Shop

Terms and Conditions

The general terms and conditions of befife GmbH for the specialist shop click & surr – analogue film and photo technology, valid only for online trading:

1. General

1.1
We only work according to our terms and conditions below, which you accept by ordering goods from our online catalog or buying in our specialist shop. The contract is concluded exclusively in German. befife GmbH delivers to many countries around the world (see ordering process) and there is no minimum order value.

1.2
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3
The sole place of jurisdiction for all proceedings relating to deliveries and services of the online shop or other matters is Berlin.

2. Prices

2.1
Our prices are generally those in the shopping cart on our website at the time of  Prices stated in the order. Different prices that may be shown on pages loaded from intermediate storage (browser cache, proxies) are not current and invalid. Unless expressly agreed otherwise in writing, our prices apply from the shipping location plus packaging and freight. All prices stated on our website include 7% or 19% VAT, unless the customer selects a country outside the European Union as the delivery country.

2.2
When selling used equipment, VAT cannot be declared because it is a differential taxation according to Section 25a of the VAT Act. This applies to orders from within Germany and abroad.

2.3
Packaging becomes the property of the customer.

3rd order

3.1
We only accept orders for goods and services from the Internet catalogue in writing. The risk of an unexplainable, incorrect transmission lies with the customer.

3.2
The presentation of the products in the online shop does not constitute a legally binding offer,  but a non-binding catalog. By clicking the "Buy now" button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of the order will follow immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.

3.3
Subject to prior sale and errors, particularly with regard to price or model information on this website.

3.4
You order/buy in our shop by
a) Add items to the shopping cart
b) Enter your delivery and payment details
c) Confirm the accuracy of your information on the control page and then click on the “Buy now” button.

3.5
Your order data will be stored with us. If you have any documents for your  If you lose your order, please contact us by email. We will send  We will be happy to send you a copy of your order details.

4. Delivery times

4.1
We only process orders against advance payment.

4th2
We deliver within 1-3 working days after receipt of payment. Please refer to the respective product page for any exceptions.

5. Delivery service

5.1
For every delivery within Germany we charge a flat rate for postage and packaging of 8.00 euros (including VAT).

Deliveries outside Germany are possible. The costs incurred for postage and packaging are country-specific and are shown during the ordering process.

5.2.
befife GmbH does not assume any procurement risk. If the item is not available or temporarily unavailable, befife GmbH will inform the customer immediately. Until the sub-supplier delivers, befife GmbH is released from its obligation to perform and can withdraw from the contract if the item cannot be delivered. We reserve the right to make partial deliveries if some of the ordered products are temporarily unavailable. The purchase price for products not delivered will be refunded.

5.3
In the event of withdrawal, any amounts already paid towards the purchase price will be refunded immediately by befife GmbH. Claims for damages by the customer are excluded. This does not apply if befife GmbH is responsible for the non-delivery by the supplier.

6. Transfer of Risk and Warranty

6.1
If the customer collects the goods from the premises of befife GmbH, the risk  of accidental loss or accidental damage passes to the customer when the goods are handed over. If befife GmbH sends the goods to the customer, the risk passes to the customer when the goods are handed over to the carrier for businesses and when the goods are handed over by the carrier to the consumer for consumers.

6.2
The warranty begins with the delivery of the goods and is based on the  statutory provisions. If repairs or changes are made to the delivery item by the customer or a third party without the written consent of befife GmbH, any warranty will expire. The above does not apply if the customer proves that the defects in question were not caused by the changes made by him or the third party.

6.3
The limitation period for statutory claims for defects is two years for new goods, provided the customer is a consumer.

6.4
If the customer is an entrepreneur, the limitation period for the  Warranty claims are valid for one year and befife GmbH has the choice of remedying the defect or delivering a defect-free item; obvious defects in the goods or services provided by befife GmbH must be reported in writing.

6.5
The limitation periods specified in clauses 6.3 and 6.4 shall not apply in the case of  Intentional or fraudulent concealment of a defect or insofar as befife GmbH has assumed a guarantee for the quality of the delivery item. The limitation periods in sections 6.3 and 6.4 also do not apply to claims for material defects in cases of injury to life, body or health, claims under the Product Liability Act, grossly negligent breach of duty or culpable breach of essential contractual obligations.

6.6
befife GmbH assumes no liability for normal wear and tear  of the goods as well as defects resulting from incorrect or negligent handling or operation or exceptional operating conditions.

6th7
Some manufacturers offer warranties on their products that go beyond the  warranty rights. In such cases, the manufacturer's warranty terms apply.

6.8
Used equipment purchased from us is carefully checked and repaired before sale. Customer claims for defects in used items expire one year after the item sold is handed over to the customer. Excluded from this regulation are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have given for the quality of the item. The statutory limitation periods apply to these excluded claims.

6.9
Devices that are described as collector's items on the website may have limited functions. We offer such devices explicitly for exhibition purposes, but not for use. A guarantee for the functions of collector's items is excluded.

6.10
If products and goods are delivered with obvious transport damage, the customer is asked to immediately complain to the supplier and to contact befife GmbH. The customer will help to enforce befife GmbH's claims against freight forwarders and transport companies. Failure to complain or contact befife GmbH has no consequences for the customer and their rights, in particular warranty rights.

7. Retention of title

7.1
In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

7.2
You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

7.3
If the customer defaults on any payment obligations to us, all existing claims shall become due immediately.

8. Customer's right of withdrawal under the Distance Selling Act

8.1
cancellation policy
Consumers (§ 13 BGB) have the following right of withdrawal:

right of withdrawal
For online purchases, you have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (befife GmbH, click & surr, Gartenstrasse 4, 10115 Berlin) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form (see 8.4), but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

8th2
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.

end of the cancellation policy

8.3
The right of withdrawal does not apply to contracts

• for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts;
• for the delivery of perishable goods that are sensitive to X-rays (photographic films, narrow films, etc.)
• for the delivery of goods that can be used for a limited time, such as batteries, lamps or adhesive films.

The right of withdrawal expires prematurely for contracts

• for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Your right of withdrawal expires prematurely if the contract is terminated by both parties on your  express wish is fully fulfilled before you have exercised your right of withdrawal.

8.4
sample cancellation form

If you want to cancel the contract, please copy this form into an email, fill it out and send it to befife GmbH, click & surr, Gartenstr.4, 10115 Berlin, E-Mail: info@clickundsurr.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date
(*) Delete as appropriate.

9. Seminars and Workshops

9.1
befife GmbH runs courses/workshops on the topics of photography and film. The structure, content, scope of services and details on the implementation of the selected offer can be found in the current course descriptions. Minor deviations in content are reserved.

9.2
Registration is usually done online or in the specialist shop click & surr, Gartenstr. 4, 10115 Berlin. Registration becomes binding when you are included in a list of participants. Registration confirmation is sent by email to the email address provided by the participant. The seminar fees are due and payable immediately upon registration.

9.3
Cancellation of a seminar booking and refund of payments made are not possible. However, the participant has the option of nominating a replacement participant. In this case, notification is requested by email.

9.4
befife GmbH reserves the right to cancel seminars for reasons that are not the responsibility of befife GmbH and that result in a seminar not being able to take place as planned or not taking place at all. Such reasons include, in particular, illness/accident of a lecturer or force majeure (catastrophes, declared states of emergency, strikes or armed conflicts) or insufficient number of participants. In the event of a cancellation, befife GmbH will inform participants by email to the address provided by the participants. Payments already made will be refunded. Further compensation is excluded.

9.5
The participant hereby grants befife GmbH an irrevocable, non-exclusive, temporally and spatially unlimited, transferable and  All known and unknown types of use are subject to the right to use the images, films and sound recordings made during a seminar.

The participant indemnifies befife GmbH from all claims, damages, costs and charges arising from a violation of the above paragraph and/or in connection with use in accordance with the above paragraph.

9.6
Documents provided and accompanying seminar materials are protected by copyright and may not be reproduced or made publicly available – even in part – without the prior written consent of befife GmbH.

10. Disposal and environmental regulations

10.1
Electrical and electronic devices must not be disposed of with household waste.

10.2
Consumers can return their waste electrical/electronic equipment free of charge to one of the  municipal collection points.

10.3
With regard to the Battery Act, according to the information available to us, our suppliers have fulfilled their obligation to report to the Federal Environment Agency.

10.4
Note for end users: Batteries must not be disposed of in household waste. End users are legally obliged to return used batteries. End users can return empty batteries free of charge after use to the point of sale or to municipal collection points.

All batteries or rechargeable batteries are marked with the symbol of the “crossed-out garbage bin”  marked.

Chemical symbols:
Pb = Battery contains more than 0.004 percent lead
Cd = Battery contains more than 0.002 percent cadmium
Hg = Battery contains more than 0.0005 percent mercury

Further information on the Battery Act can be found at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety at www.bmu.de

10.5
Purchases in the store are generally excluded from any right of exchange or return, provided that the goods were in perfect condition when handed over. Goods purchased in the store will not be taken back. Warranty claims apply to items purchased in the store as described for online trading.

11. Disclaimer

11.1
The limitations of liability do not apply to damages caused intentionally or by gross  negligence, as well as for injuries to life, body or health.

11.2
This Internet catalogue and the descriptions and prices contained therein  have been compiled by us with the greatest care. Nevertheless, we cannot accept liability for any editorial errors or for the continued availability of all goods. Price changes, errors and prior sale remain reserved. All offers are subject to change without notice.

11.3
Regardless of the legal basis, claims for damages against befife GmbH and its vicarious agents are limited to the damages that befife GmbH could reasonably have expected to occur when the contract was concluded. However, if the damage does not result from the violation of a material contractual obligation, the damages are limited to a maximum of ten times the order value.

11.4

For laboratory work or vouchers for development and/or scanning, we refer to the general terms and conditions of our contractual partners and their liability conditions for their services. In any case, the claim for damages by befife GmbH is limited to a refund of the material price. Further claims are excluded.

12. Repairs

12.1
If goods are sent to befife GmbH or an authorized repair shop for repair and the defects, damage or other changes or deterioration of the goods are not material defects that trigger statutory warranty claims or guarantee claims against the manufacturer, the necessary fees for cost estimates, repairs and similar costs must be reimbursed by the customer to befife GmbH.

12.2
If the customer wishes to have repairs carried out on devices that are in his possession and for which we have no warranty claims, he will bear the costs for transporting the goods to be repaired at his request to befife GmbH. befife GmbH is not liable for the goods until they arrive at the in-house workshop.

12.3
Repairs according to point 12.2 will only be carried out against advance payment. The customer will receive an invoice after completion of the work - before the device is returned.

12.4
befife GmbH is liable for damage or loss of goods sent in for repair due to theft, burglary, etc.only in accordance with the statutory provisions and the contents insurance taken out for our company. Further claims, in particular for damages, are excluded.

13. Retention periods

13.1 befife GmbH stores photo orders for collection for 3 months. Due to limited space, storage for longer is not possible. Complaints regarding scans, negatives or prints must be made no later than the week following completion of the work. Later complaints are not possible.

13.2

befife GmbH stores repair orders for 3 months after the repair has been completed. We inform the customer by phone or email that the repair has been completed. After a minimum of two weeks, we send another reminder by email or phone that the repair has not yet been picked up. 3 months after completion, all claims to the completed device expire.

14. Final provisions

14.1
These general terms and conditions contain all rights and obligations of the contracting parties.

14.2
If the customer is a merchant or does not have a place of residence within the European Union, our place of business is the sole place of jurisdiction for all disputes between the contracting parties, including claims relating to bills of exchange and cheques.

14.3
German law applies exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.

In transactions with end consumers within the European Union, the  The law of the place of residence of the end consumer may apply if it concerns mandatory consumer law provisions.

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.

We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.

Identity of the seller:

click & surr is a specialist shop of
befife GmbH
Gartenstr.4
10115 Berlin
www.clickundsurr.de

Call +49-(0)30-51657165

Registered under:
HRB 69746 B District Court Berlin-Charlottenburg
Managing Director: Jürgen W. Lossau
VAT ID: DE 198 252 810

Company complaints office:
info@clickundsurr.de

Note on the shop click & surr, Gartenstr. 4, 10115 Berlin:

The sole place of jurisdiction for all legal disputes with private or corporate customers is Berlin.