A G B

General one of business conditions

1. Term explanations

In the context of the available general trading conditions means:

a) D f k:
digital photo artist = digital photo artist Henning O. Tel.: +49 (0) 178,144 68 94
Studio rolling mill route 14 40599 Duesseldorf

b) Customer:
the other party of D f k

2. Applicability of the conditions

a) These general conditions apply on all offers, orders and contracts by D f k within the framework the their operating practice to be delivered and/or locked.

b) By task of an order gives itself the customer to know that he/they with these conditions in agreement explained.

c) Of these general conditions can be deviated only expressly, in writing and in mutual agreement.

d) Deviations by D f k in favor of the customer, have never the renouncement on these conditions in other cases to the consequence. A customer can make never any requirement valid due to the fact that D f k used these conditions in the past selectively.

e) Contracts and/or closer agreements, which were closed and/or met outside of the verbal or written order with D f k or however with subordinates and/or personnel of D f k, bind D f k only if and these thereafter in writing by D f k are to that extent confirmed.

f) If also the customer refers on the applicability of its/their general conditions, if these diverge, its find only the regulations of these general conditions application regardless of, if D f k does not consent expressly and in writing the applicability of the general conditions of the customer.

3. Offers/coming off of contracts

a) All offers and quotations of D f k are not-binding and noncommittal - actual and can if not expressly in writing somewhat differently agreed upon in each case within seven working-days after delivery by D f k are recalled.

b) If is not seriously something else mentioned, each offer is based on supply under normal circumstances and during normal working hours.

c) A contract comes off only after acceptance of an order by D f k.

d) D f k has the right to refuse the Annnahme from orders to or however determined conditions to a supply link, if is not seriously something else mentioned.

e) If the acceptance of an order is refused, D f k informs the customer to the respective order within five working-days after receipt accordingly.

f) D f k accepts excluding orders with a delivery address in Germany or countries of the European monetary union.

 

4. Supply

a) All articles of the D f k are usually within one until four weeks available. The customer keeps immediately a confirmation given up to everyone order. If an article is occasionally out of print, this is communicated to the customer as rapidly as possible by email, the respective order is stopped by D f k.

b) The articles are supplied to the delivery address, which the customer indicated with orders of the order. If the customer delivery at another address wishes, is to be communicated the D f k in writing by mail in time.

c) The times for delivery and - dates are prop periods and/or - dates, under the condition, indicated by D f k that the time for delivery does not amount to under any circumstances more than thirty days after receipt the order.

d) Excess of these times for delivery does not give of right because of to defaultingness cause. Therefore is necessary in distortion setting, before D f k in delay can turn out.

e) Supply by D f k happens starting from the place, at which the articles are in-clarified to the dispatch. D f k article are sent away in stable cardboard packing.

f) In case of the damage during transport the article with packing is NOT in receipt to take (insured dispatch) the article after back receipt is replaced and/or the amount returned.

5. Prices

a) Quotations are made by D f k on the basis at the time to always come the contract of the valid prices and are valid, if not expressly is indicated to something else, inclusive VAT. and exclusive packing and forwarding expenses. All prices are euros (€) - prices.

6. Payment

a) D f k dispatches ONLY on pre-payment of the amount of the order plus forwarding expenses altogether or by cash on delivery, whereby the additional costs connected to it go on calculation of the customer.

b) During payment by bank or giro the date of the credit note is considered on the giro and/or bank account of D f k as payment date.

c) For the case payment in time after order or placing of order, D f k does not have the right to suspend the execution of the contract locked with the customer or however (to the choice of D f k) with the customer closed the contract completely or in parts to waive, without becoming thereby somehow opposite the customer compensation requiring.

l) Payments of the customer do first to the repayment of the accumulated interest and (collection out of court) costs and afterwards to the repayment (at the longest) pending the calculation.

j) In accordance with § 19 exp. 1 UStG is raised no value added tax. Therefore the regulations do not apply over the separate document of identification of the tax in a calculation (§ 14 exp. 1 UStG).

7. Right one of mental property/retention of title

a) The articles manufactured by Posters.nl remain, subject to differently reading written contract, at all times the property of D f k. Those below mentioned regulations of this section do not impair the regulations of this first paragraph.

b) From the determination of the paragraph A of this article refrained, all articles supplied by Posters.nl remain in each case so long property of the Posters.nl to that the customer its/their obligations opposite Posters.nl completely fulfilled.

c) Up to the time of the complete payment of the purchase price, including interest and fees possibly accumulated, the customer, except in case of written consent by D f k, has not the right, of him/it of D f k bought to pawn (n) thing (n) third or to transfer however the property of this thing.

d) The danger of by D f k supplied article turns into, without prejudice to by D f k bedungenen retention of title, starting from the time of the delivery of the respective articles to the customer on the customer. For possible damage to/the supplied thing (n) on/those the retention of title rests, which develop during remaining with customer, clings D f k on no condition.

e) If customer, who reasons or due to a whatever cause always, against which offends to regulations of these conditions or is explained for insolvent or deferred payment requests or dies or with its creditors it meets a repayment agreement or is forced to it D f k the right, the supplied (n) thing (n) has to take back, equal where these are, and without the customer any requirements for compensation could make valid against D f k.

f) Should turn out, which by D f k of supplied articles, for which the price is not yet (completely) settled by the customer, finished, to individualize into another thing come up or however no more is, the again formed thing than property of the D f k is not regarded.

g) The customer has all mental and commercial vested titles, which rest on that by D f k supplied article, to respect completely and unconditionally. D f k does not guarantee that those do not represent supplied article to the customer an injury of any (unwritten) mental and/or commercial vested title third.

8. Warranty

a) Regarding the articles supplied by D f k D f k grants only warranty, if and if this is given by the suppliers of D f k at D f k.

b) As far as of warranty the speech is, this is only valid itself in case of possible factory defects and/or defects when normal use the thing supplied by D f k, in accordance with which usual and normal regulation occur and therefore not of inappropriate storage, treatment or unsachegemäßer use, or which is not obeying possibly given maintenance the speech.

c) No warranty granted during the period, in which the customer with the fulfillment of the obligations is its/for their part in relation to D f k in delay.

d) The warranty granted by D f k extends under no circumstances of far as on the free supply of the missing part of the thing or however the free reconditioning or replacing of the thing, at which the lack, which falls under the given warranty, manifests itself, this to the choice of D f k. Due to the subsequent delivery of the missing part or the reconditioning or replacing supplied the thing D f k steps to all rights, which valid the customer can make against the manufacturer or importer of the thing.

e) If by D f k supplied things through third repaired or it were worked on and/or treated the warranty granted by D f k, all of this purges subject to the case that D f k with the repair or treatment and/or treatment consented in writing by third.

f) If seriously and in writing something else one did not agree upon, D f k is obligated only within Germany to the fulfillment of its regulations described surety bonds managing mentioned into that.

9. Recalling right

a) The customer can waive the contract during seven working-days after receipt of the articles without indication of reasons. D f k places in this case only the direct costs the return of the articles to the customer in calculation. If the customer sends back only one part of the order, the provision costs do not purge.

b) D f k reserves itself the right, in order to place in case of by the customer of caused damage to the sent back articles possible costs in calculation.

c) In case of the abolition as in paragraph A of this section mentioned, the customer will manage as rapidly as possible, in each case however within seven working-days after the abolition the return of the articles.

d) Returns only accepted if the packing and the product are intact.

e) If already payment took place, D f k will transfer the payment (less the dispatch and Retourkosten) back.

10. Damage

a) If the customer states with delivery that the products are damaged (whereby the packing does not exhibit damage), D f k is as rapid of it as possible however in each case within seven days after delivery, anyhow after statement points more appropriately was possible, in writing by mail in knowledge to be set. The customer has to send back these products at D f k in the original packaging.

b) D f k is justified, if the customer already paid to replace the invoice amount of the products. Also D f k can decide to repair or replace supplied products.

c) The costs of the dispatch go debited to the customer. The costs of the return go debited to of D f k.

11. Abolition

a) _ if the customer with the fulfillment possibly a, itself from with D f k closed contract result in obligation in delay remain the customer judge, without far in set defaulting be and have D f k the right the closed contract without in set waive or the execution the contract whole or in part suspend, this to choice of D f k and without prejudice to the right of D f k, for the it due to the suspension and/or abolition develop damage of customer a remuneration demand.

b) In case of the suspension or abolition of the contract by D f k, closed of it with the customer, as in the managing mentioned paragraph described, D f k is committed to its contractually owed achievement into no wise opposite the customer to the payment of compensation.

12. Higher force

a) D f k has at any time the right to waive the contract closed with the customer or suspend the execution its to be fulfilled without being obligated for this reason too possibly which compensation achievements, if D f k, or however their suppliers, or other (legal) persons, of those avails itself during the execution with the customer closed contract, by higher force is prevented/is, its/their obligations.

b) By “higher force” in the sense of the managing mentioned paragraph is to be understood: Jedweder lack, which cannot be attributed D f k, because she is not to due to her debt and neither in accordance with law, legal transaction or the views valid in social handling on her calculation comes. In addition belongs in each case: Strike, lockout, fire, frost, inundation, lack of means of transport, official regulations, refusal national authorities, in order to give in or export licences, riot, mobilization, war, state of emergency, blockade, operational disturbances, unusually high loss of personnel due to illness, not punctual supply or unfit supply of Verpackungsmaterialen, raw materials or auxiliary raw materials, directly whether these circumstances with D f D f k avails itself k, or its supplier, or other (legal) persons, of those during the execution with the customer closed of the contract, it occurs.

13. Person data

a) D f k becomes, except if it due to omission which can be added on the part of the customer third must move, which pass provided data on not on by the customer third. These data are confidential and only within the internal departments of D f k are used.

b) D f k collects only the data, which are strictly necessary to be able to inform in order would drive out the order or around the customer continuously over special offers and new products. If the customer did not like about special offers is informed, the customer can indicate this for giving the order up in the purchase order form. The processing of these data happens in accordance with the applicable laws and regulations.

c) The customer has the right to see the person data and to correct these data and/or data.

14. Communication

a) Communication between D f k and the customer happens mainly over email. D f k is not responsible for damages, delays or the not tidy transmission of order data and reports due to the use of Internet or another means of communication in traffic between the customer and D f k and third.

b) Contents of the Websites, like also contents of all other expressions of D f k in the Internet are arranged with greatest possible care. D f k cannot deliver however regarding the kind and the correctness of contents of these information warranties. D f k is not responsible for possibly occurring errors or incorrectness or however for the consequences of the use of the appropriate information, if and of resolution or rough debt by D f k the speech should not be to that extent.

c) Nothing on the Websites of the D f k may be used through third without consent of D f k. All rights are reserved D f k.

16. Gegenstandslosigkeit/Anfechtbarkeit of individual regulations of the general conditions

a) Possibly a determination of these general conditions should prove as groundless, be waived and/or for futile explained remains the remaining regulations without reservation legally effective.

b) In case of as described in the managing paragraph, the groundless/unnecessary and/or waived regulation is replaced by a regulation, which comes the intention and the purpose of the groundless/unnecessary and/or waived regulation as close as possible.

17. Law cases

a) All points of issue, which refer on the interpretation or the observance of these general conditions, are subjected to the judgement of the court responsible in accordance with law.

b) All contracts, which are subject by D f k, under which effectiveness of these general conditions are locked, excluding German right.

c) By none that managing mentioned regulations the rights, which result for D f k from the common right, in whatever way are always limited.

D) These general terms of sale are available also on inquiry with D f k and can as Worddokument be supplied, so for a long time the supply are enough.

Duesseldorf 01 November 2008