Terms of Service
Last updated: July 08, 2023
Responsible for this Service is:
Michael Breitung Photography
Auf der Höhe 4
By purchasing something from Us, You engage in our Service and agree to be bound by the following Terms, including additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms apply to all users of the Website engaging in a Service. The inclusion of Your own terms and conditions is hereby objected to, unless otherwise agreed.
Please read these Terms carefully before using Our Service. If you do not agree to the Terms, you may not use Our Service.
1. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following section. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Terms of Service:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Michael Breitung Photography.
- Goods or Products refer to both digital and physical products that You can purchase from Us using either our Store or by contacting Us with Your purchase request through Our contact form. Digital Goods are the Tutorials you can purchase on our Website, as well as image usage licenses you can purchase via contacting Us through Our contact form. Physical Goods refer to wall art and prints.
- Order or Purchase refers to a legally binding contractual offer to purchase Goods from Us by the Customer.
- Payment Service refers to the payment options We offer in Our Store via our Payment Provider. Available options are payment via PayPal - if you have a PayPal account -, or vie SEPA direct debit, giropay, instant payment, and Credit Card. All those services are offered by our Payment Provider.
- Service refers to Our actions involved in providing You with an option to purchase Goods on our Website, in delivering those Goods to You, or in commissioning the production and delivery of those Goods to our Print Provider.
- Store refers to any part of this Website that is used to select and purchase products. The parts of this Website that belong to the Store are located inside the https://www.mibreit-photo.com/shop/ subsection of this Website. To provide the functionality necessary to make Purchases in our Store, We use the e-commerce platform offered by WooCommerce which we integrated as Wordpress Plugin on the Website.
- Terms refers to this agreement. It might also be called Terms and Conditions or Terms of Service.
- Website refers to the Michael Breitung Photography homepage, accessible from https://www.mibreit-photo.com
- You means the individual using the Service or in other words the Customer purchasing Our Goods. It can also refer to the company or legal entity on behalf of which such an individual is using Our Service. For companies and businesses some restrictions detailed under section three apply.
2. General Conditions
You agree not to reproduce, duplicate, copy, or resell any of Our Goods or exploit our Service otherwise without written permission by us.
In terms of the digital Goods you purchase in Our Store, You are allowed to create copies of the delivered files for personal use - for example, as backup.
If you buy an image license from us, your usage of the image connected to that license is subject to the license you acquired from Us. Any use beyond that is not allowed.
The Service is intended solely for individuals who are at least the age of majority in their state or province of residence, or companies with their registered offices in Germany.
If You are an international business not registered in Germany and want to purchase Our Goods, please contact Us so We can evaluate based on the case and volume of the intended purchase, if this is possible.
4. Conclusion of Contract
The placement of a Product on the Website is not considered a binding offer by Us. It serves as a Product description that allows You to submit a binding offer to purchase Goods from Us. We reserve the right to refuse to accept such an offer by anyone for any reason at any time.
You can place Products in the virtual shopping cart without engaging in a Purchase and bindingly placing the Order. Only by going through the electronic ordering process and concluding it by selecting a Payment Service and confirming a Purchase, You submit a legally binding contractual offer with regard to the Goods contained in the virtual shopping cart.
Before that, You can identify possible input errors by carefully reading the information displayed on the Website. Corrections of the entries is possible during the electronic ordering process before confirming the Purchase.
Upon submission of an Order, you will be redirected to our Payment Provider to submit payment for the ordered Goods. After the payment, Your Order is concluded and You will receive a confirmation by email containing the details of Your Order. You must ensure that the email You provide is correct so that emails send by Us can be delivered. If You use SPAM filters, ensure that those wont block Our emails and / or check your SPAM folder after completing a Purchase.
You can also submit a binding Purchase offer to Us via Our contact form by naming the Goods you want to purchase. Following such a submission, We will contact You to confirm Your Order details and provide You with an invoice and payment instructions.
5. Prices and Payment
The prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the offering of certain Goods without notice.
The prices quoted in the Product descriptions within the Store are total prices which don't include value added tax.
The Company conducts business under the small business regulation according to German law which is why We don't add value added tax to Our prices.
If you are an international customer outside the European Union, we hereby inform you that receipt of the Goods may require you to pay additional customs duties and taxes which are beyond our responsibility.
Delivery and shipping costs are excluded from the prices shown in the Store and will be indicated separately during the electronic ordering process after a shipping address has been provided by the Customer and before the payment is made.
As stated under Conclusion of Contract, You will be redirected to Our Payment Provider to pay the indicated price for the selected Goods and their delivery via the chosen Payment Service.
6. Delivery And Shipping Conditions
For digital Goods, You will receive a temporary download link that can be used five times within a period of 10 days after the conclusion of the Order. If, after that period or after reaching the maximum number of downloads, You loose the Product, You can contact us with the details of Your Order and we will provide You with another download.
For physical Goods, We forward your Order to Our Print Provider for fulfillment after the conclusion of the Order. The delivery address specified by You during the Order processing shall be decisive. The production and delivery of the Products contained in the Order is subject to the Print Provider's terms and conditions. We will contact You via email with information about the current status of the processing of Your Order and the delivery thereof.
For Purchases via Our Store, our Print Provider offers shipping within the EU, UK, Switzerland, and Norway. Please allow between 10 and 15 days for your order to be shipped.
If the delivery of the Goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by Us as a result.
7. Retention of Ownership
We retain ownership of the Goods until they are fully paid for by the Customer.
8. Right of Withdrawal
Information about the right of withdrawal can be found in Our cancellation policy.
9. Liability for Defects
Unless agreed otherwise, the German statutory right to liability for defects shall apply.
10. Transport Damage
Please inspect the delivered Goods upon receipt and contact us immediately if the Goods are damaged. If the damage is an obvious transport damage - for example, if the packaging is damaged - report the damage to the deliverer as soon as possible. This will help Us to assert claims against the delivery service. If the Customer does not comply with this, it has no effect on the Customer's legal or contractual claims for defects.
11. Applicable Law
These Terms and any separate agreements whereby We provide You services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. For Customers, this choice of law shall only apply as far as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the Customer has his habitual residence.
12. Changes to Terms of Service
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is Your responsibility to check the Website periodically for changes. Your use of Our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
We will let You know of a change via the "Last updated" date at the top of this page.