TERMS AND CONDITIONS
LFI Photographie GmbH operates the online portal www.lfi-online.de exclusively on the basis of the following terms and conditions. Unless otherwise specified, these terms and conditions apply accordingly also to the Websites http://m-magazine.photography and http://s-magazine.photography operated, as well as the LFI, M and S Apps for Apple and Android devices offered by LFI Photographie GmbH. The mentioned Websites and Apps shall be hereinafter referred to comprehensively as “LFI Online”.
Users acknowledge that the services and features regulated by these terms and conditions may not be available on all websites or apps described above. Further details about the respectively available services and features result from each website or app.
Special sections will apply for special services. At section 3. you will find provisions applicable to all areas. The following terms are divided into:
1. LFI MAGAZINE AND SHOP
2. LFI.GALLERY
3. LFI GENERAL TERMS
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
Burchardstraße 14
20095 Hamburg
Germany
Managing Director: Steffen Keil
Commercial Register Number: Amtsgericht Wetzlar HRB 6090
Phone +49 (0) 40/2 26 21 12 80
Fax +49 (0) 40/2 26 21 12 70
ISSN 2192-8347
Sales Tax Identification Number: DE276250246
E-Mail: info@lfi-online.de
1. LFI MAGAZINE AND SHOP
1.1. conclusion of Contract: The product offers on LFI-Online are non-binding and do not yet constitute a binding offer for sale. For the conclusion of the contract see 3.1. of the General Conditions.
1.2. right of withdrawal: Consumers have a 14-days right of withdrawal. The following withdrawal instructions therefore only apply to consumers.
Notice about right of withdrawal
Withdrawal instructions in case of delivery of products
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period elapses fourteen days after the day on which you or a third party duly designated other than the carrier, has taken possession of the last delivered product.
To exercise your right of withdrawal, you must inform us (LFI Versandservice, Carl-Zeiss-Str. 5, 53340 Meckenheim, Germany, tel. +49 (0) 2225 7085370, fax: +49 (0) 2225 7085399, e-mail: lfi@aboteam.de) by means of a unambiguous notice (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached
withdrawal form,
ut this is not mandatory.
In order to exercise withdrawal timely, it is sufficient that you submit the notice before the expiry of the revocation period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice a delivery method other than standard delivery), immediately and no later than 14 days from the day we receive notice of your withdrawal. Unless expressly agreed otherwise with you, we will use the same means of payment you used for the original transaction for this refund; in no event will you be charged any fees for processing the refund. We may refuse to refund until we have received the goods back or until you can prove that you have sent the goods our way, whichever is earlier.
You must send or hand over the goods to LFI Versandservice, Carl-Zeiss-Str. 5, 53340 Meckenheim, Germany without undue delaty and in any case within fourteen days from the day on which you have informed us about withdrawal. The deadline is met if you submit or hand over the products before expiration of the mentioned 14-days period.
Goods that cannot be sent by parcel post shall be collected by us.
We bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the condition, characteristics and functioning of the goods.
The right of withdrawal does not apply in the following cases:
- contracts for the delivery of newspapers, magazines or periodicals, with the exception of subscription contracts.
Withdrawal instructions for the regular delivery of goods over a fixed period (subscription contracts)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period elapses fourteen days after the day on which you or a third party duly designated other than the carrier, has taken possession of the product delivered first.
To exercise your right of withdrawal, you must inform us (LFI Versandservice, Carl-Zeiss-Str. 5, 53340 Meckenheim, Germany, tel. +49 (0) 2225 7085370, fax: +49 (0) 2225 7085399, e-mail: lfi@aboteam.de) by means of a unambiguous notice (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached
withdrawal form,
but this is not mandatory.
In order to exercise withdrawal timely, it is sufficient that you submit the notice before the expiry of the revocation period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice a delivery method other than standard delivery), immediately and no later than 14 days from the day we receive notice of your withdrawal. Unless expressly agreed otherwise with you, we will use the same means of payment you used for the original transaction for this refund; in no event will you be charged any fees for processing the refund. We may refuse to refund until we have received the goods back or until you can prove that you have sent the goods our way, whichever is earlier.
You must send or hand over the goods to LFI Versandservice, Carl-Zeiss-Str. 5, 53340 Meckenheim, Germany without undue delaty and in any case within fourteen days from the day on which you have informed us about withdrawal. The deadline is met if you submit or hand over the products before expiration of the mentioned 14-days period.
We bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the condition, characteristics and functioning of the goods.
End of notice about right of withdrawal
1.3. delivery: The indicated delivery periods are not binding delivery dates or fixed dates, unless they have been expressly designated as such.
1.4. shop prices: For the calculation of the total value of an order including packaging and shipping, the prices and shipping costs stated on the last order page before placing the order always apply. The prices contain the applicable statutory value-added tax in Germany. For deliveries outside the EU, additional customs duties, taxes and charges may apply. Please contact your customs office for more information.
1.5. The price is due upon conclusion of the contract. Regarding the payment, the customer has the choice between the payment methods offered in the ordering process. These methods are also listed in the shop. The delivered products remain the property of LFI Photographie GmbH until full payment has been received.
In addition, 3. general terms and conditions apply.
2. LFI.GALLERY TERMS OF USE
In the LFI.Gallery we, the LFI Photographie GmbH, offer you the possibility to upload your own photos to the Internet, to create profiles and to save other photos as favorites. By using this service, you agree to the terms. Administrators of the LFI.Gallery cannot check your posts before they are published. In order to protect the rights of users, the rights of third parties and also for our own protection, a number of rules must therefore be agreed for the use of the gallery:
Responsibility of users: We only provide the infrastructure for the publication of third-party contributions and are therefore not liable for content published by users of the LFI.Gallery. The contents published by the users are not checked. Therefore, please note that you as a user are responsible for ensuring that the contents of your contributions are lawful and, in particular
- do not infringe the copyrights and usage rights of third parties. You may only transfer contributions to which you have exclusive copyright or the sole and comprehensive right of use.
- do not violate the personal rights of third parties. Persons depicted on the photos must have expressly agreed to the publication, unless statutory exceptions apply.
- do not contain any advertising.
- are not pornographic, liable to corrupt minors, racist, offensive, defamatory or otherwise illegal
2.2. User account: Only you personally may use your user account. Therefore, please make sure that the password does not become known to third parties and that third parties cannot post contributions via your user account. We reserve the right to delete your user account in the event that a complaint procedure is initiated pursuant to Section 2.5. due to content published by you.
2.3. Copyright/ rights of use: By transferring the contributions to our servers, you declare that you have the right to use the content. At the same time, you grant LFI Photographie GmbH the right to use your digital photographs. This right of use includes the worldwide unlimited right to copy, distribute and make publicly available within the Internet offer of the LFI.Gallery and on social media platforms such as facebook and instagram. This right of use is granted free of charge. You may revoke the right of use at any time. We will then immediately take technical precautions to terminate the use. Even if the individual work cannot usually be called up directly anymore, we ask for your understanding that the works may still be visible in different contexts up to six months later.
2.4. Publication: When you upload your images via your account, they are first automatically saved in the “Inbox”. There they are not yet publicly available. By moving your pictures to other albums, they become publicly visible and are available to our picture editors for evaluation and presentation, for example in our magazine or gallery. They can then be selected and presented as “Leica Master Shots” or “Picture of the Week”.
2.5. Violation of third party rights: If third parties assert the violation of their rights through content published by you, we initiate a complaint procedure pursuant to Section 2.6. Furthermore, you commit to make your utmost effort to support us in managing such claims and in particular to indemnify us from all claims asserted by third parties due to the infringements of rights based on your contributions.
2.6. complaint procedure
As soon as a third party asserts the infringement of its own rights due to content published by users, we conduct a complaint procedure. In the course of this procedure, we first check whether the alleged infringement is clearly identifiable.
2.6.1 Clearly identifiable infringement of rights:
A breach of law is clearly identifiable if we can establish it without detailed legal and actual review and without legitimate doubts remaining. A clearly identifiable infringement of rights therefore exists in particular if the infringement consists in making publicly available a 1:1 copy of a copyrighted work or a processing thereof and the authorship or other entitlement of such third party is proven.
In the event of a clearly identifiable infringement, we delete the infringing content from our servers and ensure that an identical infringement is not repeated. In addition, we will take appropriate measures to prevent similar violations.
2.6.2 Not clearly identifiable infringement of rights:
In case of not clearly identifiable infringements, we will initially block the content objected to by third parties and inform the user about the complaint. In the event that the third party provides further evidence within a reasonable period of time, thereby allowing for the clear identification of the infringement of rights or the user does not oppose the complaint within a reasonable period of time, we will proceed pursuant to Section 2.6.1. Otherwise the blocking of the objected contents will be lifted.
However, we reserve the right to proceed immediately in accordance with Section 2.6.1, even in the event of an infringement of rights that is not clearly identifiable.
2.7. Data backup: Please note that we do not back up the transmitted data and are therefore not liable for any data loss.
In addition, 3. general terms and conditions apply.
3. GENERAL TERMS AND CONDITIONS
3.1. conclusion of contract: All offers on LFI-Online are non-binding and do not yet constitute a binding contractual offer. You can place your order via the Internet, by e-mail, by fax or in writing. Your order is a binding offer. For checking your order, you will first receive a confirmation of receipt, which you have to confirm to us. The contract for the selected articles/services comes into effect when we accept your offer by the then following confirmation or by the execution of the service, more specifically by the shipment of the goods.
Prices and payment: Unless otherwise stated in the individual offer, prices do not include packaging and shipping, but include statutory value added tax. Before placing your order, you will usually receive a summary of prices and shipping costs on the last order page. Otherwise the price lists of LFI Photographie GmbH valid at the time of the order shall apply.
The total amount is due upon conclusion of the contract. If the contract is concluded by written confirmation and nothing to the contrary has been agreed, the services of LFI Photographie GmbH shall be rendered after advance payment has been received. If the contract is concluded by sending the goods, the total amount is due upon receipt of the goods at the latest. The customer is in default without further explanation within 30 days after receiving the invoice.
The customer is only entitled to set-off if the claims are legally established or undisputed. A right of retention can only be asserted on the basis of a counterclaim from the same contractual relationship.
3.3. delivery: Deliveries are made to the delivery address specified by the customer. Obvious defects are to be reported immediately in writing, in the case of externally visible defects and damages immediately to the deliverer.
3.4. retention of title: The delivered goods remain our property until full payment of all claims from the order. In the event of breaches of duty by the customer, in particular default in payment, we are entitled to demand the return of the delivered goods and/or to withdraw from the contract even without setting a deadline. The demand to return the delivered good does not constitute a declaration of rescission, unless this is expressly declared. As long as ownership has not yet been transferred, the customer must treat the delivered goods with care. He must inform us immediately if delivered goods are seized or exposed to other interference by third parties or if they have been damaged or destroyed. The violation of these obligations can lead to compensation for the damages incurred as a result.
For customers not qualifying as consumers the following shall apply in addition: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with new goods - in the invoiced amount, and we accept this assignment. While you remain authorised to enforce all claims, we shall be entitled to enforce all claims ourselves if you do not meet your payment obligations.
3.5. transport damage: The risk of accidental loss and accidental deterioration shall pass on to you as soon as we have handed over the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Between merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to notify at the conditions specified therein, the goods shall be deemed to have been approved, unless the defect was not identifiable during inspection. This does not apply if we have intentionally concealed faults.
3.6. warranty: Please check the delivered goods immediately after receipt for obvious damages or defects. If the delivered goods are defective, please contact us immediately.
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
The following applies to entrepreneurs: If the delivered item is defective, we shall in the first place at our discretion either remedy the defect (rectification) or deliver a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of fatal injury, physical injury or impairment to health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and whose fulfilment the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed upon
• if the product liability act is applicable
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
LFI Photographie GmbH reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the operator are generally excluded, provided that there is no intentional or grossly negligent fault on the part of the operator. It is impossible for us to control the contents of direct or indirect references to external Internet pages (links) lastingly and continuously. We therefore assume no liability for the external Internet pages. Should you discover any infringements of the law on our pages, please contact us immediately.
3.7. liability: For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of fatal injury, physical injury or impairment to health
• in the event of intentional or grossly negligent breach of duty
• within the scope of a guarantee promise, if agreed upon
• if the product liability act is applicable
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and whose fulfilment the contractual partner may regularly rely on (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
Any further liability due to delays is excluded. A liability for the misuse of data of the contracting parties by third parties who have made the data available to themselves against the will and through no fault of the provider is excluded. If liability is limited or excluded according to the above regulations, this also applies to the employees, organs and vicarious agents of LFI Photographie GmbH.
3.8. copyrights and trademarks: We endeavour to observe the copyrights of the photos, graphics, sound documents and texts used in all publications. If you notice a picture or contribution in our offers that violates copyrights, trademark rights, personal rights or other rights, please contact us directly. We clarify these questions fast and simple. This applies in particular to the LFI.Gallery, where we offer users the opportunity to post their own photos on the Internet. These are external contents, unless expressly indicated otherwise. If you notice an unlawful contribution, you have the possibility to initiate a complaint procedure according to section 2.5.
In such a case, please contact directly
LFI Photographie GmbH
managing director: Steffen Keil
Amtsgericht Wetzlar HRB 6090
Burchardstraße 14, 20095 Hamburg, Germany
E-Mail: info@lfi-online.de
All contents of the LFI Internet pages are protected by copyright. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respectively registered owners. The copyright for published objects created by LFI itself belongs exclusively to LFI Photographie GmbH. Duplication or use of such photos, texts, graphics, sound documents in other electronic or printed publications is not permitted without the express consent of LFI Photographie GmbH.
3.9. data protection: LFI Photographie GmbH takes data protection seriously. Your personal data will be treated by us in accordance with the legal provisions on data protection. For orders within the shop system and the LFI.gallery, personal data is recorded. It is stored exclusively for the processing of the transactions you have initiated. Address data will not be sold to third parties. Data will only be passed on to third parties if and insofar as this is necessary for the fulfilment of the contract. Every time a user accesses a page of the LFI online portal and every time a file is called up, data about this process is stored anonymously in a log file. This storage serves internal, system-related and statistical purposes. There is no merging with the data about individual users.
You can revoke your consent to further processing of your data at any time. Furthermore, you have the right to information as well as a right to correction, blocking and deletion of your stored data. Please contact for this:
datenschutzbeauftragter@datenschutzexperte.de
PROLIANCE GmbH
www.datenschutzexperte.de
Leopoldstr. 21
80802 Munich
Germany
Enquiries to PROLIANCE must include the name of the company your question is referring to. Please do not include any sensitive information (e.g. a copy of a personal I.D.)
3.10. final provisions: We expressly reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give our express consent to the customer/user/contractual partner.
All offers and orders of LFI Photographie GmbH are subject to German law. The UN Convention on the International Sale of Goods is excluded.
Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.
If the customer/contractual partner is not a consumer, the place of jurisdiction for claims arising from the contractual relationship shall be Hamburg, as well as for contractual relations with foreign countries.
Declarations, amendments and supplements to the contract must always be made and agreed to in writing. This also applies to changes to this clause.
The European Commission provides an online dispute resolution (OS) platform, which you can find here: http://www.ec.europa.eu/consumers/odr
We do not participate in dispute resolution proceedings before a consumer arbitration board.
Hamburg, May 2018