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Machine translated
General Terms and Conditions with Customer Information
Table of Contents
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sebastien Bonset, trading under "Fotografie-Bonset" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed in the Seller’s online store. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer in terms of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.4 An entrepreneur in terms of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online store do not constitute binding offers but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online store. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that finalizes the order.
2.3 The Seller can accept the Customer’s offer within five days by:
Sending a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
Requesting payment from the Customer after the order is placed.
If multiple alternatives exist, the contract is concluded at the moment when one of these alternatives first occurs. The acceptance period begins the day after the offer is sent by the Customer and ends at the expiration of the fifth day after sending the offer. If the Seller does not accept the offer within the specified period, the offer is considered rejected, and the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. The Seller immediately accepts the Customer’s offer at the time the Customer clicks the final order button.
2.5 The contract text is stored by the Seller after contract conclusion and sent to the Customer in text form (e.g., email, fax, or letter). Beyond this, the Seller does not provide further access to the contract text.
2.6 Before submitting a binding order via the online order form, the Customer can identify and correct input errors using standard keyboard and mouse functions until clicking the final order button.
2.7 The languages available for contract conclusion are displayed in the online store.
2.8 Order processing and communication are generally carried out via email and automated order processing. The Customer must ensure that the provided email address is correct and that emails from the Seller can be received.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union.
4) Prices and Payment Terms
4.1 The prices stated in the Seller’s product descriptions are total prices including statutory VAT. Additional shipping costs are specified separately in the product description.
4.2 For deliveries outside the EU, additional costs such as bank transfer fees or import duties may apply.
4.3 Available payment methods are displayed in the Seller’s online store.
4.4 Payments via Stripe are processed by Stripe Payments Europe Ltd. Information on Stripe is available at https://stripe.com/de.
5) Delivery and Shipping Terms
5.1 Delivery is made to the address provided by the Customer unless otherwise agreed.
5.2 If delivery fails due to the Customer’s fault, the Customer bears reasonable costs incurred.
5.3 Risk of accidental loss passes to the Customer upon handover of the goods.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply.
5.5 If in-store pickup is offered, the Customer can collect the goods at the Seller’s business location without shipping costs.
5.6 Vouchers are provided as follows:
Via download
Via email
6) Retention of Title
Until full payment is received, the Seller retains ownership of the delivered goods.
7) Liability for Defects (Warranty)
The statutory warranty rights apply with the following deviations for entrepreneurs:
The Seller chooses the type of supplementary performance.
The limitation period for defect claims is one year.
Used goods are excluded from warranty.
8) Liability
8.1 The Seller is fully liable for intent, gross negligence, and damages to life, body, or health.
8.2 For negligent breaches of essential contractual obligations, liability is limited to foreseeable damage.
8.3 Otherwise, liability is excluded.
9) Redemption of Promotional Vouchers
9.1 Promotional vouchers are only redeemable within the specified period and cannot be purchased.
9.2 They can only be redeemed before the order process is completed.
10) Redemption of Gift Vouchers
10.1 Gift vouchers can be redeemed in the online store unless otherwise stated.
10.2 They are valid until the end of the third year after purchase.
11) Applicable Law
11.1 The law of the Federal Republic of Germany applies.
11.2 This choice of law does not apply to consumers outside the EU whose residence and delivery address are outside the EU.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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Machine translated
Privacy Policy
1) Introduction and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data includes all data with which you can be personally identified.
1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Sebastien Bonset, Fotografie-Bonset, Hegelstr. 24, 30890 Barsinghausen, Germany, Tel.: 0155 60700544, E-Mail: shop@fotografie-bonset.com. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Data Collection When Visiting Our Website
2.1 When using our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server (so-called "server log files"). When you access our website, we collect the following data that is technically necessary for us to display the website:
Our visited website
Date and time of access
Amount of data sent in bytes
Source/reference from which you accessed the site
Browser used
Operating system used
IP address used (if applicable: in anonymized form)
Processing is carried out in accordance with Art. 6 (1) (f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be disclosed or used for any other purpose. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.
2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the controller). You can recognize an encrypted connection by the string "https://" and the lock icon in your browser line.
3) Hosting & Content Delivery Network
Squarespace
For hosting our website and displaying the site content, we use the system of the following provider: Squarespace Ireland Ltd., Squarespace House, Ship Street Great, Dublin 8, D08 N12C, Ireland.
All data collected on our website is processed on the provider's servers.
We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.
As part of these services, data may also be transmitted to Squarespace Inc. in the USA.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with European data protection levels based on an adequacy decision by the European Commission.
4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted when you close your browser ("session cookies"), while others remain longer on your device and allow the storage of page settings ("persistent cookies"). You can find the storage duration in the cookie settings of your web browser.
If personal data is processed through individual cookies, processing is carried out in accordance with Art. 6 (1) (b) GDPR for contract execution, Art. 6 (1) (a) GDPR in the case of consent, or Art. 6 (1) (f) GDPR to protect our legitimate interests in optimal website functionality and a user-friendly visit experience.
You can configure your browser to inform you about the setting of cookies and decide on their acceptance individually or exclude the acceptance of cookies in certain cases or generally.
Please note that the functionality of our website may be restricted if cookies are not accepted.
5) Contacting Us
When you contact us (e.g., via contact form or email), personal data is processed exclusively for the purpose of handling and responding to your inquiry and only to the extent necessary.
The legal basis for this processing is our legitimate interest in responding to your inquiry pursuant to Art. 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, then the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and if there are no legal retention obligations.
6) Data Processing for Order Handling
6.1 If necessary for contract execution, the personal data collected by us will be forwarded to the contracted transport company and the contracted credit institution for payment processing in accordance with Art. 6 (1) (b) GDPR.
6.2 Use of Payment Service Providers
PayPal
If you select a payment method from PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, your payment data will be transmitted to PayPal for payment processing. This transmission occurs in accordance with Art. 6 (1) (b) GDPR and only to the extent necessary.
Stripe
If you select a payment method from Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, your payment data will be transmitted to Stripe for payment processing in accordance with Art. 6 (1) (b) GDPR and only to the extent necessary.
7) Use of Customer Data for Direct Advertising
Subscription to Our Email Newsletter
If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory detail required for sending the newsletter is your email address. Providing additional data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending newsletters. This ensures that you will only receive the newsletter after you have explicitly confirmed your consent by clicking on a verification link sent to the provided email address.
By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) lit. a GDPR. As part of this, we store your IP address registered by the Internet Service Provider (ISP), along with the date and time of your subscription, to track any potential misuse of your email address. The data collected during newsletter registration is strictly used for this purpose.
You can unsubscribe from the newsletter at any time via the designated link in the newsletter or by notifying the responsible party mentioned above. After unsubscribing, your email address will be promptly deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use the data beyond this, as permitted by law and about which we inform you in this privacy policy.
8) Data Processing for Order Handling
8.1 If necessary for contract execution regarding delivery and payment purposes, the personal data collected by us will be shared with the commissioned transport company and the commissioned financial institution, in accordance with Art. 6 (1) lit. b GDPR.
If we are obligated to provide updates for products with digital elements or for digital products under a corresponding contract, we will process the contact data you provided during the order process (name, address, email address) to inform you personally about upcoming updates within the legally prescribed period. This is done in compliance with our legal information obligations according to Art. 6 (1) lit. c GDPR. Your contact details will be used strictly for communications regarding updates we are obliged to provide and will only be processed to the extent necessary for this purpose.
To process your order, we also collaborate with the following service providers who support us in fulfilling our contractual obligations. Certain personal data will be transferred to these service providers as described below.
8.2 Use of Payment Service Providers
- PayPal
One or more online payment methods from the following provider are available on this website:
PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
If you select a payment method from the provider that requires advance payment, your payment data (including name, address, bank and card information, currency, and transaction number) as well as order details will be transmitted to the provider in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data occurs solely for the purpose of payment processing and only to the extent necessary.
If you choose a payment method where we make an advance payment, you will be asked to provide certain personal data (e.g., first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and possibly data related to an alternative payment method) during the order process.
To protect our legitimate interest in assessing your payment ability, this data is forwarded to the provider for a credit check in accordance with Art. 6 (1) lit. f GDPR. The provider assesses whether the selected payment option can be granted based on the personal data provided by you and additional data (such as shopping cart contents, invoice amount, order history, and previous payment experiences).
The credit report may include probability values (so-called score values). If score values are incorporated into the credit report, they are based on a scientifically recognized mathematical-statistical method. Among other factors, address data may also be included in the calculation of these score values.
You can object to this processing of your data at any time by notifying us or the provider. However, the provider may still be authorized to process your personal data if necessary for proper payment processing.
- Stripe
One or more online payment methods from the following provider are available on this website:
Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
If you select a payment method from the provider that requires advance payment (such as credit card payment), your payment data (including name, address, bank and card information, currency, and transaction number) as well as order details will be transmitted to the provider in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data occurs solely for the purpose of payment processing and only to the extent necessary.
If you choose a payment method where the provider makes an advance payment (such as invoice or installment purchase or direct debit), you will also be required to provide personal data (e.g., first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and possibly data related to an alternative payment method).
To protect our legitimate interest in assessing the payment ability of our customers, this data is forwarded to the provider for a credit check in accordance with Art. 6 (1) lit. f GDPR. The provider assesses whether the selected payment option can be granted based on the personal data provided by you and additional data (such as shopping cart contents, invoice amount, order history, and previous payment experiences).
The credit report may include probability values (so-called score values). If score values are incorporated into the credit report, they are based on a scientifically recognized mathematical-statistical method. Among other factors, address data may also be included in the calculation of these score values.
You can object to this processing of your data at any time by notifying us or the provider. However, the provider may still be authorized to process your personal data if necessary for proper payment processing.
9) Page Functionalities
9.1 Facebook Plugins
Our website uses plugins from the social network provided by the following company:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
These plugins allow direct interactions with content on the social network.
To enhance the protection of your data when visiting our website, the plugins are initially deactivated and integrated into the page using a so-called “2-click” or “Shariff” solution.
This integration ensures that when you access a page on our website that contains such plugins, no connection is established with the provider’s servers.
Only when you activate the plugins and thereby give your consent to data transmission in accordance with Art. 6 (1)(a) GDPR, your browser establishes a direct connection to the provider’s servers. In this process, information about your device (including your IP address), your browser, and your browsing history is transmitted to the provider and may be processed there, regardless of whether you are logged into an existing user profile.
If you are logged into an existing user profile on the provider’s social network, information about interactions carried out via the plugins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin again by clicking on it. However, the revocation does not affect the data already transmitted to the provider.
Data may also be transferred to: Meta Platforms Inc., USA
We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, based on an adequacy decision by the European Commission, ensures compliance with the European data protection level.
9.2 Instagram Plugins
Our website uses plugins from the social network provided by the following company:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
These plugins allow direct interactions with content on the social network.
To enhance the protection of your data when visiting our website, the plugins are initially deactivated and integrated into the page using a so-called “2-click” or “Shariff” solution.
This integration ensures that when you access a page on our website that contains such plugins, no connection is established with the provider’s servers.
Only when you activate the plugins and thereby give your consent to data transmission in accordance with Art. 6 (1)(a) GDPR, your browser establishes a direct connection to the provider’s servers. In this process, information about your device (including your IP address), your browser, and your browsing history is transmitted to the provider and may be processed there, regardless of whether you are logged into an existing user profile.
If you are logged into an existing user profile on the provider’s social network, information about interactions carried out via the plugins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin again by clicking on it. However, the revocation does not affect the data already transmitted to the provider.
Data may also be transferred to: Meta Platforms Inc., USA
We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, based on an adequacy decision by the European Commission, ensures compliance with the European data protection level.
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