General business terms (GBT)
- Conclusion of a contract
- Prices, value added tax and payment
- Supply and passage of the risk
- Revocation instruction
- Obligation to check/adhesion
- Data protection
- Savatori clause
- §1 General
- For all orders concerning the Onlineshop “wernermarkus – media” only the following “general business terms” (GBT) are valid in the current version (01.06.2014).
- The business relation between “wernermarkus – media” and the customer is subject to the right of the Federal Republic of Germany under exclusion of the UN-law.
- Place of delivery is Kassel. Area of jurisdiction is Kassel for both parties as far as the customer is a merchant or a legal entity of the public right or public special estate.
- §2 Conclusion of a contract/retention of title
- In this Onlineshop DVDs produced by Markus Werner are offered. All offers are not-binding.
- A sales contract comes off by placing an order.
- In order to be able to buy DVDs from the Onlineshop, you can register yourselves on the website. You are also able to checkout as a guest. In both cases a valid shipping adress is needed and saved from the electronic shop system. By choosing to register no personal data are stored first. Only with placing an order you are asked for the indication of your address. These data are treated according to the data protection regulations and are not passed on to somebody third.
- The supplied goods remain in the property of wernermarkus – media up to the fulfillment of all demands from the contract regarding § 455 BGB.
- §3 Prices, value added tax and payment
- With the acquisition of a DVD indicated prices are used valid current at the time of order. As an independant filmmaker with a small business I don’t have to pay value added taxes (§19 UST). Delivery costs are specially computed and the customer is charged for. The amount of dispatch and/or packing costs are already communicated to the customer before placing the order on the homepage. Toll charges and VAT have to be paid by the customer.
- The supply of the customer exclusively takes place after receiving the
payment. The customer can select the form of money-transfer. He can choose between money order or payment via Paypal to pay via creditcard as well.
- wernermarkus – media always issues the customer an invoice, which is attached to the supply of the commodity.The customer can further on download a pdf-file from the member zone on the web page if registered.
- The customer will receive an automated confirmation of the order. He is responsible for taking care of receiving this Email properly without being filtered into a SPAM folder.
- §4 Supply and passage of the risk
- The ordered goods are supplied to the address indicated by the customer if no other information is given by contract. The supply will be executed directly from stock.
- Shipping costs are calculated due to table rates.
- A date for the arrival of the shipped goods cannot been given. Exceptionally a date of delivery can be assured by wernermarkus – media. Regularly shipping takes up to 4 weeks.
- The danger of coincidental fall and the coincidental degradation of the commodity passes onto the customer with the delivery to the carrier. In case of an insured
shipping the danger of the coincidental fall or damage passes on to the carrier or the person intended for the execution of dispatching.
- If an article is not available at short notice, wernermarkus – media reserves the right for subsequent delivery. No further costs arise for the customer.
- §5 Revocation instruction
- A right of revocation does not exist for supplies of audio or video recordings (e.g. CD, DVDs, video home system video) or CD-ROM if they have opened the sealed packing (cellophane foil).
Right of revocation:
A customer who is consumer can cancel his contract explanation within two weeks without indication of reasons in text form (e.g. Letter, fax, email) or via phone. The Revocation period begins after receiving this instruction in text form, however not before delivery. To preserve the right of revocation, one simply has to announce the revocation using the word “Revocation”.
The revocation should be send to:
wernermarkus – media
Phone: +49 561 2027 1007
- Revocation consequences:
In case of an effective revocation both sides have to return received achievements and interest. If a customer cannot refund the received achievement totally or partly or only in worsened condition, wernermarkus – media is allowed to ask for indemnification according to value. Things which have been already shipped have to be sent back in a package capable of preventing damage. The customer has to bear all
costs of the return. He is responsible for the arrival of the commodity.
- Unfree returns are not accepted
by wernermarkus – media and will be send immediatly back to the customer!
- §6 Obligation to check/adhesion
- For handling and application errors wernermarkus – media assumes no liability.
The customer has to examine the characteristics for the considered use. A specification of the article is found in the catalog of the Onlineshop. There is no warranty when a costumer orders a product with characteristics which he cannot apply later.
- If goods with obvious damage to the package or to the content are delivered, then the customer should lodge a complaint againgst the carrier or freight service. He should also inform wernermarkus – media immediately, so that any rights are met. Please use the email service under: firstname.lastname@example.org or write by mail or by fax (under §5.2. address or fax number
- wernermarkus – media assumes no further liability concerning the inappropriate use of the commodity.
- §7 Data protection
- The customer is informed and agrees in the fact that the
personal data necessary for the completion of the order are stored by wernermarkus – media on data media. The customer also agrees to the collection, processing and the use of its personal data. The
stored personal data are confidentially treated by wernermarkus – media. The collection, processing and use of the personal data of the customer take place in order of the Federal Law for Data Protection (BDSG) and the “Telemediengesetz” (TMG).
- The costumer is entitled to withdraw a given consent at any
time with effect for the future. In this case wernermarkus – media is obligated to the immediate deletion of the personal data of the customer. With current order procedures the deletion takes place after conclusion of the order procedure.
§8 Savatori clause
- If single regulations of these general business terms
become ineffective, then thereby the effectiveness of the other regulations is not affected. With an inefficacy of a single regulation the contracting parties strive to achieve a new agreement with best economical outcome for both sides.
(c) GTB – 01.06.2014
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.