1. General:
Before using the www.meridianpresets.com website,
operated by
Meridian Presets
Lukas Piatek Photography (hereinafter referred to as “Meridian Presets“)
Im Pinntal 58
46240 Bottrop
Germany
please read these Terms & Conditions carefully.
This website offers digital content (hereinafter referred to as “Products“) like Lightroom and Camera Raw presets, which are licensed and/or created by Meridian Presets for sale on www.meridianpresets.com
Your access to and use of www.meridianpresets.com is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. The present general conditions of sale apply to our products. Other general terms and conditions of business (e.g. customer’s terms & conditions of purchase) are not valid.
If the customer is an entrepreneur, a legal person under public law or a special fund under public law, then our general conditions of sale also apply for future transactions even if it is not explicitly agreed upon again.
By accessing or using www.meridianpresets.com you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Products on www.meridianpresets.com.
2. Conditions of Sale
If you complete the purchase in our shop (www.meridianpresets.com/shop) as a consumer (§ 13 BGB), please note the following law:
§ 356 BGB – Right of withdrawal in off-premises contracts and distance contracts
(1) The trader may provide the consumer with the opportunity to complete and transmit the model withdrawal form pursuant to schedule 2 to Article 246a section 1 (2) sentence 1 number 1 of the Introductory Act to the Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuche], or some other unambiguous declaration of withdrawal, on the trader’s website. Where the consumer avails himself of this opportunity, the trader must confirm receipt of the withdrawal to the consumer without undue delay on a durable medium.
(2) The withdrawal period commences
1. in the case of a sale of consumer goods
a) that is not governed by letters b to d as soon as the consumer or a third party named by the consumer,
such third party not being a carrier has received the goods,
b) in the context of which the consumer has ordered several goods as part of a
single order and the goods are delivered separately, as soon as the consumer or
a third party named by the consumer, such third party not being a carrier, has
received the last of the goods,
c) in the context of which the goods are delivered in several partial shipments or
items, as soon as the consumer or a third party named by the consumer,
such third party not being a carrier has received the last partial shipment or the last item,
d) that is directed towards the regular delivery of goods over a specified period of
time, as soon as the consumer or a third party named by the consumer, such
third party not being a carrier has received the first goods,
2. in the case of a contract that has as its subject matter the supply of water, gas,
electricity, district heating or digital content which is not contained in a tangible
medium, without the supply having been offered for sale in a limited volume or set
quantity, upon conclusion of the contract.
(3) The withdrawal period does not commence prior to the trader having informed the consumer in accordance with the requirements of Article 246a section 1 (2) sentence 1 number 1 or of Article 246b section 2 (1) of the Introductory Act to the Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuche]. The right of withdrawal expires at the latest twelve months and fourteen days following the point in time set out in subsection (2) or section 355 (2) sentence 2. Sentence 2 does not apply to contracts relating to financial services.
(4) In the case of a contract for the provision of services, the right of withdrawal expires also in those cases in which the trader has completely provided the service and began with the performance of the service only after the consumer had given his express consent thereto and concurrently acknowledged that he would lose the right to withdraw from the contract once the trader has fully performed the contract. In the case of a contract relating to the provision of financial services, the right of withdrawal expires, in derogation from sentence 1, if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercises his right of withdrawal.
(5) In the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires also if the trader began with the performance of the contract after the consumer
1. had expressly consented to the trader beginning with the performance of the contract
prior to expiry of the withdrawal period, and
2. had acknowledged that by his consent, he would lose the right to withdraw from the
contract upon the performance of the contract having commenced.
https://www.gesetze-im-internet.de/englisch_bgb/index.html#gl_p1304
PLEASE NOTE: By buying this product I agree to the above-mentioned Conditions of Sale and the whole listed Terms and Condition. Furthermore, I explicitly agree to the execution of the contract before the expiry of the revocation period. I have acknowledged that my right of withdrawal expires when the contract is executed.
All sales are final.
3. Prices
The prices displayed on www.meridianpresets.com at the time of ordering are applicable to the goods on offer, as well as their shipment. The prices mentioned are the end consumer prices, including the legal VAT, wherever such a tax is incurred.
4. Conclusion of the contract
Our product descriptions do not represent a binding offer.
After entering your personal data, verifying the accuracy of the information that you have provided, accepting the Terms & Conditions and confirming with the button to pay with PayPal or Stripe is the final step of the ordering process and you give a binding purchase offer for the goods in your basket. When your order has been successfully sent to us, you will receive an e-mail in which the receipt of the order will be confirmed, and all necessary information about the order, as well as the ordered goods, will be provided. This confirmation email does not represent a binding acceptance of the order by us. The confirmation email only represents an acceptance of your order if this is explicitly stated by us. However, a conclusion of the contract and with it, a contractual commitment regarding the individual services enters into force if we explicitly accept your purchase offer by means of an order confirmation or through conclusive action, in particular through dispatch of the download link. You are bound by its offer for a duration of 2 working days.
You can cancel your order at any time by pressing the Cancel or Back buttons, as well as by closing the browser window. The overview page that appears before the completion of the order allows you to check your information for any errors and, if there are any, to correct them using the Back button. The conclusion of the contract is available in English only. The content of the contract will be stored by us and sent to you with your confirmation email. A copy can also be sent to you in writing upon request if your documents are lost.
5. Terms of payment, shipping, delivery times and retention of title
(1) Subject to any differing regulations in individual cases, the following applies for payment and shipping:
a) You can pay in advance by PayPal.
b) We sent the download link to access the ordered digital content to the customer within
14 days following the conclusion of the contract, but at the earliest after receipt of
payment. If the last day of the deadline is on a Saturday, Sunday or an officially-recognized
bank holiday in the delivery location, then such a day shall be replaced by the next
working day. In general, we only ship within the European Union. In individual cases, if you
want the goods to be sent to a country outside of the European Union, then you are
responsible for the proper import customs clearance and shall bear the costs. The terms
of payment, delivery time and shipping can vary from the preceding paragraphs in the
specific product description. In this case, the provisions listed on our internet pages are
applicable.
(2) If you fall behind with your payment and are buying as a consumer (§13 BGB), then you are obliged to pay us interest on late payments to the amount of 5 percentage points above the base rate, unless we are able to prove greater damage. If you are acting as an entrepreneur, then Clause 1 applies and the interest paid for late payment shall be 9 percentage points above the base rate.
(3) If we have entered into a contract with our supplier for the supply of the goods because of your order and our supplier does not fulfill their obligations from the covering transaction, then we can withdraw from the purchase contract by issuing a declaration to you. In the case of Clause 1, we will immediately notify you of the unavailability and immediately reimburse to you any payments already made or any other considerations on your side.
6. Warranty rights
(1) If any faults with the goods occur during the legal warranty period, you are obliged to notify us accordingly.
a. Liability based on intent or on warranty remains unlimited.
b. In the case of gross negligence, we shall be liable towards the entrepreneur to the amount of the typical and foreseeable damages present when the contract is concluded, provided that it is not a material obligation, whose fulfillment enabled the proper execution of the contract in the first place and on whose fulfillment you may normally rely upon (so-called major obligation). Towards consumers, we are unlimitedly liable for gross negligence.
c. In addition, if we negligently violate a major obligation then we shall only be liable for the typically foreseeable damages at the conclusion of the contract.
d. If there is a delay in our services then we shall also be liable for coincidence, unless the damages would also occur with a timely provision of services.
e. Moreover, liability by us for simple negligence is excluded.
(2) We reserve the right to claim for joint negligence. You have the obligation to carry out data backup depending on the current state of the technology.
(3) In cases where our liability is excluded or restricted, this is also applicable to the personal liability of our employees, representatives and vicarious agents.
(4) The previous paragraphs of § 8 (Liability clause) do not apply in the event of loss of life, physical injury or damage to health and do not apply to claims under the German Product Liability Act.
7. Data Protection
Please visit our Privacy Policy site – („Purpose of Registering“)
8. Governing law, § 36 Consumer Dispute Settlement Act (VSBG)
(1) The laws of the Federal German Republic shall be applicable excluding the regulations of the CISG [United Nations Convention on Contracts for the International Sale of Goods]. For consumers (§ 13 BGB) that have ordered from another European Union member state or from another country that is a member of the European Economic Area, this choice of law only applies provided that the granted protection is not withdrawn through the mandatory legal provisions of the state in which the consumer is habitually resident.
(2) The seller/contractor will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. Due to a legal obligation, regardless of our participation in an Alternative Dispute Resolution (ADR) process, we must inform you that the European Commission has set up an Online Dispute Resolution (OS) platform for the out-of-court dispute resolution of consumer disputes. It can be accessed here:
https://ec.europa.eu/consumers/odr/main
Meridian Presets will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. and place of jurisdiction
(3) The place of fulfillment and place of jurisdiction for all disputes arising from and in connection with this contract is Bottrop, Germany, for all contracts with merchants, legal persons under public law or special funds under public law.
Date of publication: January 2018
Updated: March 2021
