Terms of payment & general terms and conditions of the DVD shop
Terms of payment
The films in our shop can be purchased as a DVD against prepayment by bank transfer. Please state the short title of the film and your full address in the reference field and we will send you the film by post. All prices include 7% VAT (incl. postage in Germany, abroad 4 € surcharge).
Bank details
Filmwerkstatt Münster e.V.
Sparkasse Münsterland Ost
CNr: 7007578
SORT CODE: 40050150
For international transfers
IBAN: DE 46 4005 0150 0007 0075 78
SWIFT-BIC: WE LADE D1 MST
General Terms and Conditions of the DVD shop
BUYER
1 General information
a) Scope of application
These General Terms and Conditions apply to all business relationships between Filmwerkstatt Münster e.V., Gartenstraße 123 in 48147 Münster, represented by its managing director: Mr Daniel Huhn (hereinafter referred to as the “Production Facility”) and the customer in the version valid at the time the contract is concluded. Any conflicting general terms and conditions of the customer are hereby expressly rejected.
b) Contractual agreement
The contract language is German.
c) Subsequent amendment of the terms and conditions
The Production Facility shall be authorised to subsequently amend and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law so require or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment to the terms and conditions shall become effective if the customer does not object within six weeks of notification of the amendment. At the beginning of the period, the Production Facility shall expressly draw the Customer’s attention to the effect of his silence as acceptance of the amendment to the contract and give him the opportunity to make an express declaration during the period. If the customer objects in due time, both the production site and the customer may terminate the contractual relationship extraordinarily.
2 Conclusion of contract
a) Conclusion of contract via website
The presentation of the product range on the website of Filmwerkstatt Münster e.V. is subject to change and non-binding. The ordering process via this website consists of a total of three steps. In the first step, the customer selects the desired goods. In the second step, the customer enters their details, including the billing address and, if applicable, a different delivery address. In the third step, the customer has the opportunity to check all details (e.g. name, address, payment method) once again and correct any input errors before confirming their order by clicking on the “Order with obligation to pay” button. By placing an order, the customer makes a binding contractual offer. Filmwerkstatt Münster e.V. will confirm receipt of the customer’s order. The confirmation of receipt does not constitute a binding acceptance of the order. The production centre is entitled to accept the contractual offer contained in the order within 14 days of receipt of the order by e-mail, fax, telephone, post or by sending the goods. Upon acceptance, a contract is concluded between the production site and the customer.
c) Reservation of non-acceptance
Filmwerkstatt Münster e.V. reserves the right to refuse orders received, in particular if it becomes known or suspected during the ordering process that the goods infringe the rights of third parties or statutory regulations.
d) Storage of the contract text
The text of the contract is stored by Filmwerkstatt Münster e.V. and sent to the customer in text form (e.g. e-mail, fax or post) after the customer has sent his order together with these General Terms and Conditions and customer information. The text of the contract can no longer be retrieved by the customer via the seller’s website after the order has been sent. The customer can print out the relevant website with the contract text using the browser’s print function.
3 Delivery
a) Partial deliveries
Filmwerkstatt Münster e.V. is authorised to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, however, the customer will not incur any additional shipping costs.
b) Delays in delivery and performance
Filmwerkstatt Münster e.V. is not responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by Filmwerkstatt Münster e.V. even with the utmost care (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite a covering transaction to this effect). They authorise Filmwerkstatt Münster e.V. to postpone the delivery for the duration of the impeding event.
c) Resignation
In the event of non-availability for the aforementioned reasons, Filmwerkstatt Münster e.V. may withdraw from the contract. Filmwerkstatt Münster e.V. undertakes to inform the customer of the unavailability and to reimburse any payments already made without delay.
d) Default of acceptance
If the customer is in default of acceptance of the ordered goods, Filmwerkstatt Münster e.V. is entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for delay or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration.
e) Performance time
Unless expressly agreed otherwise, delivery by Filmwerkstatt Münster e.V. shall take place within four weeks. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank or, in the case of purchase on account, on the day after the contract is concluded. The period ends at the end of the fourth week. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised at the place of delivery, the period shall end on the next working day.
4 Payment
a) Prices and shipping costs
All prices are inclusive of VAT. Shipping costs are shown separately.
b) Payment methods
The customer can choose between the following payment methods: Prepayment, purchase on account (only on request)
Additional fees apply in the following cases:
Acceptance of the parcel is refused
The goods are not collected from the post office within 7 working days despite notification by the shipping service provider
The recipient cannot be identified
Germany-wide 4,99 €
Europe-wide 5,99 €
c) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the customer’s obligation.
5 Cancellation policy for consumers in distance selling contracts
Right of cancellation / Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of cancellation, you must contact us at
Filmwerkstatt Münster e.V.
Gartenstraße 123
D-48147 Münster
E-mail info(at)filmwerkstatt-muenster.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion of the right of cancellation
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
6 Retention of title
The delivered goods remain the property of Filmwerkstatt Münster e.V. until the purchase price has been paid in full. The customer must treat the goods subject to simple retention of title with care at all times. The customer assigns to Filmwerkstatt Münster e.V. any claim or compensation he receives for damage, destruction or loss of the delivered goods. If the customer acts in breach of contract, in particular in case of default of payment, Filmwerkstatt Münster e.V. is entitled to take back the purchased goods. This taking back of the purchased goods constitutes a cancellation of the contract.
7 Warranty
a) Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim.
b) Transfer of risk
The risk of accidental loss or deterioration of the goods sold shall only pass to the customer when the goods are handed over.
c) Communication
If the customer realises that the outer packaging has arrived damaged or notices damage after receipt of the goods, Filmwerkstatt Münster e.V. asks the customer to report this. However, there is no obligation to make such a notification, nor are the consumer’s warranty rights affected by a failure to notify.
d) Subsequent fulfilment
If the goods are defective, the customer may demand either subsequent fulfilment in the form of rectification or subsequent delivery. If defects are not remedied even after two attempts at rectification, the customer shall be entitled to cancellation or reduction.
e) Rights in the event of minor defects
In the event of an insignificant defect, the customer shall only be entitled to a reasonable reduction in the purchase price, excluding the right of cancellation.
f) Compensation for defects
No warranty is given for damage caused by improper handling or use of the goods. The production site shall only pay compensation for defects in the goods in the event of wilful intent or gross negligence. This exclusion does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by the exclusion of liability.
8 Technical and design deviations
With regard to the descriptions and information in brochures, catalogues and other documents of Filmwerkstatt Münster e.V., there may be technical or design deviations (e.g. colour, weight, dimensions, design, etc.), insofar as these changes are reasonable for the customer. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes.
9 Liability
a) Exclusion of liability
Filmwerkstatt Münster e.V. and its legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable, direct average damage typical of the contract.
In the event of a grossly negligent breach of non-essential contractual obligations, Filmwerkstatt Münster e.V. shall only be liable to entrepreneurs in the amount of the foreseeable, contract-typical, direct average damage.
b) Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by the exclusion of liability.
10 Final provisions
a) Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Filmwerkstatt Münster e.V. in Münster, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.
b) Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under the customer’s home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
d) Alternative dispute resolution (B2C)
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/
Filmwerkstatt Münster
Gartenstraße 123
48147 Münster
Management: Daniel Huhn, Steffi Köhler
phone +49 251 230 36 21
fax +49 251 230 36 09
info(at)filmwerkstatt-muenster.de
www.filmwerkstatt-muenster.de
Sponsor
Filmwerkstatt Münster e.V.
Board of Directors: Kathrin Hartmann, Anna Schlottbohm, Jan Enste, Stefan Kreis, Winfried Bettmer
Münster Local Court, Register of Associations No. 2441
Value added tax ID: DE 161 588 713
V.i.S.d.P. / Responsibility for content according to § 5 TMG:
Daniel Huhn, Steffi Köhler (address as above)