Terms of service

General Terms and Conditions for the Khrome Online Shop

Including consumer information

§ 1

Scope of application

(1) The following General Terms and Conditions (hereinafter "GTC") apply to all business relationships between you as a customer and us, Khrome Oliver Heinemann, Kaiser-Wilhelm-Str. 73, 20355 Hamburg (hereinafter also "Seller"), which are initiated and processed via our online store accessible at https://khrome.de.

(2) The version of the GTC that is valid at the time of the order shall apply. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

(3) Our products and services offered via the online store are aimed at both consumers and entrepreneurs, provided they are end customers. For the purposes of these GTC, (i) a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).

(4) The products and services offered via the online store are aimed exclusively at customers who are of legal age.

§ 2

Services of the online shop

(1) The customer can purchase the following services via the online store:

- Products and accessories from the field of photography

- Workshops/events

- Laboratory service

(2) Unless otherwise stated, the following provisions shall apply to all contracts concluded for the aforementioned services. Insofar as deviating regulations apply to certain services, this shall be indicated accordingly.

§ 3

Conclusion of contract in the online shop

(1) The pages with product offers that can be called up via the online store do not constitute an offer to conclude a contract, with the exception of the selection of payment methods of advance payment, but merely an invitation to place an order.

(2) The customer submits a contract offer by sending his order.

The customer can place an order via the online order form integrated into the online store. After placing the selected products and/or services in the virtual shopping cart and going through the digital ordering process by entering the information requested there, the customer places a binding order by clicking on the "[Designation]" button. By clicking the button concluding the order process, the customer submits a legally binding contractual offer in relation to the products and/or services contained in the shopping cart.

(3) On the last page of the digital ordering process, all entries can be checked again and corrected if necessary. The order process can be canceled at any time by closing the browser window.

(4) After the customer has sent his binding order, the customer receives an e-mail confirming receipt of the order and listing its details (order receipt confirmation). This order confirmation does not constitute acceptance of the customer's contractual offer, but is only intended to inform the customer that the order has been received.

(5) A contract is only concluded when the seller accepts the customer's order by means of a declaration of acceptance. The declaration of acceptance can be made by

- sending the customer an order confirmation by e-mail, whereby the receipt of the order confirmation by the customer is decisive in this respect,

- by delivering the ordered products to the customer, whereby the receipt of the products by the customer is decisive, or

- by requesting payment from the customer or debiting his means of payment after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first.

(6) The customer's order can be accepted within five working days. The period for accepting the contract offer begins on the day after the customer sends the contract offer and ends at the end of the fifth working day following the sending of the contract offer. If the customer's contract offer is not accepted within the aforementioned period, this shall be deemed a rejection of the contract offer with the consequence that the customer is no longer bound by his declaration of intent

(7) If the customer chooses the payment method credit card, Paypal, immediate bank transfer, where the account is debited immediately, the seller implicitly declares the anticipated acceptance of the contract offer by offering this payment option at the end of the order process. If the delivery of the products ordered by the customer or the provision of the services is not possible through no fault of the seller, the seller reserves the right to withdraw from the contract concluded with the customer. In particular, delivery is not possible if the Seller is not supplied by suppliers through no fault of the Seller or if the availability of a product explicitly refers to the stock that has already been sold at the time the contract is concluded. In this case, the Seller shall immediately inform the Customer of the exercise of the right of withdrawal and immediately refund any consideration already received.

(8) Order processing and contact are usually carried out by e-mail and with the help of automated, electronic processing. Invoices are sent exclusively in digital form to the e-mail address provided by the customer.

§ 4

Contract language, contract text storage

(1) The text of the contract (consisting of the order, GTC and order confirmation) shall be sent to the customer by the seller on a permanent data carrier (e-mail or post) at the latest upon delivery of the products (contract confirmation). The text of the contract is stored in compliance with data protection regulations. The text of the contract will not be made accessible beyond this. If the customer has set up a user account in the online store before sending his order, the order data will be archived on the website of the online store and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

(2) The contract language is German. Even if the contract text is translated into another language, the German contract text shall remain binding.

§ 5

Right of withdrawal

(1) Customers who are consumers are generally entitled to a right of withdrawal.

(2) Further information on the right of withdrawal can be found in the seller's withdrawal policy.

§ 6

Prices, terms of payment, retention of title

(1) Unless otherwise agreed, the prices stated in the online store on the day of the customer's order shall apply. Default occurs 30 days after invoicing.

(2) The prices quoted are total prices that include statutory VAT.

(3) Payments can generally be made by

- Credit card (Verified by Visa or MasterCard Secure Code)

- Debit card (Maestro)

- immediate bank transfer

- PayPal

- GooglePay

- ApplePay

- Store Pay

can be used. The options for payment methods are also indicated to the customer during order processing and before the order is sent. The seller reserves the right to exclude certain payment methods depending on the value of the order. A credit check by the seller only takes place if the customer has selected a payment method with default risk. The terms and conditions and data protection information of the respective payment provider shall apply.

(4) The delivered products remain the property of the seller until the purchase price owed has been paid in full.

§ 7

Shipping costs, delivery and service conditions

(1) The Seller only accepts orders from customers with their usual place of residence or registered office and billing address and (for product deliveries) delivery address in the European Union.

(2) The shipping costs may vary depending on the delivery area, the type of delivery and the nature of the order. Further information on the shipping costs can be found on the Shipping costs page.

(3) The customer generally has the delivery options of "collection" and "shipment". However, if one of the delivery options cannot be selected in the order process, it is not available.

(4) In the case of the "collection" delivery option, the customer must collect the products from the local store within the business hours specified by the seller at the address specified by the seller. The products are usually ready for collection 1-2 working days after conclusion of the contract. The customer will receive an e-mail as soon as the products are ready for collection. Upon collection, the customer must prove his identity with an official identification document.

(5) In the case of the "Shipping" delivery method, delivery is made by a shipping service provider commissioned by the seller to the delivery address specified in the order process. Delivery times specified by the seller are calculated from the time of conclusion of the contract, in the case of advance payment from the time of payment instruction. If no or no deviating delivery time is specified for the respective products, it shall be five working days. Public holidays and public holidays that vary within Germany affect the delivery time of the order and lead to a postponement of the delivery by up to two working days following the public holiday. Delivery and performance deadlines and dates are non-binding unless the seller has previously designated them as binding. Delivery in parts is permissible insofar as this is reasonable for the customer based on a weighing of interests.

(6) Force majeure, strikes, lockouts, incapacity through no fault of the Seller, in particular machine downtime through no fault of the Seller, power and water failure shall extend the delivery period by the duration of the hindrance, but by a maximum period of three months, provided that

- the Seller is not responsible for the delay and/or

- the Seller has ordered the products after the conclusion of the purchase contract in such good time that timely delivery could be expected under normal circumstances.

§ 8

Warranty, guarantee

(1) The statutory warranty regulations shall apply.

(2) In this respect, the statutory provisions shall apply to entrepreneurs with the following provisos:

(a) The customer must comply with the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code) if he is acting as a merchant within the meaning of § 1 HGB. If the customer, who is a merchant, does not comply with the notification obligation regulated therein, the delivered products shall be deemed approved.

b) In the event of defects in the products, the Seller shall be entitled, at its own discretion, to provide subsequent performance by remedying the defect or delivering defect-free products. In the event of rectification of the defect, the Seller shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the products have been taken to a place other than the agreed delivery address. Personnel and material costs claimed by the customer in this connection shall be charged on a cost price basis.

c) The limitation period for the customer's claims for defects in new products is one year from delivery of the products.

d) In the case of used products, all rights and claims for defects are excluded.

e) The unlimited liability for damages resulting from the breach of a guarantee or from injury to life, body or health, for intent and gross negligence and for product defects as well as fraudulent concealment remains unaffected. In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

(3) If products are delivered with obvious transport damage, the customer, who is acting as a consumer, should immediately complain about such defects to the deliverer and inform the seller of this. If the customer fails to do so, however, this shall have no effect on his statutory or contractual claims, in particular warranty rights.

(4) An additional guarantee only exists for the products delivered by the seller if this was expressly stated in the order confirmation for the respective product or on the product detail page.

§ 9

Special conditions for events

For the booking and utilization of events, the following special contractual terms and conditions apply in addition to or in deviation from the general terms and conditions:

(1) Services

The object of the service is participation in a workshop, seminar or training course organized by the organizer (hereinafter "event"). The type, content and scope of the training can be found in the respective description of the event.

The events are aimed at an audience interested in photography, media and film. Depending on the event, the training content is suitable for people with and without prior knowledge or only for professionals. The required prior knowledge can be found in the respective event description. The content, structure, sequence and organization of the event as well as the selection of the lecturer(s) are determined by the seller. The contents of the events described may be adapted during the event depending on the requirements, prior knowledge, wishes of the participants or other circumstances, provided that the change or deviation from the description is reasonable, taking into account the interests of the participants.

If special equipment is required for participation, this will also be indicated in the description of the event. The customer shall be responsible for providing the necessary equipment. In the case of equipment provided by the seller, the customer is not entitled to personal use during the entire event, but may have to share the equipment with other event participants.

The minimum number of participants per event can be found in the respective description of the event.

(2) Cancellation of events

The seller is entitled to cancel the event up to 1 week before the start of the event if the minimum number of participants stated in the description of the event is not reached.

The seller also reserves the right to cancel an event at short notice if

- the instructor is unable to attend due to illness or accident and no suitable replacement instructor is available,

- in the event of a weather-related safety risk for outdoor events or

- in other cases for which the seller is not responsible.

If the seller cancels the event completely, the costs of the event will be refunded immediately to the original means of payment used. Further claims for damages by the customer, e.g. travel or accommodation costs, can expressly not be asserted against the seller, provided the seller is not responsible for the cancellation.

In the case of courses with outdoor components, these will also be held outdoors in bad weather. The seller is not obliged to offer alternatives. However, alternative options can be mutually agreed between participants and instructors during the course. There is no entitlement to a weather-related refund of costs if a customer does not show up due to bad weather or does not wish to participate in parts of the event.

(3) Prices

The costs of the event are due as an advance payment upon conclusion of the contract prior to participation. In exceptional cases or in the case of registration at very short notice before the event, cash payment is possible at the beginning of the event, which requires special agreement. The seller has the right to refuse performance until the costs have been paid in full. The costs shall also be owed if the customer does not appear at the event.

(4) Rights of use

The documents, photos, films or other copyright-protected works handed out during events may only be used by the customer within the framework of the event. Subsequent reproduction and publication, including via social media, is not permitted without the express consent of the seller and the respective lecturer. The right to use the documents exists only for personal use for study purposes during the event.

The photos, films and other works created by the customer during the event may be subject to image rights, copyrights, trademark rights and personal rights. The customer is responsible for taking these property rights into account. The customer must make the necessary agreement with the lecturers, photographers, models or other rights holders regarding the granting of rights of use.

(6) Cancellation by the customer and refund

The customer is entitled to nominate another participant (substitute participant) instead of the originally registered customer at any time before the start of the event For this purpose, the customer must send the details of the new participant to the seller by e-mail before the start of the events. The obligation to pay the agreed costs remains unaffected by this.

The contractual partner may cancel the contract without giving reasons up to the end of the 7th calendar day before the start of the event. In the case of events with several dates, the first date shall be deemed to be the start of the event. Cancellation must be declared by email to info@khrome.de or in person at the Khrome store at Kaiser-Wilhelm-Strasse 73, 20355 Hamburg within the deadline. The relevant date for meeting the deadline is the date of receipt of the declaration. In the case of chargeable events, the obligation to pay lapses upon receipt of the declaration of cancellation. In the event of cancellation within the deadline, any costs already paid for the event will be refunded to the original means of payment used.

(7) Warranty

There is no statutory warranty for defects for the event contract.

§ 10

Special provisions for the laboratory service

For the booking and use of laboratory services, the following special contractual terms and conditions apply in addition to or in deviation from the general terms and conditions:

(1) After conclusion of the contract, the customer must send the seller the originals, negatives, templates and other documents (whether physical or digital) (hereinafter "material") commissioned for development, to the address specified in the ordering process. If the material does not reach the seller within 21 days of conclusion of the contract, the seller reserves the right to withdraw from the contract. Any payments already made will be refunded immediately. The following also applies: After the material arrives, the seller checks whether it is suitable for the laboratory services ordered. If, in the opinion of the seller, this is not the case or the implementation is too risky, the seller has the right to withdraw from the contract within 10 working days of receipt of the materials. In this case, the Seller shall immediately return the material to the Customer at the Customer's expense and reimburse the Customer for any payments already made.

(2) The customer shall be obliged to obtain all copyrights or copyrighted rights of use that are necessary for the execution of the order. If rights, in particular copyrights of third parties, are infringed by the execution of the order as a result of failure to obtain the rights of use, the customer shall indemnify the seller comprehensively against all claims of third parties, including the reasonable costs of legal defense.

(3) If the customer requires an exact format, this must be expressly agreed when the order is placed. If the customer does not provide specific information about the color, brightness or contrast for reproductions, reproduction or duplication, we shall determine these properties at our reasonable discretion, taking into account the recognized rules of technology. Minor deviations in the dimensions of the work results due to production technology are permissible, provided that these do not lead to a restriction of usability.

(4) Subsequent changes to the commissioned services at the request of the customer shall be invoiced separately. In individual cases, we reserve the right to demand advance payment, an appropriate down payment or (at any time, including during the processing of the order) an appropriate advance payment or an appropriate payment on account from the customer when the order is placed.

(5) The work results are to be collected from the seller's store. Unless otherwise stated in the order process, collection can usually take place within 5-14 working days after receipt of the materials. Delivery by dispatch must be agreed and paid for separately. If the customer is not a consumer, shipment shall be at the customer's risk. This also applies if the shipment is made within the same location or by our own employees or vehicles. All shipping costs shall be borne by the customer. The shipping costs will be communicated in advance. Packaging, protective and transportation aids will not be taken back unless expressly agreed otherwise. The shipment shall only be insured at the request and expense of the customer.

(6) The customer shall be obliged to accept the work produced in accordance with the contract, i.e. the work result of the laboratory service.

(7) The statutory warranty provisions shall apply to entrepreneurs with the following provisos: In the event of justified complaints, the Seller may, at its discretion, either remake or repair the work within a reasonable period of time. If new production or rectification fails, the customer may withdraw from the contract or reduce the remuneration. Subsequent performance shall only be deemed to have failed if the second attempt at subsequent performance has failed, unless the special circumstances or the nature of the defect indicate otherwise or if subsequent performance is unreasonable for the customer. If the customer is not a consumer, claims for defects shall become time-barred within 12 months of delivery. § Section 634 a (3) BGB remains unaffected.

§ 11

Liability

(8) Seller shall be liable without limitation for damages resulting from the breach of a guarantee or from injury to life, body or health. The same applies to fraudulent intent, intent and gross negligence. The Seller shall only be liable for slight negligence if material obligations are breached which arise from the nature of the contract and which are of particular importance for achieving the purpose of the contract. In the event of a breach of such obligations, default and impossibility, the Seller's liability shall be limited to such damage as must typically be expected to occur within the scope of this contract (foreseeable damage typical for this type of contract). If the customer is an entrepreneur within the meaning of § 14 BGB, the parties agree that the foreseeable damage typical for the contract arising from breaches of duty under a contract shall not exceed EUR 5,000. This limitation shall not apply if the customer has expressly informed us in writing of a higher risk of damage when placing the order. Mandatory statutory liability for product defects remains unaffected.

(9) Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and vicarious agents.

§ 12

Platform for online dispute resolution, participation in the dispute resolution procedure

(1) Under current law, the seller is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for setting up the platform. The customer can find the European Online Dispute Resolution Platform here:

http://ec.europa.eu/odr.

(2) The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and has therefore decided against voluntary participation.

§ 13

Making contact, complaints

Any questions regarding the order, the right of withdrawal or complaints should be addressed to

Khrome Oliver Heinemann

Kaiser-Wilhelm-Str. 73

20355 Hamburg

By telephone to customer service:

Tel.: 040 81 99 1084

By e-mail to customer service:

E-mail: info@khrome.de

§ 14

Final provisions

(1) German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes shall be the seller's registered office in Hamburg or, at the seller's discretion, the customer's general place of jurisdiction. Otherwise, the statutory provisions shall apply.

(3) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining contractual conditions.