1. Scope

These terms and conditions apply to all orders placed in the online shop of [name of the photo studio or owner], [street and number], [postcode and town], email [email address]. A consumer is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business or profession.

2. Conclusion of contract

The presentation of products in the online shop is not a binding offer but an invitation to order. You select photos and products, add them to the cart and submit a binding offer by clicking the order button. Until then you can check and correct your entries at any time. The contract is concluded when we confirm your order by email. The contract text is stored; you receive the order details with the confirmation. The contract language is English.

3. Prices and payment

All prices are in euros including the applicable VAT [small business exemption: without VAT under the applicable national rule] and exclusive of shipping costs, which are shown before you complete the order. You can pay with the methods offered during checkout, for example card payment, PayPal, prepayment by bank transfer or [cash on collection]. With prepayment, production starts once the payment has been received; if the payment is not received within [7] days, we may withdraw from the contract. [Delete payment methods you do not offer.]

4. Delivery and download

Prints and photo products are produced individually after receipt of payment and shipped within [delivery time, e.g. 5 to 10 working days] to the address you provide or [handed over through the school or nursery]. We deliver within [delivery area, e.g. the EU]. Digital images are available for download in your customer account after receipt of payment and remain there for [period, e.g. 90 days]. Please keep your own copies of downloaded files.

5. Right of withdrawal for consumers

Instructions on 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, other than the carrier, takes possession of the goods; for digital content it is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us ([name], [address], [email address]) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send your communication before the withdrawal period has expired.

Effects 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 standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back. You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

Exclusion and expiry of the right of withdrawal

There is no right of withdrawal for goods made to the consumer's specifications or clearly personalised (Art. 16(c) of Directive 2011/83/EU as implemented in national law). This includes prints and photo products with the photos of your child or family. For digital content, the right of withdrawal expires once we have begun delivery after you have expressly consented and acknowledged that you thereby lose your right of withdrawal (Art. 16(m) of Directive 2011/83/EU).

6. Retention of title

Delivered goods remain our property until they have been paid for in full.

7. Warranty

The statutory warranty rights apply. Minor differences in colour and brightness between the screen display and the print are due to the production process and do not constitute a defect as long as they stay within the usual range for the industry. Please report transport damage promptly, ideally with a photo of the damage.

8. Copyright and usage rights

The photographer remains the author of all photographs. When you buy digital images, you receive a simple, non-transferable right to use them for private purposes, for example prints, sharing within the family and private social media profiles. Commercial use, resale, licensing to image agencies and editing for advertising purposes are not permitted. For group photos, please respect the personal rights of the other people shown; publishing such images publicly requires their consent.

9. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under product liability law. In cases of slight negligence we are liable only for the breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place, and only for the foreseeable damage typical for this type of contract. Any further liability is excluded. Your statutory rights as a consumer remain unaffected.

10. Data protection

Information on the processing of your personal data can be found in our privacy policy.

11. Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.

12. Final provisions

The law of [country of the photographer's registered office] applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in another country, the mandatory consumer protection rules of that country remain unaffected. The place of jurisdiction for merchants is [registered office of the provider]. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

Model withdrawal form

If you want to withdraw from the contract, please fill in this form and return it to: [name], [address], [email address].

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods / for the provision of the following service: ____________
Ordered on / received on: ____________
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of consumer(s) (only if this form is notified on paper): ____________
Date: ____________

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