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General Terms and Conditions for the Use of the Online Portal www.lfi-online.de

The online portal www.lfi-online.de (hereinafter: LFI-Online) is operated by LFI Photographie GmbH based exclusively on the following terms. Provisions set out in specific sections govern particular goods and services, for generally applicable provisions please refer to section 3.:

1. LFI Shop
2. LFI Galerie
3. LFI General Terms and Conditions

These terms and conditions apply to all commissions, orders and use agreements between LFI Photographie GmbH and all users/customers, including any future processes, commissions or transactions, which may be concluded without any explicit references to these terms. Please understand that we shall have to reject any deviating terms and conditions of the contractual partner/user, and that we can only accept deviating terms if we have expressly stated our written consent in advance.

Provider identification:
LFI Photographie GmbH
Managing Director: Steffen Keil
Amtsgericht Wetzlar HRB 6090  [Magistrates’ Court]
Burchardstraße 14, D-20095 Hamburg
Email: info@lfi-online.de

1. LFI-Shop

1.1. Conclusion of Contract: The product offerings on LFI-Online are without obligation and do not yet constitute a binding offer for sale. Refer to 3.1. of the General Terms and Conditions for the conclusion of a contract.

1.2. Right of Rescission and Right of Return: You can revoke your declaration of contract in writing (e.g. by letter, fax, email or – if the item was relinquished to you prior to the expiry of term – by returning the item) within a fortnight without stating any reasons. The term commences upon receipt of this instruction in writing, but not prior to the recipient receiving the goods, and for recurring deliveries it does not commence prior to the receipt of the first part delivery, and not before we have complied with our obligations to disclose pursuant to § 312c section 2 BGB [German Civil Code] in conjunction with § 1 section 1, 2 and 4 BGB Information Regulation. To adhere to the rescission period, it suffices to dispatch the rescission notice or the item in time. Rescission notices should be addressed to:

LFI Photographie GmbH
Managing Director: Steffen Keil

Amtsgericht Wetzlar HRB 6090  [Magistrates’ Court]
Burchardstraße 14, D-20095 Hamburg
Email: info@lfi-online.de

Consequences of Rescission: In case of an effective rescission, the goods and services received on both sides must be returned, and any benefits derived from their use (e.g. interest) paid back. If you are unable to return to us the full extent or part of the received goods, or you are only able to return them in a deteriorated state, you may have to compensate us for any ensuing loss of value. Regarding the surrender of goods, this does not apply, if the goods have only deteriorated as a result of being examined – as you would have been able to do in a retail shop. Apart from that, you can avoid the obligation to compensate any loss in value resulting from deterioration through the designated use of the item, and by not using the item as your property and desisting from doing anything, which might affect its value. You will be responsible for the return delivery costs, if the delivered goods match the order, and the price of the item to be returned does not exceed 40 Euro, or, for items at a higher price, if at the time of the rescission you have not yet paid in full or made a contractually agreed instalment payment. Otherwise, the return delivery will be free of charge to you. Items, which can be sent by parcel, are to be returned at our cost and risk. Items, which cannot be sent by parcel, will be collected from your address. Obligations to refund payments must be complied with within 30 days. For you, this term commences with the dispatch of your statement of rescission or the item; for us, it starts with its receipt.

1.3. Delivery: Stated delivery periods do not constitute binding delivery dates or fixed dates, unless expressly confirmed as such. The commencement of our stated delivery period is subject to the clarification of all technical issues, as well as the timely and proper collaboration of the person ordering. We do not assume any procurement risks. In case of non-fulfilment of the contractual delivery obligations of our supplier, delivery dates may be delayed. In this case, we also have the right to rescind, provided we did not act with intent or commit gross negligence. If the ordered product is unavailable, we will advise you without delay, and we will reimburse you the already paid purchasing price. We are only in default, if you have given us a written two-week extension for delivery. If the person ordering delays acceptance or fails to adhere to his obligations to collaborate, we are entitled to demand any resulting losses and additionally incurred costs.

1.4. Shop Prices: The total of an order including packaging and shipping is always calculated based on the prices and shipping costs, which are stated on the last order page prior to the order being submitted. Prices include the applicable value added tax amount as required by law. The purchasing price and shipping costs must be paid upon conclusion of the agreement. Please understand that deliveries abroad can only be individually calculated, and can only be made against advance payment.

Apart from that, the General Terms and Conditions stated in section 3. apply.

2. LFI Galerie Rules of Use

As part of the LFI Galerie our company, LFI Photographie GmbH offers you the opportunity to place your own photos on the Internet, to create profiles, and to evaluate and comment on other photos, and – where offered – to sell prints as well. By using this service, you agree to the Terms and Conditions. However, the administrators of the LFI Galerie are not in a position to check every single posting. In order to protect the rights of users and third parties, and also for our own protection, it is therefore necessary to stipulate a number of rules:

2.1. User Responsibilities: We are merely providing the Internet interface for the publication of third party postings, and therefore do not accept liability for any of the contents published by LFI Galerie users. Please note that as a user, you are fully responsible to ensure that the contents of your postings is legal, and particularly, you must observe the following

- postings must not breach any third party copyrights and/or rights of use; you may only broadcast postings for which you own the sole copyright; and
- which do not breach the personal rights of third parties; any persons depicted on photos must have explicitly consented to publication;
- postings may not contain any advertising; and
- must not be liable to corrupt the young, contain any pornographic, racist, offensive, defamatory or otherwise illegal contents.

2.2. User Account: Your user account may only be used by you personally. You must therefore ensure that third parties do not learn your password, and that third parties cannot place postings via your user account.

2.3. Verification Provision: While we are entitled to verify the legality of any broadcast contents, we are not obliged to do so. We have to reserve the right to reject any individual postings, which do not comply with our requirements, or use our discretion to exclude users who breach the law or any of these rules, and to remove postings from the LFI Galerie. There is no entitlement to have photos published in the LFI Galerie.

2.4. Copyright and Right of Use: By transferring your postings to our servers, you are declaring that you may execute the rights of use for the contents. At the same time, you are granting LFI Photographie GmbH a right to use your digital photographs. This right of use includes the open-ended right to copy, distribute and to make publicly available any such contents as part of the Internet offering by the LFI Galerie on a worldwide basis. This right of use is granted free of charge. You can revoke this right of use at any time. We will then cease usage. Please understand that even if the individual work can no longer be accessed directly, works may continue to appear in different contexts until up to six months later.

2.5. Breach of Third Party Rights: If any third party claims a breach of its rights resulting from contents posted by you, you agree that you will give us the best possible support to counter such claims, and that you release us from any claims a third party may make against us resulting from a breach of their rights due to your postings.

2.6. Data Protection: Please note that we do not backup transferred data, and therefore do not accept liability for any data loss.

Apart from that, the General Terms and Conditions as stated in section 3. apply.

3. General Terms and Conditions

3.1. Conclusion of Contract: All product offerings on LFI-Online are without obligation and do not yet constitute a binding offer for sale. You can place your order via the Internet, via email, via fax or in writing. Your order constitutes a binding offer. To verify the order, we will first send you a confirmation of receipt, the correctness of which you will need to confirm to us. The agreement regarding the selected articles/services is realised upon our acceptance of your offer, which in turn we will confirm, or by providing the service and/or shipping of the goods.

3.2. Pricing and Payment: Unless otherwise stated in the individual offer, prices are exclusive of packaging and shipping, and inclusive of statutory value added tax. Before submitting the order, you will generally be given a summary of prices and shipping costs on the last order page. Otherwise, the LFI Photographie GmbH price lists applicable at the time of the order shall apply.

Unless otherwise agreed, LFI Photographie GmbH will provide the services upon receipt of advance payment. Apart from that, the following applies: At the latest, the total is due upon receipt of the goods. The person ordering will be arrears within 30 days of receipt of the invoice.

The ordering person may only offset payments against legally determined or unchallenged outstanding amounts. A right of retention can only be claimed based on a counter claim derived from the same contractual relationship.

3.3. Delivery: Deliveries are made to the address stated by the customer. Deliveries are made at the customer’s expense and risk. Obvious defects must be immediately contested, at the latest within four weeks of taking receipt. If the customer fails to make such a notification, the delivery shall be deemed approved.

3.4. Reservation of Proprietary Rights: The delivered goods shall remain our property until full payment for the order has been made. A breach of the ordering person’s obligations, particularly late payment, shall entitle us to request the surrender of the delivered items and/or terminate the contract without notice. A request to surrender the item does not constitute a notice of repudiation, unless specifically stated.

The ordering person must take care of the delivered items until ownership has been transferred. He must give immediate notification if delivered items have been seized or are subjected to third party interference, or if they are damaged or destroyed. The breach of any of these obligations may result in compensation claims for the damage caused.

3.5. Warranty, Liability: Immediately upon receipt, please check the delivered items for any obvious signs of damage or defects. If the delivered goods have any defects, please contact us immediately. Please understand that obvious defects can only be claimed within four weeks from the delivery date.

To start with, you can ask for repair or substitute delivery. The ensuing costs for shipping and repairs are borne by LFI. However, pursuant to § 439 section 2 BGB [German Civil Code], we are entitled to either refuse the repair or renewed delivery, if this can only be done at disproportionate cost.

Pursuant to legal provisions, you can only demand rescission, diminution and damages, if we are unable to make renewed delivery, if it is unreasonable pursuant to § 439 section 2 BGB, or if it has failed. Renewed delivery is only deemed failed after the second unsuccessful attempt. Damages can only be claimed in accordance with the following regulated terms.  

LFI Photographie GmbH does not guarantee that the provided information is current, correct, complete, nor does it guarantee its quality. Any liability claims against the operator are precluded in principle, unless the operator is at fault by intent or has acted with gross negligence. We are not in a position to check the contents of direct or indirect references to third party websites (links) comprehensively and consistently. We therefore do not accept any liability for such third party websites.

3.6. Damages: In cases of intent and negligence of LFI staff, representatives and vicarious agents, LFI assumes liability in accordance with statutory provisions. Apart from that, LFI is only liable for injury of life, body and health, and in accordance with the Product Liability Act, and for damages resulting from a breach of a principle covenant relevant to the contract. In all cases, compensation claims on the grounds of contractual principle covenants are restricted to foreseeable damage consistent with the contract. Liability for any damage the delivery item caused to legally protected interests of the ordering person, e.g. damage to other items, is excluded. This provision covers damages aside from the service and instead of the service, regardless of the legal reason. It also applies to the substitution of futile expenditures. Claims for damages aside from or instead of the service as well as due to delay of the service are limited to the actual order value. Any further liability for any delays is excluded. Liability for misuse of the contractual partner’s data by third parties, which have gained access to the data against the seller’s volition and without his fault, is excluded. In case of intent and gross negligence of LFI, statutory provisions shall apply. Insofar as liability is limited in accordance with the afore-mentioned provisions, this also applies to the staff, agencies and vicarious agents of LFI Photographie GmbH.

3.7. Copyright and Naming Right: In all our publications, we endeavour to observe the copyrights for photos, graphics, audio files and texts used. If you notice an image or contribution in our online offering, which breaches copyrights, naming, personal or any other rights, please notify us directly. We deal with these issues in a swift and uncomplicated manner. This applies particularly to the LFI Galerie, where we offer users the opportunity to place their own photos on the Internet themselves. This is considered third party contents, unless expressly indicated to the contrary. We are not in a position to verify the legality of all broadcast postings. If you notice an illegal posting, we would appreciate a quick notice, so that any possible deficiency can be remedied immediately.

In such a case, please contact:

LFI Photographie GmbH
Managing Director: Steffen Keil

Amtsgericht Wetzlar HRB 6090  [Magistrates’ Court]
Burchardstraße 14, D-20095 Hamburg
Email: info@lfi-online.de

All contents of the LFI web pages is protected by copyright. All brand and trade names mentioned as part of the Internet offering, which may be protected, are fully subjected to the stipulations of the applicable naming right and the possessive rights of their respective registered owners. The copyright for published items created by LFI itself lies solely with the company LFI Photographie GmbH. It is not permitted to copy or use such photos, texts, graphics or audio files in other electronic or print publications without the explicit consent of LFI Photographie GmbH.

3.8. Data Protection: LFI takes data protection seriously. We collect your personal data in accordance with legal data protection regulations. Personal data is stored in relation to orders placed through our shopping system. This data is stored solely for the purpose of facilitating the business transactions requested by you. This address data will not be sold to third parties. Data will only be passed on to third parties, if and as far as required to fulfil the contract. Every time a user accesses a page on the LFI online portal and calls up a file, anonymised data relating to this process is stored in a log file. This data is stored for internal, system-related and statistical purposes. Individual user data will not be correlated.

You may revoke your previously given consent to the further use of your data at any time. In addition, you have the right to information as well as a right to have your collected data amended and deleted. In relation to this, please contact info@lfi-online.de .

3.9. Final Provisions: We expressly reserve our right of ownership and copyright for all documentation, e.g. calculations, drawings etc., relinquished to the person ordering in connection with the order placement. This documentation must not be made accessible to third parties, unless we have given the person ordering our explicit consent. Insofar as we have not accepted the offer of the person ordering within the term of a fortnight, this documentation must be returned to us without delay.

All offers and orders via LFI-Online are subject to German law. The UN Sale of Goods Act is excluded.

If any one of these provisions is held to be invalid, this shall not affect the validity of the remaining provisions.

As far as the person ordering is not a consumer, the place of jurisdiction for claims arising from this contractual relationship shall be Hamburg, which also applies to orders from abroad.

Any declarations, amendments and additions to the contract must always be made in writing and agreed upon. This also applies to any amendments to this clause governing the use of the written form.

Hamburg, October 2011
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