1. Preface
The contractual partner and user of these Terms & Conditions is the operator of the website (see Legal Info).
Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following Terms and Conditions, and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.
2. Scope
The following Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between Dr. Thomas Kleine | thomas kleine photography (in the following “Seller”) and the orderer. The Seller shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by the Seller in writing.
3. Conclusion of contract
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Order Now” button are summarized again for you in an order overview at the end of the order process. Here you can check and, if necessary, correct the various informations you entered during the ordering process. By clicking the button “Purchase”, you send your order details and make a binding declaration to the Seller that you want to purchase the products listed there (Offer). You will then receive an automatically generated confirmation of receipt of your order.
As soon as we have accepted your offer, we will send you via e-mail a contract confirmation in which the details of your order are listed again.
The contractual language is German.
Please note that I sell all products in small quantities only.
4. Cancellation
Please note that sales are final for any works produced to your individual specifications. These are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code.
Consumers according to § 13 BGB have the following right of cancellation for all online orders of prefabricated works (such as books, calendars and photographs in the sizes and designs offered on the website):
You have the right to cancel this contract without reason within fourteen days. The cancellation policy lasts 14 days from the day on which you – or a third party named by you who is not the shipping service – take/takes all ordered goods into possession.
To exercise your right to cancel, you must inform us (Jan Vincent Kleine, Auf der Koppel 24, 21521 Aumühle, Germany, Phone: +49 (0)163 172 6285, e-mail: hello(at)janvincentkleine.com) of your decision to cancel in a clear, written statement (by letter or e-mail, for instance). You may use the cancellation form You may use the cancellation form we will provide with our order confirmation, but are not required to do so.
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly - at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first.
You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.
You shall bear the costs for returning goods.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.
5. Delivery
Unless agreed otherwise, delivery will be ex my studio or a service provider of my choice to your address or to the delivery address specified by you. The delivery time is usually less than 4 weeks but it might take longer if I am on a long, remote assignment. If you need your print by a specific date and you’re in doubt, please get in touch with me beforehand and I’ll let you know if I can meet your goal.
6. Prices
The prices quoted in the online shop are final prices including VAT where applicable. If import taxes or customs duties are incurred during shipment, these are borne by the customer.
7. Retention of title
Until full and final payment, the delivered goods shall remain the property of the Seller.
8. Liability
The Seller is liable for damage to essential contractual obligations, the lack of assured features as well as the claims of the customer under the Product Liability Act. In addition, the Seller is liable for damages only in case of intent or gross negligence of the Seller and his vicarious agents. The Seller is not liable for indirect, consequential or atypical damages of any kind. This also applies to the compensation of loss of profit, loss of use or intangible assets.
9. Warranty
Unless expressly agreed otherwise, statutory warranty rights shall apply.
The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.
If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
10. Tips for the best use of our photographs
Photographs are always dependent on environmental influences; their appearance and colour can change and fade. To ensure you keep enjoying our works of art, you should not expose photographs, laminations or frames, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Photographs, laminations and frames are therefore not suitable for external areas, cellars, bathrooms or kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.
11. No granting of rights with photographs
By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.
12. Privacy policy and online-dispute resolution
All provisions regarding the protection of your data can be found at privacy policy. The possibilities for online dispute resolution can be found under Legal Info.