Reimbursement for defects in the photo business
I have submitted 1142 photographic negatives to a small photo shop for printing. Although I found the price per print of 0.35 EUR to be too high, the owner convinced me with the services, stating that all images that one does not like could be returned for a refund and that the quality, unlike in large photo labs, was of first-class quality. These arguments convinced me and under these conditions, I placed the order for the prints.
However, when I received the prints, it turned out that the quality of the images was very poor. The images were too dark, too bright, mirrored, and had color casts. 644 of the total 1142 images were unacceptable. It was particularly frustrating that two strips of negatives were missing. When I tried to return the poor quality images, the shop refused, stating that they could only refund a few images, but not so many. They offered to give the lab a chance to make improvements, but could not guarantee if the lab would be willing to do so. Since I did not want to spend hours resorting the many images for new prints, and I had lost trust in this lab as they had lost two strips of my negatives, I declined this offer. Specifically, I referred to the shop's statement that I could return all images I did not like for a refund.
The shop owners have since refused to engage in a resolution with me. Therefore, I have sent my request for a refund in writing to the shop. In a written response, I was informed that they had only mentioned refunding "a few" images and were only willing to make improvements, and that my loss of trust in the lab would not matter. They also explained that improvements would only be made "if at all possible," meaning there was no guarantee of improvement by the lab. Additionally, I was advised that images would only be taken back in the case of a so-called "first development," which I could have seen in the store's well-displayed business terms (these terms are still unknown to me to this day). If I did not submit my complained images for improvement within 10 days, the matter would be considered closed.
I still want my money back and do not want a rework. My spouse can also attest to the promises made by the shop. My questions now are:
1. Is the agreement for image return as a verbal contractual basis legally binding and therefore legally enforceable?
2. What legal significance do the business terms of the photo shop, which I am not aware of, have?
3. Do I have to allow the photo shop and its lab to make improvements?
4. The statement that I could return all images that I do not like is a very subjective assessment. Can I assume that I can make such a selection at my own discretion?
5. Would my spouse be permissible as a witness to testify to the original promise regarding image return?
6. Can the written admission by the shop that they had only
