35mmdealer, owner: Fabio Heublein, Braunschweiger Str. 37, 12055 Berlin

Conclusion of contract

  • The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
  • By clicking on the button [Kaufen/kostenpflichtig bestellen] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.

Right of withdrawal

  • If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
  • If you as a consumer exercise your right of withdrawal in accordance with section 4.1, you must bear the regular costs of the return shipment.
  • In all other respects, the provisions set out in detail in the following apply to the right of withdrawal

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Cancellation policy¹
Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us [enter the name of the entrepreneur, address and, if available, telephone number, fax number and e-mail address] of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear declaration electronically on our website (insert Internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

– End of the Cancellation policy –

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(¹ This withdrawal policy does not apply to the separate delivery of goods.)

 

Prices and shipping costs

  • The prices stated on the product pages include VAT and other price components.
  • In addition to the prices quoted, we charge a flat rate of €3.5 to €5 per order for delivery within Germany and €7 to €25 per order within the European Union. The shipping costs are clearly indicated on the product pages, in the shopping cart system and on the order page.

Delivery

  • Delivery is only possible within Germany and the European Union with DHL and Hermes.
  • The delivery time is up to 14 days. Any deviating delivery times are indicated on the respective product page.

Payment

  • Payment is made in advance.
  • If you choose to pay in advance, we will provide you with our payment details in the order confirmation and deliver the goods after receipt of payment.

Retention of title

  • The goods remain our property until payment has been made in full.

Liability for defects

  • If the goods are defective, we shall provide subsequent performance within a reasonable period of time, i.e. either a replacement delivery or rectification of the defects. If the subsequent performance chosen by you is only possible at disproportionate cost, we are entitled to provide subsequent performance in the other form. We shall bear the expenses required for subsequent performance. If we are unable to provide subsequent performance, you have the right to cancel the purchase or reduce the purchase price at your discretion.
  • Defective goods must be returned to us unless you have decided to reduce the purchase price.
  • Claims for defects shall become time-barred 2 years after delivery of the goods.
  • For second-hand goods: Before shipping, we check the goods for function, shutter speeds and other sources of error. The exact function of the shutter or other mechanical functions as well as the exact function of an exposure meter are not guaranteed characteristics. The warranty on second-hand goods is limited to one year in accordance with statutory regulations. Items older than 20 years are sold as collector’s items to the exclusion of any warranty.
  • All further claims of the customer, in particular for damages, are excluded.

Dispute resolution

  • The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
  • We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.