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 regarding price, quantity, delivery times, and delivery options are non-binding. The customer cannot derive any claims against us based on obvious errors, any deviations from information in advertising materials (especially illustrations, typing and calculation errors), incorrect serial number information, or erroneous pricing.
Contractual partner
- The purchase agreement is concluded with 35mmdealer, Owner: Fabio Heublein, Burgsdorfstr. 2, 13353 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 the [Buy/Order now] button, 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.
To exercise your right of withdrawal, you must inform us [insert name of entrepreneur, address and, if available, telephone number, fax number and email address] by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. You can also electronically fill out and submit the sample withdrawal form or any other clear statement on our website (insert internet address). If you make use of this option, we will immediately (e.g., by email) send you confirmation of receipt of such a withdrawal.
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 you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or hand over the goods to us or to (insert name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
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 will provide supplementary performance within a reasonable time, i.e., either by replacement delivery or by rectification of the defects. If the supplementary performance chosen by you is only possible with disproportionate costs, we are entitled to perform in the other form. The expenses required for supplementary performance shall be borne by us. If we fail to provide supplementary performance, you have the right, at your discretion, to rescind the purchase or reduce the purchase price.
- 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 potential sources of error. The exact function of the shutter or other mechanical functions, as well as the precise function of a light meter, are not guaranteed properties. The warranty for second-hand goods is limited to one year according to legal regulations. Items older than 20 years are sold as collector’s items with 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 online dispute resolution. This platform serves as a contact point for the out-of-court resolution 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.
