General Terms and Conditions of Business (TCB)
1.1 Unless otherwise expressly agreed in writing, the following General Terms and Conditions of Business, and the conditions in the relevant, currently valid price lists, shall apply to all goods and services supplied by federvieh, Heiko De Groot (hereafter: "the seller") to the exclusion of any others.
1.2 Any of the customer's conditions conflicting with, or diverging from, these General Terms and Conditions of Business will not be recognized by the seller except where he has given express written agreement to their validity. Any alterations and additions to the contract shall be made in writing.
1.3. Goods are supplied to retail customers under the provisions of the relevant distance selling regulations that came into force on July 1st 2000 and has been replaced on January 1st 2002 by recent legislation on distance selling into German Civil Code (BGB), especially §312b-f.
2. Despatch costs for post and packing
2.1 Despatch costs for post and packing are invoiced individually and are payable along with the purchase price of the goods quoted on the web page.
3.1 Prices quoted by the seller as part of his Internet quotation for finished products in the field of photographic art are recommended retail prices in euros and include statutory Value Added Tax (VAT). These prices are valid only for orders received on the basis of e-commerce.
3.2 Prices for services and for products supplied to further processors are subject to the addition of VAT: For further details, please see our price lists or quotations.
3.3 The prices valid at the time of the order shall invariably apply.
4. Copyrights, brand rights, related laws
4.1 The client for production or reworking of film or audio material bears sole responsibility for the contents of textual, pictorial and audio material provided. The client is assumed to possess all the required copyrights, brand and other rights in respect of the text, film, photographic and audio material provided. Should the fulfilment of a contract lead to the infringement of the rights, and especially the copyrights, of Third parties, then the client shall bear sole responsibility. The client exonerates the contractors from any liability for meeting any claims from Third parties arising from such infringement of rights. In placing an order, the client provides the assurance that the contents of his text, film, photographic or other pictorial material do not infringe any laws currently in force.
4.2 In acquiring one photographic image on canvas, the purchaser is solely securing one single physical presence of a work. The purchaser is not acquiring any rights of exploitation extending beyond the use of an image for the purposes of decoration. In particular, the purchaser is acquiring no rights to lease, copy or reproduce this (including the moving image) in any form whatever. Any alteration of what is an inviolable work is inadmissible. Any exploitation for advertising purposes is prohibited.
4.3 However, the seller's copyrights in speech, sound, image (including the moving image) as well as other intellectual property of his are as a matter of principle not being alienated.
5. Right of return
5.1 The seller only grants the statutory right of cancellation within two weeks, without any requirement for any justification for such cancellation on the part of consumer, complying with German Civil Code (BGB) §355, in respect of transactions deemed legal under German federal law. (If the consumer would not have been informed of his cancellation right by these TCB prior to the conclusion of an agreement, the right of cancellation would have been granted for one month.)
5.2 The two-week term and the one-moth term commence at the time that delivery is received and is satisfied by despatch of the goods, intact, unused and undamaged, to the seller (federvieh - Heiko De Groot, fax: +49 (0)40 / 250 93 15, name and address given in the purchase contract).
5.3 The purchase contract only finally becomes valid, therefore, on expiry of the two-week period following delivery, during which return is permissible.
5.4 The right of return does not apply to articles not stocked in the seller's warehouse and fabricated at the express request of the customer.
5.5 Where the purchaser returns goods, the purchase price is refunded. The purchaser shall bear postage costs. Consignments which have not been duly franked will not be accepted by the seller and will be returned at the purchaser's expense. Any consignments are accordingly to be adequately and properly franked.
5.6 Where articles are returned in a damaged or defective state, then the purchaser is obliged to pay damages to the seller. The purchaser also bears any transport risks on the return consignment.
6. Complaints of faults
6.1 The purchaser shall lodge a written complaint with the seller without delay, and at latest within three days of delivery, of all obvious, discernible faults, deficiencies, or erroneous deliveries, otherwise the consignment will be considered to have been accepted. Once the goods have been cut or utilized, or other reworking has commenced, every complaint of obvious faults is excluded.
6.2 Hidden defects, similarly, must be notified in writing without delay, and at latest within three days of being detected.
6.3 Liability for any faults is restricted to the cost of subsequent rectification or of replacement delivery within an appropriate period.
6.4 No minor, technically unavoidable deviations in the quality, colour, fabric structure, outfitting, transparency or nature of the surface that are customary in the trade shall entitle the purchaser to lodge any complaints. In the event of a complaint that is justified, the purchaser shall initially only enjoy the right of demanding subsequent rectification or a replacement delivery. The return of any goods must as a matter of principle to be agreed in writing with the seller. Any returns of goods not so agreed are inadmissible, will not be accepted and shall be returned at the purchaser's expense.
7. Conditions of payment
Private persons are supplied with works of photographic art against payment in advance. Companies entered in the German Commercial Register are presented with invoices payable within the term given.
8. Data protection
8.1 Data relating to you personally are recorded and stored solely in fulfilment of the statutory regulations of the Bundesdatenschutzgesetz (BDSG), or German Federal Data Protection Law, as well as the Informations- und Teledienstdatenschutzgesetz (TDDSG). We store and use the following data of yours: first name, family name, postal address, e-mail address, telephone number and (if different) your address for deliveries (street, postal code, location) exclusively for handling your orders. In addition, the seller needs your e-mail address and telephone number for contacting you rapidly on any questions and further information relating to your order.
8.2 Following your call at our Internet page, for the improvement of our range certain data are stored to enable us to evaluate such calls and these could possibly permit an identification (for example, IP addresses, date, time, pages viewed).
8.3 We do not pass on your personal data: We do not pass on data relating to your person, including your postal and e-mail addresses, to Third parties. The only exceptions here are for our partner service providers such as e.g., GLS and DHL.
8.4 Notification, correction, blocking and deletion of data related to your person: You have a right to be informed and a right to the correction, blocking and deletion of your stored data. For this purpose, please contact us by e-mail at
or by fax: +49 (0)40 / 250 93 15.
9. Place of jurisdiction and applicable law
For all legal disputes arising from this contract, the place of jurisdiction is agreed as Hamburg, Germany. All contracts are completed under German jurisdiction. All contracts are reached under German law. Any decisions on contracts reached shall be taken in accordance with German law.
10. Other stipulations
10.1 The invalidity of specific conditions (or specific clauses of such conditions) in the basic contract, including the General Terms and Conditions of Business, shall not affect the validity of the other conditions.
10.2 If they are to be valid, then any statements of whatever kind relating to the contractual relationship between the seller and the purchaser, must be in written form - unless, that is, agreement to the contrary has been reached in writing.
10.3 The validity of any oral agreements shall in all cases require written confirmation without delay. Should this not be forthcoming, then the oral understanding shall be regarded as not having been reached.
11. Declaration in accordance with the distance selling regulations
Recent legislation (the Distance Selling Law or Fernabsatzgesetz and legislation in the German Civil Code, BGB replacing it) required the following explanatory declarations on sales effected solely by means of the use of long-distance communications technologies:
11.1 Supplier identification
The range offered at the Internet address www.federvieh.de consists of one offered by Heiko De Groot, 20251 Hamburg, Telefax: 040 / 250 93 15.
11.2 Conclusion of contract
The seller's offers are subject to change and not binding. The purchaser refrains from insisting on access to a declaration of acceptance (§151 Para. 1 German Civil Code). Having dispatched the order by e-mail, the client receives a reply by e-mail reproducing his order. Receipt of this confirmation by the client renders his order effective, or at least it becomes so on receipt of the delivery.
The seller is entitled to withdraw from contracts where facts arise indicating that the client is not creditworthy.
11.4 Obstacles to delivery
Should an article ordered by the purchaser in exceptional cases not be available for delivery, or should the date set for delivery fall over four weeks after confirmation of the order, then the seller shall notify the purchaser as rapidly a possible of the exact delivery date, or alternatively that delivery cannot be made
11.5 Prices and additional costs
Prices quoted by the seller as part of his Internet quotation for finished products in the field of photographic art are recommended retail prices in euros and include statutory Value Added Tax (VAT). These prices are valid only for orders received on the basis of e-commerce. Prices for services and for products supplied to further processors are subject to the addition of VAT: Further details will be found in the price lists and/or individual quotations.
11.6 Right of return
The seller grants the legal right of return within two weeks without any details of the reasons solely in respect of legal transactions concluded by a person for purposes that cannot be deemed to be in pursuit of either commercial or their own professional activities. The term commences with receipt of the delivery and is deemed to have been fulfilled with the despatch of the goods to the seller (at his place of business). The purchase contract only becomes valid on the expiry of the two-week term. Articles not stocked in a warehouse and fabricated at the express request of the client are excluded from such right of return.
11.7 Data protection
The data required for the handling of the order are stored and handled in confidence in accordance with the provisions of the German Federal Law on Data Protection. Nevertheless, the seller reserves the right to transmit the data to other companies and credit rating agencies for the purposes of credit checks.