Terms of Service (AGB)

Important: This English translation is provided for convenience. Only the original German version is legally binding.

General Terms and Conditions (GTC)

Fototechnik Dieter Bläsing Geschwister-Scholl-Allee 29, 14532 Kleinmachnow, Germany Owner: Dieter Bläsing

§ 1 Scope of Application and General Provisions

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for repair services, cost estimates, maintenance, cleaning, conversions, and other services (hereinafter collectively "Services") for analog and digital cameras, lenses, flash units, and other photographic accessories (hereinafter "Devices") provided by Fototechnik Dieter Bläsing (hereinafter "Contractor", "we", "us", or "our") to the customer.

(2) These GTC apply to both consumers (§ 13 BGB - German Civil Code) and business customers/entrepreneurs (§ 14 BGB - German Civil Code) unless a differentiation is explicitly made in the respective clause. 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 partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

(3) Any deviating, conflicting, or supplementary General Terms and Conditions of the customer shall only become part of the contract if and to the extent that we have explicitly consented to their validity in writing. This consent requirement applies in all cases, for example, even if we perform services without reservation while being aware of the customer's GTC.

§ 2 Formation of Contract and Order Processing

(1) The presentation of our services on our website does not constitute a legally binding offer, but a non-binding invitation for the customer to submit an offer.

(2) The customer may submit an offer by handing over a device to us in person or by sending it to us by mail. The device must be accompanied by a detailed description of the error and the completed repair form (online or printed).

(3) A legally binding repair contract is only formed when we explicitly confirm acceptance of the order in text form (e.g. by email) or begin carrying out the repair works. The mere confirmation of receipt of the device does not constitute acceptance of the repair order.

(4) The repair order is accepted subject to the actual availability and procurability of the required spare parts. If it becomes apparent after the formation of the contract that required spare parts are no longer available or cannot be procured, we are entitled to withdraw from the contract. In this case, any payments already made by the customer will be refunded immediately.

§ 3 Cost Estimates and Fees for Non-Performance

(1) If the customer requests a cost estimation prior to the repair, we will issue a cost estimate.

(2) Cost estimates are subject to a fee and are charged as a flat rate of EUR 30.00 (incl. statutory VAT). If the customer approves the repair order after receiving the cost estimate, this flat fee is waived or offset against the actual repair costs.

(3) The prices and deadlines stated in the cost estimate are professional estimates and are generally non-binding unless they have been explicitly agreed upon as binding or as a fixed price.

(4) We are entitled to exceed or fall below the estimated repair price by up to +/- 20% without consulting the customer, provided that this proves necessary and appropriate during the repair to successfully restore the device.

(5) If it becomes apparent during the repair that exceeding the cost estimate by more than 20% is necessary to ensure the rectification of defects, we will suspend the works. We will inform the customer immediately and obtain approval for the additional costs. If the customer rejects the continuation of the repair, the device will be returned to the customer in its current, possibly partially disassembled state, and only the cost estimate flat fee of EUR 30.00 (plus any return shipping costs) will be invoiced.

§ 4 Remuneration, Prices and Terms of Payment

(1) Unless otherwise agreed, the remuneration is based on our hourly rates and material prices valid at the time the repair is performed.

(2) All prices are stated in Euro (EUR) including the statutory value added tax (VAT) for consumers. For commercial partners/entrepreneurs (B2B), prices may additionally be shown exclusive of the statutory VAT.

(3) The remuneration is due for payment immediately upon completion of the repair and invoicing without deduction.

(4) Payment may be made, at the customer's option, as follows:

  • Upon collection: in cash or by EC-card (if offered on site).
  • In case of shipping: by advance payment (bank transfer) or via the online payment services offered on our platform (e.g. Stripe via credit card, Link, etc.).

(5) The customer will be in default without warning if they do not pay within 14 days of the due date and receipt of the invoice. In the event of default, we are entitled to charge default interest at the statutory rate. The right to assert higher damages caused by delay remains reserved.

§ 5 Artisan's Lien and Right of Retention

(1) To secure our claims arising from the contract (in particular remuneration for repair services, cost estimates, as well as reimbursement of expenses and storage fees), we are entitled to a contractual as well as a statutory lien (§ 647 BGB) on the customer's device that has come into our possession in connection with the order.

(2) The lien may also be asserted for claims arising from previously performed works, spare parts deliveries, and other services, provided they are factually connected with the subject matter of the order.

(3) In the event of non-payment by the customer, we are entitled to refuse delivery of the device and assert the defense of non-performance of the contract.

§ 6 Shipping, Passing of Risk, and Disclaimer of Liability for Transport

(1) The shipping of the device to us is at the customer's own expense and risk. The customer must ensure secure and transport-safe packaging of the device.

(2) The return shipping of repaired or unrepaired devices to the customer is exclusively at the expense of the customer via a shipping service provider (e.g. DHL or another carrier). Return shipping costs (including postage and packaging) will be invoiced to the customer.

(3) Disclaimer of Liability upon Handover to the Shipping Service Provider: Once we hand over the package containing the device to the shipping service provider (e.g. DHL or another carrier), we assume no responsibility, liability, or warranty for the transport, any delays, damage, or loss of the package in transit. From the moment of handover, the respective shipping service provider or carrier is solely liable for transport damage, loss, or delivery delays in accordance with their terms.

(4) Passing of Risk:

  • Towards Entrepreneurs (§ 14 BGB): The risk of accidental loss and accidental deterioration of the device passes to the customer as soon as we have handed over the device to the shipping service provider (e.g. DHL) (§ 447 BGB).
  • Towards Consumers (§ 13 BGB): The statutory provisions regarding the passing of risk remain unaffected. To the extent legally permitted, the shipping service provider shall be solely liable in the event of loss or damage.

(5) By default, return shipping is only insured up to the statutory maximum liability amount of the shipping service provider. If the customer wishes additional higher insurance cover, they must explicitly agree to this in writing before shipping and bear the additional costs.

(6) Obvious transport damages must be claimed by the customer to the shipping service provider immediately upon receipt and notified to us in writing without delay in order to enable the assertion of compensation claims against the logistics service provider.

§ 7 Claims for Defects (Warranty)

(1) We warrant that the repair services performed by us are professional and free from material defects. The warranty extends exclusively to the repair works actually performed by us and the parts installed or replaced in the process. It does not apply to defects in other components of the device that were not subject to the repair order.

(2) Warranty Periods:

  • Towards Consumers (§ 13 BGB): The limitation period for claims for defects regarding our repair services and the spare parts used is 12 months from acceptance or delivery of the device.
  • Towards Entrepreneurs (§ 14 BGB): Warranty claims for repair services and spare parts used are excluded. This does not apply to damages resulting from a willful or grossly negligent breach of duty by us or our vicarious agents, or in the case of injury to life, body, or health. In these exceptional cases, the limitation period is 12 months from acceptance or delivery.

(3) The customer must inspect the device for defects and functionality immediately upon receipt. Defects discovered during the inspection must be notified to us in writing within 14 days of receipt of the device. Hidden defects must be reported immediately after discovery. If this notification period is not met, the repair service shall be deemed accepted and approved.

(4) In the event of justified and timely complaints, we are entitled to supplementary performance (remedy). We are entitled to attempt to remedy the defect at least twice. If the supplementary performance ultimately fails, the customer may, at their option, reduce the remuneration or withdraw from the contract.

(5) Warranty claims are excluded if:

  • the defect is due to improper handling, operating errors, lack of maintenance, excessive stress, drops, impacts, humidity, water, sand, extreme heat or cold, or other external influences after the passing of risk;
  • interventions, modifications, or repair attempts have been made on the device by the customer themselves or by third parties not authorized by us, unless the customer proves that the defect is not due to these interventions;
  • the defect is due to natural wear and tear or aging processes.

§ 8 Limitation of Liability

(1) Claims of the customer for damages, regardless of the legal grounds, are excluded.

(2) Excluded from this are:

  • Claims for damages of the customer arising from injury to life, body, or health;
  • Liability for damages based on an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents;
  • Liability under the German Product Liability Act (ProdHaftG);
  • Liability for breach of a given guarantee;
  • Liability for breach of essential contractual duties (so-called cardinal duties). Cardinal duties are those duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

(3) In the event of a slightly negligent breach of cardinal duties, our liability is limited to the amount of the contract-typical, foreseeable damage at the time of contract formation.

(4) We do not assume any liability for loss or damage to accessories and consumables (e.g. memory cards, batteries, accumulators, straps, bags, lens caps, protective filters, films) sent together with the device, unless the safekeeping of these accessories was explicitly agreed. The customer is requested to remove all accessories before sending the device and not to send them.

(5) We assume no liability for data loss on storage media (e.g. internal camera memories, memory cards). The customer is solely responsible for backing up their data beforehand.

§ 9 Disposal and Realization in Case of Non-Collection

(1) If the repaired or unrepaired device is not collected by the customer within 3 months after notification of completion or request for collection/payment, or if acceptance is refused, the customer shall be in default of acceptance.

(2) From the time of default of acceptance, we shall only be liable for intent and gross negligence. In addition, we are entitled to charge a reasonable storage fee of EUR 5.00 (incl. VAT) per started week.

(3) If the customer does not collect the device within 6 months after notification, we will warn the customer in writing (by email or post to the last known address) and set a final deadline of at least one month for collection and payment. In this warning, we will explicitly point out that we will dispose of the device by means of an artisan's lien sale (Pfandverkauf) after the expiration of this deadline.

(4) After the unsuccessful expiration of this deadline, we are entitled to sell the device by private sale (Pfandverkauf in accordance with §§ 1233, 1245 BGB) for the best price possible. The proceeds will be used to cover our outstanding claims from the repair order (remuneration, cost estimate, accumulated storage fees, disposal, and sale costs). Any surplus will be paid to the customer or deposited with the competent local court.

§ 10 Online Dispute Resolution and Consumer Arbitration

(1) The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr.

(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).

§ 11 Final Provisions

(1) These GTC and all legal relations between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, Potsdam shall be the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual residence is unknown at the time the action is brought.

(3) If individual provisions of these GTC are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply instead of the invalid provision.