This English version is provided for your convenience. The contract language is German (section 12.3); in case of any discrepancy, the German version („Allgemeine Geschäftsbedingungen“) is legally binding.
General Terms and Conditions (including information for customers)
1. Applicability2. Offers, service descriptions3. Order process, conclusion of the contract4. Prices, delivery costs5. Delivery, product availability6. Terms of payment7. Retention of title8. Customer account9. Product warranty, guarantee10. Liability11. Storage of the contract text12. Closing remarks13. Rights of use for image files14. Gift vouchers
1. Applicability1.1. The business relationship between Torsten Wagner, Stadtansichten Wernigerode (wagnergraphics), Büchtingenstraße 20, 38855 Wernigerode, Germany (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity. 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 independent professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the vendor expressly agrees to their validity.
2. Offers, service descriptions2.1. The display of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Service descriptions in catalogues or on the vendor’s websites do not constitute a promise or a guarantee.
2.2. All offers are valid “while stocks last” unless otherwise stated in the respective product description. Errors excepted.
2.3. In the case of image files for download (digital content), the customer does not acquire any copyright but a simple (non-exclusive) right of use within the scope of the license selected. Details are set out in section 13.
3. Order process, conclusion of the contract3.1. The customer is free to select products from the vendor’s range without obligation and gather them in a so-called cart using the “Add to cart” button. Within the cart, the selection can be changed, e.g. products can be removed. The customer can then proceed to the final step of the order process using the “Proceed to checkout” button.
3.2. By clicking the “Place order and pay” button or the button of the selected payment provider (PayPal, Apple Pay or Google Pay), the customer makes a binding offer to purchase the goods in the cart. Prior to placing the order, the customer can view and amend their data at any time and can also use the browser’s “Back” function to return to the cart or abort the order process entirely. Required entries are marked with an asterisk (*).
3.3. The vendor then sends the customer an automatic confirmation of receipt by email, which lists the customer’s order and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the vendor and does not constitute acceptance of the offer. A binding purchase contract is only concluded when the vendor dispatches or hands over the ordered product to the customer within 2 days, or confirms the dispatch within 2 days by a second email, an explicit order confirmation or an invoice.
3.4. In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
3.5. If the vendor offers advance payment, the contract is concluded when the bank details are provided and the payment request is issued. If, despite being due and despite a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor withdraws from the contract with the consequence that the order lapses and the vendor has no obligation to supply. The order is then settled for the buyer and the vendor without further consequences. Products for which advance payment is chosen are therefore reserved for a maximum of 10 calendar days.
3.6. Customers who are consumers have a statutory right of withdrawal. Details are set out in the cancellation policy and the cancellation policy for digital content. Withdrawal can also be declared online via the page Withdraw from contract.
4. Prices, delivery costs4.1. For customers who are consumers, all prices indicated on the vendor’s website include the applicable statutory value-added tax (VAT).
4.2. In addition to the prices indicated, the vendor charges delivery costs for the delivery of goods. No delivery costs are charged for digital content. Delivery costs are clearly communicated to the customer on a separate information page and during the order process.
5. Delivery, product availability5.1. If advance payment has been agreed, delivery takes place after receipt of the invoice amount.
5.2. If delivery of the goods fails due to the fault of the customer despite three delivery attempts, the vendor may withdraw from the contract. Any payments already made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the vendor, through no fault of their own, is not supplied with it by their supplier, the vendor may withdraw from the contract. In this case, the vendor will inform the customer without delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the vendor will refund any payments already made without delay.
5.4. Delivery takes place exclusively within Germany. Customers from other countries of the European Union and the European Economic Area may order on the same terms if they provide a delivery address in Germany or collect the goods from the vendor in Wernigerode by prior arrangement. Customers are informed of delivery periods on a separate information page or in the respective product description.
5.5. In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the vendor has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to other promises and agreements.
5.6. Towards customers who are entrepreneurs, the vendor is not responsible for delays in delivery and performance due to force majeure or due to unforeseeable events that make delivery significantly more difficult or impossible for the vendor, even in the case of bindingly agreed deadlines and dates. In this case, the vendor is entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the vendor are responsible. For the duration of such an impediment, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period set by the customer or after mutual consultation with the vendor.
5.7. Digital content is made available for download after receipt of payment, in the customer account and via a link in the order confirmation email. The download is possible up to five times within 30 days of being made available. The customer is responsible for saving the file after downloading.
6. Terms of payment6.1. The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment on account is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process the payment, e.g. PayPal or Klarna, their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the customer is in default by simply missing the date. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the vendor from claiming further damages for delay.
6.6. The customer only has a right of set-off if the customer’s counterclaims have been legally established, are undisputed or have been acknowledged by the vendor. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of titleThe goods delivered remain the property of the vendor until paid for in full.
For customers who are entrepreneurs, the following applies in addition: The vendor retains title to the goods until all claims arising from an ongoing business relationship have been settled in full; as long as title has not yet passed to the buyer, the buyer is obliged to treat the purchased item with care. In particular, the buyer is obliged to insure it adequately at their own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry it out in good time at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the vendor. If the reserved goods are processed with other items not belonging to the vendor, the vendor acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same applies to the item created by processing as to the reserved goods. The customer also assigns, as security for the claims against them, the claims against a third party that arise from the connection of the reserved goods with a property. Access by third parties to goods owned or co-owned by the vendor must be reported by the customer without delay. The customer bears the costs arising from such interventions for third-party objection proceedings or an extrajudicial release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to the vendor, by way of security and in full, all claims arising from resale or any other legal ground with regard to the reserved goods (including all balance claims from current account). The vendor revocably authorizes the customer to collect the claims assigned to the vendor for the vendor’s account and in the customer’s own name. This collection authorization may be revoked if the customer does not properly meet their payment obligations. The vendor undertakes to release the securities to which the vendor is entitled at the customer’s request insofar as their total sales value exceeds the sum of all outstanding claims of the vendor arising from the business relationship by more than 10% (or by more than 50% if there is a realization risk). The selection of the securities to be released lies with the vendor. Upon settlement of all claims of the vendor from delivery transactions, title to the reserved goods and the assigned claims pass to the buyer.
For digital content, the right of use under section 13 is only granted upon full payment.
8. Customer account8.1. The vendor provides customers with a customer account. In the customer account, customers are provided with information about their orders and the customer data stored with the vendor. The information stored in the customer account is not public.
8.2. Creating a customer account is voluntary. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adjust the information to changes in the actual circumstances, as far as this is necessary (e.g. a changed email address or a changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.
8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions on the protection of third-party rights, and in accordance with these General Terms and Conditions, by means of the access masks and other technical access options provided by the vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
8.5. Insofar as customers store, enter or otherwise post content or information (hereinafter “content”) within the customer account, the customers are responsible for this content. The vendor does not adopt the customers’ content as its own. However, the vendor reserves the right to take appropriate measures depending on the degree of risk of infringement emanating from the content, in particular the risk to third parties. These measures, which take into account necessity, appropriateness, diligence, objectivity and reasonableness as well as the interests of all parties involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanations, warnings and bans.
8.6. Customers can terminate the customer account at any time. The vendor can terminate the customer account at any time with a reasonable period of notice, which is usually two weeks. The termination must be reasonable for the customer. The vendor reserves the right of termination for good cause.
8.7. From the time of termination, the customer account and the information stored in it are no longer available to the customer. It is the customer’s responsibility to back up their data upon termination of the customer account.
9. Product warranty, guarantee9.1. The warranty (liability for defects) is governed by the statutory provisions, subject to the following provisions.
9.2. A guarantee only exists for goods supplied by the vendor if it has been expressly given and the customer was informed of the guarantee and its terms before the order process began.
9.3. If the customer is an entrepreneur, they must inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and must notify the vendor in writing of any visible defects without undue delay, at the latest within two weeks after delivery, and of any non-visible defects without undue delay, at the latest within two weeks after discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and color that are customary in the trade and permissible in accordance with quality standards, as well as minor deviations, do not constitute defects.
9.4. If the customer is an entrepreneur, the vendor chooses between rectification and replacement of defective goods.
9.5. Notwithstanding the liability provisions of these General Terms and Conditions, claims for defects of customers who are entrepreneurs become statute-barred one year after the transfer of risk, unless longer periods are prescribed by law, in particular special provisions for the recourse of the entrepreneur. For used goods, the warranty of customers who are entrepreneurs is excluded.
9.6. If the customer who is an entrepreneur has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its type and intended use, the vendor is, subject to an express agreement and without prejudice to other warranty obligations, not obliged to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the vendor is also not obliged to reimburse such expenses within the scope of a recourse by the customer within the supply chain (i.e. between the customer and their customers).
9.7. For digital content, the statutory provisions on contracts for digital products apply (Sections 327 et seq. of the German Civil Code, BGB). Slight deviations in color reproduction depending on screen, printer and settings do not constitute a defect.
10. Liability10.1. The following exclusions and limitations of liability apply to the vendor’s liability for damages, without prejudice to the other statutory requirements for claims.
10.2. The vendor is liable without limitation if the damage was caused intentionally or by gross negligence.
10.3. Furthermore, the vendor is liable for the slightly negligent breach of essential obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the vendor is only liable for foreseeable damage typical for the contract. The vendor is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
10.4. The above limitations of liability do not apply to injury to life, body or health, to defects after a guarantee for the quality of the product has been given, or to fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
10.5. Insofar as the vendor’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the contract text11.1. The customer can print out the contract text before submitting the order to the vendor by using the print function of their browser in the last step of the order process.
11.2. The vendor also sends the customer an order confirmation with all order data to the email address provided by the customer. Together with the order confirmation, and at the latest upon delivery of the goods, customers who are consumers also receive a copy of these General Terms and Conditions, including the cancellation policy and information on delivery costs as well as delivery and payment terms. If customers have created a customer account, they can view their orders in their profile area. In addition, the vendor stores the contract text but does not make it accessible on the internet.
12. Closing remarks12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the vendor’s registered office, and the place of jurisdiction is the vendor’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the buyer has no general place of jurisdiction in the vendor’s country of domicile. The vendor’s right to choose another admissible place of jurisdiction remains reserved.
12.2. In the case of entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
12.3. The language of the contract is German. This English translation is for information only.
12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. Rights of use for image files13.1. For purchased image files, the customer receives a simple (non-exclusive), non-transferable right of use, unlimited in time and territory, within the scope of the license selected when ordering (“Personal” or “Commercial”). The copyright remains with the vendor.
13.2. Scope, exclusions and the obligation to credit the author are set out in the license terms for image files, which form part of these General Terms and Conditions.
13.3. Uses beyond the selected license, in particular products for sale or distribution in which the image constitutes the essential content, require a separate agreement.
13.4. In the event of use beyond the scope of the license or without crediting the author, the vendor may demand an appropriate license fee for the actual use; further statutory claims remain unaffected.
14. Gift vouchers14.1. Gift vouchers can only be redeemed in this online shop for goods and image files. Further vouchers cannot be purchased with a voucher. The voucher value is not paid out in cash and does not bear interest.
14.2. After receipt of payment, the voucher is sent by email as a PDF file with its value and a personal code, and is also available for download in the customer account.
14.3. Vouchers are valid for three years, calculated from the end of the year in which they were purchased. The expiry date is stated on the voucher.
14.4. To redeem a voucher, the code is entered in the cart or at checkout before completing the order; subsequent crediting is not possible. Several vouchers can be combined in one order. The voucher is credited against the value of the goods, not against delivery costs.
14.5. If the order value is lower than the voucher value, the customer automatically receives the remaining balance by email as a new voucher code with the same validity. If the order value is higher, the difference can be paid using the payment methods offered.
14.6. Vouchers are transferable. The vendor may perform with discharging effect to anyone who redeems the voucher code. The vendor accepts no liability for loss or disclosure of the code unless the vendor is responsible for it.
