General Terms and Conditions

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Marcel Rüscher, trading as "plutoopictures" (hereinafter "Seller"), apply to all contracts concluded between a consumer or trader (hereinafter "Customer") and the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of digital content, unless otherwise provided for in this respect. Digital content within the meaning of these GTC is data which is produced and supplied in digital form.

1.3 These GTC apply accordingly to contracts for the supply of vouchers, unless expressly provided otherwise in this respect.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

1.5 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve the purpose of enabling the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual shopping cart and having completed the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process ("order with obligation to pay").

2.3 The Seller may accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his or her declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these GTC after the Customer has sent the order. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his or her password-protected customer account by entering the relevant login details, provided that the Customer has created a customer account in the Seller's online shop before sending the order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct his or her entries during the electronic ordering process using the usual keyboard and mouse functions until he or she clicks the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing generally takes place automatically by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address.

3) Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop at the beginning of the ordering process.

4.3 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Shopify may make use of further payment services, for which special payment conditions may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and shipping terms

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the service offered, unless the Seller had given the Customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs of outbound shipping if the Customer effectively exercises his or her right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's instructions on withdrawal applies to the costs of return shipping.

5.3 Collection in person is not possible for logistical reasons.

5.4 Digital content is made available to the Customer as follows:

• by download
• by e-mail

5.5 Vouchers are provided to the Customer as follows:

• by download
• by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of place and time, to use the content provided for private and commercial purposes.

6.2 Insofar as the contract relates to the one-off supply of digital content, the granting of rights only becomes effective once the Customer has paid the remuneration owed in full. The Seller may also provisionally permit use of the content covered by the contract before this point in time. No transfer of rights takes place by virtue of such provisional permission.

7) Retention of title

If the Seller delivers in advance, the Seller retains title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as a trader,

• the Seller has the choice of the primary warranty remedy;
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• for used goods, claims based on defects are excluded;
• the limitation period does not start anew if a replacement (replacement delivery) is made within the scope of liability for defects.

8.2 The limitations of liability and shortened limitation periods set out above do not apply

• to claims for damages and reimbursement of expenses on the part of the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused the defectiveness of that building,
• to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) of the Austrian Commercial Code (UGB), the Customer is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the Austrian Commercial Code (UGB). If the Customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

8.5 If the Customer acts as a consumer, he or she is requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on his or her statutory or contractual claims based on defects.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified promotional period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his or her statutory right of withdrawal.

9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers which can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent crediting is not possible.

10.3 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.4 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.5 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligent in not having knowledge, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

10.6 If the Customer returns the goods paid for in whole or in part with the gift voucher within the scope of his or her statutory right of withdrawal, the credit will in turn be refunded as a gift voucher. If a gift voucher purchased for consideration is returned unused within the scope of the statutory right of withdrawal, the Customer will be refunded the purchase price of that gift voucher.

11) Applicable law

All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his or her habitual residence is not withdrawn.

12) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: 13.09.2026, 18:15:20