Terms & Conditions
Contractual partner and the user of these terms and conditions is COGNOSCO Fotokunst Amelie von Oppen Christian von Oppen GbR (hereinafter also called "COGNOSCO" or "Company")
Kaiserin-Friedrich-Str. 65 | 10627 Berlin-Charlottenburg
Tel.: +49 30 27 87 93 50
Please note that this is a translated version only. In case of a translation conflict, the German version of these Terms and conditions shall prevail.
§ 1 Scope of Terms and Conditions
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between COGNOSCO and the orderer. COGNSOCO shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by COGNOSCO in writing.
§ 2 Conclusion of a contract
The display of products in our online shop does not constitute a legally binding offer; this is a non-binding online catalogue only. The products which you have selected by pressing the "Add to basket" button are summarised again for you in an order overview at the end of the order process. On the summary page you can review the various information provided during the order process and change it by clicking the "Change" button. By clicking the button "Buy now", you send your order details and make a binding declaration to COGNOSCO that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with all relevant order and contract conformation, in which the details of your order are listed again.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, we recommend printing out the order details and the General Terms and Conditions applicable at the time of order.
Please note that we usually sell all products in small quantities only.
§ 3 Cancellation
All orderers have the following right of cancellation.
Right of cancellation& sample cancellation form
Please note that sales are regarded as final for any products which are producted to your individual specifications (e.g. processing of clients’ images, special formats, special type of finishing). Such customised products are excluded from the right to cancel according to § 312, Paragraph 2, No. 1 of the German civil code.
Information regarding your cancellation right
Right of cancellation
You have the right to cancel this contract without reason within fourteen days.
The cancellation policy lasts 14 days from:
1) The day on which you / or a third party named by you who is not the shipping service / take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery
2) The day on which you / or a third party named by you who is not the shipping service / take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.
To exercise your right to cancel, you must inform COGNOSCO Fotokunst GbR, (Kaiser-Friedrich-Str. 65, 10627 Berlin-Charlottenburg, Deutschland, Tel: +49 30 27 87 93 50, e-mail to service[at]cognosco.de) of your decision to cancel in a clear, written statement (by letter, fax, or e-mail, for instance). You may also use our sample cancellation form, but are not required to do so:
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
COGNOSCO Sample cancellation form
Download cancellation form here (PDF)
Cancellation Terms and Process
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly - at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.
For orders you shall bear the direct costs for returning goods.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.
§ 4 Delivery
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 2-10 workdays – depending on the product chosen. Delivery outside Germany will take approx. 4-14 workdays.
§ 5 Price, due date, payment and default
The prices stated in our online shop are final prices including applicable sales taxes. Shipping costs are not included in the price and are added to it in each case. Information about the shipping costs is contained in Paragraph 6 of these Terms and Conditions.
The purchase price is paid via paypal payment, SEPA direct debit or purchase on account. Please note that direct debit is only possible with a German bank account.
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, COGNOSCO shall have the right to demand an administrative fee of euros 5.00 from the orderer.
If you are in default, COGNOSCO reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, COGNOSCO can charge a flat rate of euros 2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, COGNOSCO reserves the right to assert claims in respect of these.
In the above cases clients are entitled to prove that no costs were in fact incurred by COGNOSCO or that these costs were less than the flat-rate fees stated above.
§ 6 Shipping costs
For deliveries within Germany COGNOSCO calculates a flat fee of 5,00 euros per order (incl. VAT). For order values greater than 50,00 euros, we will ship your items within Germany free of charge.
For deliveries outside of Germany we charge you a flat fee of 10,00 euros per order (incl. VAT). For order values greater than 500,00 euros, we will ship your items free of charge.
Please select your shipping destionation in the course of the order process. The corresponding shipping costs which will be applied will be shown accordingly.
If, for logistics reasons, COGNOSCO splits the order across multiple shipments, you shall not incur additional costs for this.
§ 7 Offsetting, retention
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by us. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 8 Retention of itmes
Until full and final payment, all delivered products shall remain the exclusive property of COGNOSCO.
Within the scope of statutory provisions, COGNOSCO is liable for damages without restriction.
(a) relating to loss of life, physical injury or damage to health which is due to willful or negligent breach of duty or is otherwise due to willful or negligent conduct by COGNOSCO or one of its legal representatives or vicarious agents;
(b) which is due to willful or negligent breach of duty or is otherwise due to willful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of COGNOSCO shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by COGNOSCO or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.
The above provisions shall apply accordingly to the liability of COGNOSCO in respect of reimbursing futile costs.
Liability under the Product Liability Act shall remain unaffected.
§ 10 Warranty
Unless expressly agreed otherwise, statutory warranty rights shall apply.
The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.
If you as orderer are a company according to § 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (§ 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
§ 11 No granting of rights
By buying a photographic product, you are only acquiring material ownership of the product. No other rights are granted or implied. Any commercial reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the product.
§ 12 Applicable law
German law shall apply to the exclusion of the UN Sales Convention.
Last update: 01.07.2016