Terms and condition
1. Validity
The contractual partner within the framework of the following general terms and conditions is Booms Marketing as the production partner of ifm, Im Teelbruch 67, 45219 Essen, Germany (hereinafter "Booms Marketing") and the customer.
The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between Booms Marketing and the customer. Booms Marketing does not recognize deviating conditions of the customer. Individual agreements always have priority.
The customer agrees to the following provisions of these general terms and conditions and guarantees that he is entitled to conclude a contract for the individual creation of the goods offered on ifm-picture.com.
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2. Order and conclusion of contract
The use of the online offers and services on ifm-picture.com requires that the customer has reached the age of 18 and has unlimited legal capacity.
Customers can place binding orders for their murals on ifm-picture.com as follows:
Step 1: After the customer has selected the desired product category on the home page of the online platform ifm-picture.com, he can select the image file intended for printing using the "Order now" button .
Step 2: In the shop, the customer can choose between different product sizes. Furthermore, the customer can select the order quantity depending on the product category. A product preview next to it is used to check and align the motif.
Step 3: By confirming the "Into the shopping cart" button, the currently selected images are combined in a shopping cart. By confirming the "Go to shopping cart" button, the previously selected and configured photo products, order quantities and prices are displayed. The customer can use the "Back to shop" button to adjust the contents of the shopping cart. If a suitable wall mount is offered for the selected product, this will be shown as an optional accessory in the order overview. The customer can add this accessory to the existing shopping cart using the separate "Add to shopping cart" button below the image preview for the suspension.
Step 4: The input fields shown for the delivery or billing address, which are marked with an "*" (asterisk), are mandatory information. If the customer has already optionally registered in the shop beforehand, he can use the "Login" button to call up his account together with the previously stored delivery address. In addition, the customer must select the payment service provider they want. If the customer incurs additional costs for one of the selectable payment methods, any additional fees will be pointed out separately.
Step 5: By clicking on the "Buy now" order button, the customer submits a binding contract offer for the photo products contained in the shopping cart, recognizing and including these general terms and conditions and the data protection declaration. Before sending the order, the customer can view and change the entry of his data. For technical reasons, any input errors can only be corrected by the customer until this binding order has been submitted. Subsequent adjustment or correction of the order placed is no longer possible for production-related reasons. Note: Please ensure that the e-mail address you enter is spelled correctly so that we can send you the order overview and confirmation (if necessary also check the spam folder or filter rules).
Step 6: After receipt of the offer, Booms Marketing will immediately send the customer an order confirmation and the invoice for this binding order electronically iSd to the e-mail address provided by him. § 14 paragraph 1 UstG. Customer agrees to waive the requirement for printed invoicing.
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3. Prices
The prices stated on the Booms Marketing website at the time of the order apply. All prices stated within this Internet offer are prices in euros and include the statutory value added tax without shipping costs.
The statutory VAT is calculated depending on the country of delivery (the regular VAT rates for the following countries are given as an example: Germany - 19%, Belgium - 19%, Luxembourg - 19%, Austria - 20%).
If the country of delivery is a non-EU country, additional taxes or costs (e.g. customs duties) are incurred as part of the order, which cannot be paid by Booms Marketing or billed by us, but by the customer directly to their respective are payable to the relevant customs or tax authorities. For the exact details, please contact the authorities responsible for you.
The prices are aimed exclusively at consumers within the meaning of § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
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4. Terms of Payment
The customer can choose the method of payment when ordering (currently: prepayment, credit card payment, PayPal, immediate transfer or by invoice.) Payments are deemed to have been made on the day on which Booms Marketing can dispose of the amount. The customer bears the costs of payment, especially for transfers from abroad.
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5. Right of Withdrawal/Revocation Instructions
Exclusion of the right of withdrawal
According to § 312g Paragraph 2 No. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer . In principle, therefore, there is no right of withdrawal for contracts concluded with Booms Marketing.
If, in exceptional cases, there is a right of withdrawal, the following applies to consumers within the meaning of § 13 BGB: You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation to the following address before the cancellation period has expired:
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Boom's Marketing
production partner of ifm
Owner: Arndt Booms Im
Teelbruch 67
45219 food
Mail: info@ifm-picture.com
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Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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6. Alternative dispute resolution according to article 14 paragraph 1 ODR regulation (EU) 524/2013 and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . Booms Marketing is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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7. Terms of Delivery
Delivery is made by sending to the delivery address provided by the customer.
We produce after receipt of payment, whereby our production times - depending on the product selected - are 10-12 working days.
Deviations from the non-binding production or delivery times mentioned above only entitle the customer to assert any legal claims if the deviations are not just minor and Booms Marketing is also responsible for these deviations.
If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract. If the customer is not at home when the package is delivered and the package is not picked up from the customer's post office within 7 working days or if the customer refuses to accept the package, Booms Marketing has the right to cancel the order and withdraw from the contract . Shipping takes place with UPS.
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8. Warranty
Booms Marketing for material defects according to the applicable statutory provisions, in particular §§ 434 ff. BGB. There is no material defect if the delivered quality corresponds to the technical standard of digital production.
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9. Liability
Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Booms Marketing, its legal representatives or vicarious agents based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the contractual partner may regularly rely.
In the event of a breach of essential contractual obligations, Booms Marketing is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.
In particular, Booms Marketing is therefore regularly not liable for damage that has not occurred to the delivery item itself; for lost profit or other financial losses of the customer.
The provisions of the Product Liability Act remain unaffected.
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10. Retention of Title
The ordered goods remain the property of Booms Marketing until full payment has been made. Prior to the transfer of ownership, resale, rental, pledging, transfer of ownership, processing, other disposal or transformation by the customer is not permitted without the express consent of Booms Marketing.
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11. Criminal liability, right to refuse performance
The customer is responsible for the legality of the content. By placing the order, he assures that the content of the transmitted image files does not violate criminal law, in particular does not violate the provisions of Sections 86 et seq., 184 et seq. StGB.
Furthermore, Booms Marketing is not obliged to carry out services that could result in a violation of the law by Booms Marketing.
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12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, Essen is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, a customer has moved his domicile or habitual abode abroad after the conclusion of the contract, or his domicile or habitual abode is unknown at the time the action is filed.
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13. Governing Law
The mandatory provisions of the national law in which the customer usually resides apply to the conclusion and processing of all contracts. Apart from that, German law applies. As far as legally possible, the validity of the UN sales law is excluded.
Status: 06/22/2018