General Terms and Conditions

  1. Scope

These General Terms and Conditions (GTC) apply to all orders made through our online shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal entity that, when entering into a legal transaction, acts in the exercise of their commercial or self-employed activity. For entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby opposed; they only become part of the contract if we have expressly agreed to them.

  1. Contract Partner, Contract Conclusion, Correction Options

The purchase contract is concluded with Photolux GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer but rather an informal online catalog. You can initially place our products in the shopping cart without obligation and correct your entries before submitting your binding order by using the correction options provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order is sent by email immediately after the order is submitted. We accept your offer within two days by issuing an acceptance declaration in a separate email or by carrying out the payment transaction through our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see "Payment"). The relevant alternative is based on which of the listed events occurs first.

  1. Contract Language, Storage of the Contract Text

The languages available for the conclusion of the contract: German

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

  1. Subject Matter of the Contract

4.1 Product Description

The applicability of the respective product description as an essential part of the contract is noted.

4.2 Product Images

Without affecting your statutory warranty rights, we would like to point out the following specifics. If you have any uncertainties, please contact us: Due to individual screen configurations (e.g., resolution and brightness), minor deviations between the displayed and actual product colors may occur.

For wooden products, natural variations in grain, structure, and color of the wood are possible.

  1. Requirements and Handling of Customer Content

5.1 Requirements

If it is necessary for the fulfillment of the order that you provide us with content (e.g., texts, data, files), the technical possibilities and any applicable requirements are based on the respective product description. You are solely responsible for the content, including the legality and accuracy of the content you provide. We do not perform a substantive editorial review before executing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the applicable legal regulations. In particular, they must not infringe the rights and claims of third parties (in particular copyright, trademark, or other protective rights) or contain or serve purposes of glorifying violence, discriminatory, racist, xenophobic, or other immoral or unconstitutional content.

5.3 Indemnification

You indemnify us against claims by third parties that may be asserted in connection with a violation of their rights through the contractual use by us. You also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnification does not apply if the legal violation is not your responsibility. You are obliged to provide us with all information required for the examination of claims and defense promptly, truthfully, and completely in the event of claims by third parties.

5.4 Right of Withdrawal

We reserve the right to refuse the order or withdraw from the contract if the content you provide for it violates legal or regulatory prohibitions or morals, or if there is a justified suspicion of such a violation. This applies especially to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or glorifies violence.

  1. Assembly

The provision of assembly services requires an explicit agreement.

6.1 Selection of the Service Provider

We provide the service either personally or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf. You have the right to choose a specific person for the service provision only if and to the extent expressly provided in the relevant service description. If and to the extent that third parties are involved in the service provision, we remain fully responsible for fulfilling the contractual obligations. Before involving third parties, we will check their reliability, suitability regarding professional training, experience, and/or ability to provide the contractually agreed service and require them to comply with these standards.

6.2 Access to the Assembly Location

The product will be delivered to the assembly location. You are obligated to grant access to the assembly personnel.

  1. Delivery Conditions

7.1 Delivery Options

We ship the products to the delivery address specified in the ordering process.

You generally have the option to pick up the items from Photolux GmbH, Berlichingenstraße 16, Schwabach, Germany during the following business hours: 9 AM - 5 PM or by appointment.

We do not deliver to parcel stations.

7.2 Delivery by Freight Forwarder

Appointment Scheduling: For freight deliveries, the freight company we commission will contact you to arrange a delivery appointment.

Delivery Location: The delivery of the goods is limited to transport and unloading at the first public curb of the agreed delivery address. The delivery does not include delivery to specific rooms or the assembly and/or installation of the ordered goods, unless explicitly agreed otherwise.

Recipient’s Cooperation: The unloading and any necessary subsequent transport of the goods to the agreed delivery location are carried out jointly by the freight driver and the recipient. Information about the packaging dimensions can be found in the offers. For merchants: Deviating from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed delivery location.

  1. Payment

8.1 Prices

The prices applicable at the time of the order are valid. These are total prices and include the statutory VAT, if the product is subject to VAT.

8.2 Due Date and Payment Delay

The price is due upon conclusion of the contract unless a later date is specified in the following payment terms. For consumers: In case of a payment delay, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You are entitled to prove that a lesser damage has occurred. Other claims remain unaffected. For entrepreneurs: In the event of a payment delay, we reserve the right to charge statutory default interest at nine percentage points above the base interest rate and a flat rate of €40. Other claims remain unaffected.

8.3 Payment Methods

In our shop, you can generally choose from the following payment methods:

  • Prepayment: When choosing prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

  • Credit Card: During the ordering process, you provide your credit card details. Your card will be charged immediately after the order is placed.

  • SEPA Direct Debit: By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the debit at least one banking business day in advance (so-called prenotification). A banking business day is any weekday except Saturdays, nationwide public holidays, and December 24 and 31 of each year. The debit will occur after the goods are shipped.

  • Apple Pay: To pay the invoice amount through the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay feature, authenticate with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after the order is placed. Further instructions are provided during the ordering process.

  • PayPal: In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise specified below, payment through PayPal does not require registration with PayPal. Further information can be found with each payment option and in the ordering process.

    • PayPal: To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after the order is placed.

    • Credit Card via PayPal: Your card will be charged by PayPal after the goods are shipped.

    • Direct Debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the debit (so-called prenotification). The debit will occur before the goods are shipped.

    • Invoice: The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

    • Mollie B.V.: For payments through the payment provider Mollie, the terms and conditions of Mollie B.V. (https://www.mollie.com/de/user-agreement) apply.

9. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instruction. No voluntary right of withdrawal is granted to entrepreneurs.

10. Retention of Title

The product remains our property until full payment is received. For entrepreneurs, the following also applies: We retain ownership of the product until all claims from an ongoing business relationship have been fully settled. You are permitted to resell the retained goods in the ordinary course of business; any claims arising from such resale are assigned to us in advance, regardless of whether the retained goods have been incorporated into or mixed with a new item, up to the amount of the invoice. We accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you do not fulfill your payment obligations. We will release the securities due to us upon request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such errors to the carrier as soon as possible and contact us immediately. The failure to make a complaint or contact us does not affect your statutory rights and their enforcement, particularly your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment.

12. Warranty and Guarantees

12.1 Legal Warranty

The statutory warranty rights apply.

12.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their specific conditions can be found with the product and on special information pages in the online shop.

13. Liability

We are fully liable for claims arising from damages caused by us, our legal representatives, or vicarious agents in cases of injury to life, body, or health, in cases of intentional or grossly negligent breach of duty, in cases of warranty promises, as agreed, or where the scope of the Product Liability Act applies. In cases of breach of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on which the contractual partner regularly relies, (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the foreseeable damage that typically occurs. Any further claims for damages are excluded.

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here.

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

15. Final Provisions

If you are an entrepreneur, German law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a public law special fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The content of the contract will be governed by the statutory provisions to the extent that individual provisions are invalid.