Terms and Conditions

§ 1 Scope, Definitions

1. Vladimir Minenko – Photastro, Riesengebirgsstr. 6, 85586 Poing, Germany (hereinafter referred to as “we” or “Photastro”) operates an online shop for goods, digital products, and services via the website https://minenko.org/photastro and on eBay Germany. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
2. A “consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity. An “entrepreneur” is a natural or legal person or a legally capable partnership acting in the course of their commercial or self-employed professional activity when concluding a legal transaction. A legally capable partnership is a partnership equipped with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

1. The following regulations on contract conclusion apply to orders placed through our online shop at https://minenko.org/photastro.

2. Our product representations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. For offers on the eBay marketplace, the relevant sections of eBay’s general terms and conditions apply.

3. When an order is placed through our online shop, the following applies: The customer submits a binding contractual offer by successfully completing the order process provided in our online shop. The order proceeds as follows:

   • Selection of the desired goods, digital products, and services,

   • Adding the products by clicking the relevant button (e.g., “Add to Cart”),

   • Reviewing the items in the cart,

   • Proceeding to the checkout by clicking the appropriate button (e.g., “Go to Checkout”),

   • Entering/reviewing address and contact information, selecting the payment method, confirming the T&Cs and cancellation policy,

   • Completing the order by clicking the “Buy Now” button. This constitutes your binding order.

   The contract is concluded when you receive an order confirmation from us via email within three business days.

4. In the event of a contract, the contract is concluded with:
   Vladimir Minenko – Photastro, Riesengebirgsstr. 6, 85586 Poing, Germany.

5. Before placing the order, the contract data can be printed or saved electronically using the browser’s print function. Order processing and the transmission of all information necessary for the contract (including order data, T&Cs, and cancellation policy) is carried out via email, some of which may be automated. We do not store the contract text after the contract is concluded.

6. Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “Back” button). You may also cancel the process and restart it at any time.

7. Order processing and the transmission of all necessary contract-related information is carried out via email, partly automated. You must ensure that the email address you provide is accurate and that you can receive emails, especially that spam filters do not block them.

§ 3 Subject of the Contract and Essential Product Features

1. The subject of the contract in our online shop is:

   • The sale of goods. The specific goods offered can be found on the respective product pages.

   • The sale of digital goods (e.g., software or media downloads). Details are on the product pages.

   • The provision of services. The specific services offered are also described on the respective pages.

2. The essential characteristics of the goods, digital products, and services are listed in the product description.

3. For the sale of digital products, any limitations visible in the product description or evident from circumstances (especially regarding required hardware and/or software environments) apply. Unless expressly agreed otherwise, only private and commercial use of the products is allowed, without the right to resell or sublicense.

§ 4 Prices, Shipping Costs, and Delivery

1. The prices listed in each offer, including shipping costs, are total prices and include all components including applicable taxes.

2. The purchase price must be paid in advance before delivery unless we explicitly offer payment by invoice. Available payment methods are indicated in the online shop or respective offer. Unless otherwise noted, payments are due immediately.

3. Additional shipping costs may apply unless the item is marked as shipping-free. These costs are clearly indicated in the offer, cart system, and order overview.

4. All offered products are, unless otherwise stated in the product description, ready for dispatch within one week after receipt of payment.

5. We only deliver to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia.

§ 5 Right of Retention, Retention of Title

1. You may only exercise a right of retention if it concerns claims from the same contractual relationship.

2. The goods remain our property until full payment has been received.

§ 6 Right of Withdrawal

As a consumer, you have the right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

1. Except as provided below, our liability for breach of contract or tort is limited to intent or gross negligence.

2. In cases of slight negligence, we are liable without limitation in case of injury to life, body, or health, or for breach of essential contractual obligations. In such cases, liability is limited to typical, foreseeable damage. Essential contractual obligations are those necessary for fulfilling the purpose of the contract and on which you regularly rely. This includes our duty to provide the agreed service as described in § 3.

§ 8 Contract Language

The contract language is exclusively German or English.

§ 9 Warranty

1. The warranty follows statutory regulations.

2. For entrepreneurs, the warranty period for delivered goods is 12 months.

3. As a consumer, you are requested to check goods, digital products, or services immediately upon fulfillment for completeness, obvious defects, and shipping damage and report any complaints as soon as possible. Not doing so does not affect your statutory warranty rights.

§ 10 Final Provisions / Dispute Resolution

1. German law applies. For consumers, this only applies if it does not remove the protection granted by mandatory provisions of the law of the consumer’s place of residence (principle of favorability).

2. The provisions of the UN Sales Convention do not apply.

3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the provider.

4. The European Commission provides a platform for online dispute resolution (ODR) accessible at: https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute settlement procedures before a consumer arbitration board.