Terms of Service
- Subject matter and conclusion of the contract
- Right of revocation for consumers
- Prices, shipping costs, payment
- Delivery, delivery times, transfer of risk
- Reservation of title, set-off, retention
- Warranty; Notification of defects
- Place of jurisdiction, applicable law, data protection
- Severability clause
The 42film GmbH (following named “42film“) provides all deliveries and services exclusively on the basis of the following terms and conditions.
The contract is concluded with 42film as seller. Managing Directors: Christoph Kukula, Eike Goreczka Geiststraße 49 06108 Halle (Saale), Germany, Tel.: 0049 (0345) – 47 81 848 Fax: 0049 (0345) – 47 81 849 E-Mail: firstname.lastname@example.org USt-ID: DE 250 359 696
3. Subject matter and conclusion of the contract
3.1. The subject of the contract is the sale of goods (DVD). The details, in particular the essential characteristics of the goods can be found in the article description on the respective product pages and the additional information on the www.42film.de and subdomains retrievable websites.
3.2. Our offers are a non-binding invitation to the customer to order goods in the online shop. The customer can submit a binding purchase offer (order) via the online shopping cart system. For this purpose, the requested invoice and delivery information of the customer are entered on the product page of the goods intended for purchase under the tab “Order here”. The customer can leave the site at any time during the ordering process, make changes there or cancel the order in which he makes no further entries.
3.3. On the respective product page it is possible to order 1 DVD or 1 DVD box by using the order form. If the customer would like to order a different quantity or additional DVDs, he has the option to use the PDF form provided via the provided link, which allows the selection of several films with different quantities. The completed form will then be sent by e-mail to email@example.com and hereby trigger a binding, payable order.
3.5. By clicking on the button “Zahlungspflichtig bestellen” in the order form, the customer makes a binding offer to conclude a purchase contract. After receiving the order, the customer will immediately receive an email confirming receipt of the order. This does not represent a declaration of acceptance on our part and therefore does not lead to the conclusion of the contract.
3.6. 42film is entitled to accept the purchase offer of the customer within 5 working days after receipt of the order. The acceptance takes place either in writing (for example, by order confirmation by email) or by delivery of the goods to the customer and sending an email confirming the shipment (shipping confirmation).
4. Right of revocation for consumers
The customer is entitled to a right of withdrawal in a distance contract. If the customer is an entrepreneur (§ 14 BGB) and acts at the conclusion of the contract in the exercise of his commercial or independent activity, there is no right of withdrawal.
BEGINNING OF THE CANCELLATION INFORMATION
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must contact us (42film GmbH, Geiststraße 49, 06108 Halle (Saale), Germany, phone number: +49 (0) 345 47 81 848; fax number: +49 (0) 345 47 81 849; e-mail address: firstname.lastname@example.org) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal: If you withdraw from this contract, we will have to return you all the payments we have received from you, including delivery charges (except for the additional costs arising from your having a different type of delivery than that offered by us, favorable standard delivery), immediately and no later than fourteen days from the date on which the notice of your withdrawal of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You will bear the immediate costs of returning the goods, unless there is a defect that was not caused by the consumer. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
END OF THE CANCELLATION INFORMATION
Exclusion of the right of withdrawal: The right of withdrawal does not apply to contracts: – to deliver DVDs in a sealed package, if the seal has been removed after delivery.
5. Prices, shipping costs, payment
5.1. The prices quoted on the product pages are gross prices including applicable statutory value added tax.
5.2. The national shipping costs are included in the accounted product price. The amount of the shipping costs, depending on the DVD or DVD Box are listed under the button “Shipping costs”. We only ship to the countries listed there. In addition, the shipping costs incurred for the specific order will be shown separately prior to completion of the order during the ordering process.
5.3. Shipping is only possible within Germany and upon request in the EU-foreign countries.
5.4. If shipping outside the EU is offered, it should be noted that additional customs duties, taxes and fees may be incurred by the customer and paid to the appropriate customs or tax authorities. Please ask the details before ordering at the relevant customs or tax office.
5.5. Payments are made after accounting. The data required for payment will be communicated to you upon order.
6. Delivery, delivery times, transfer of risk
6.1. Deliveries are made ex warehouse (place of performance). Unless otherwise agreed, we are entitled to determine the mode of shipment, in particular the carrier and the mode of shipment.
6.2. Delivery times are usually 1-6 working days.
6.3. As soon as we realize that delivery times can not be met for reasons for which we are not responsible, we will inform the customer without delay and notify him of the anticipated new delivery period. If, for reasons for which we are not responsible, the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. Any payments already made by the customer will be reimbursed immediately. This shall not affect our statutory rights of rescission and termination as well as the statutory provisions governing the execution of contracts with the Obligations Committee. Furthermore, the customer’s statutory right of withdrawal and termination remain unaffected, in particular his right to withdraw from the contract after expiry of a reasonable period of grace.
7. Reservation of title, set-off, retention
42film retains ownership of the delivered goods until the complete fulfillment of all present and future claims under the respective contract. If the customer is an entrepreneur, 42film retains ownership of the delivered goods until the complete fulfillment of all present and future claims under the respective contract and an ongoing business relationship.
8. Warranty, Notification of defects
8.1. In the case of material and legal defects and other breaches of duty, the statutory provisions apply, as far as and unless otherwise specified below. In any case, the statutory provisions remain unaffected on final delivery of the goods to a consumer (§§ 478, 479 BGB).
8.2. If the customer is an entrepreneur, the assertion of claims for defects presupposes compliance with the commercial inspection and notification of defects (§§ 377, 381 BGB), whereby the customer is obliged to report any defects in written form. A notification of defects shall be deemed to be without delay if it takes place within 14 days, whereby the timely dispatch is sufficient. Regardless of the commercial inspection and defect notification obligation, obvious defects are to be reported within 14 days from delivery, whereby the timely dispatch is also sufficient here. Liability for defects that are not indicated or not indicated in time is excluded.
8.3. In case of a defect, we are obligated to supplementary performance acc. to legal requirements.
8.4. If the customer is an entrepreneur, 42film will bear the costs incurred for the purpose of testing and repair only if it turns out that there was actually a defect; otherwise the customer bears these costs. The obligation of the customer to pay damages for unjustified remedy of defects remains unaffected.
9.1 42film is liable for damages, for whatever legal reason, only in cases of intent and gross negligence. In the case of simple negligence, we shall be liable only for damages for injury to life, body or health and for breach of an obligation the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and relies (so-called cardinal obligation or essential contractual obligation); in the latter case, the liability is limited to the contractually typical, foreseeable damage.
9.2 The above limitations of liability shall not apply in the case of fraudulent concealment of a defect or the assumption of a guarantee for the quality of the goods by us or insofar as claims under the Product Liability Act are affected.
9.3 Due to a breach of duty that is not based on a defect, the customer can only resign or terminate if 42film is responsible for the breach of duty. Incidentally, the legal requirements and legal consequences apply.
10.1 If the customer is an entrepreneur, the general limitation period for claims for defects in deviation from § 438 para. 1 no. 3 BGB is 1 year from delivery. The period of limitation for remunerated claims of third parties is governed by the statutory provisions (§ 438 para. 1 no. 1 BGB). The statutory provisions regarding the statute of limitations for malfeasance (§ 438 para. 3 BGB) and for supplier recourse claims (§ 479 BGB) remain unaffected.
10.2 The (above) sales law limitation periods shall also apply to contractual and non-contractual claims for damages of the customer, which are based on a defect of the delivered goods, unless the application of the regular statutory limitation periods (§§ 195, 199 BGB) results in individual cases to a shorter limitation period.
10.3 For claims under the Product Liability Act, the limitation periods according to the Product Liability Act always apply. Otherwise, only the statutory limitation periods apply to claims for damages of the customer.
11. Place of jurisdiction, applicable law, data protection
11.1. If the customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the respective contract is the headquarters of 42film – also international. However, we are also entitled to bring an action at the place of performance. If the customer is a consumer, the place of jurisdiction follows the legal regulations.
11.2. If the customer is an entrepreneur, German law applies to the exclusion of all international and supranational (contract) legal systems, in particular the UN sales law. If the customer is a consumer, the applicable law is governed by the law.
11.3. The security and confidentiality of your personal information is our top priority. To protect your data, we therefore use only the most modern security standards. Detailed information about the nature and extent of the collection, storage and use of your personal data is available under the “Privacy” button.
12. Severability clause
If one of the above provisions is wholly or partially invalid due to legal provisions, regulations or changes in the law, all other provisions remain unaffected and continue to apply in their entirety.
42film GmbH, Halle (Saale), 15.08.2019