General Terms and Conditions1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A Consumer is any natural person who enters into a legal transaction for purposes which can not be attributed primarily to his/her commercial or self-employed occupation. An Entrepreneur is a natural or legal person who is acting in the exercise of his/her commercial or independent professional activity when a legal transaction is concluded.
These terms and conditions also apply to future business relations with entrepreneurs, without having to make any further reference to them. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, its validity is hereby contradicted; They will only become part of the contract if we have expressly consented to it.
2. Contracting party, conclusion of contract
The purchase contract is concluded by Prisma Filmschnik GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. Prior to starting the ordering process, you can place products into the shopping cart without any obligation to buy them. Once you choose to start the order process, you can at any time add and correct your entries by following the instructions throughout the order process. The order process is finished, once you press the order button and thereby send your binding order to our system. By clicking the order button, you place a binding order of the goods contained in the shopping basket. The receipt of your order will be confirmed by e-mail immediately after submitting the order.
When the contract is concluded with us depends on the type of payment chosen by you:
Customers with an Account and credit line
We accept your order by sending an acceptance declaration in separate e-mail or by delivery of the goods.
Payment in advance
We will e-mail you a confirmation receipt of the order which includes our banking details. The order is accepted with the shipping of the products. If for any reason you do not pay the purchased products within 10 days of placing the order, we will cancel the order.
As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online PayPal provider. There you can specify your payment data and confirm payment instructions to PayPal. The contract will be accepted with the dispatch of the goods.
3. Contract language, contract renewal
The languages available for the contract are German and English.
We store the contract text and send you the order data and our general terms and conditions by e-mail. You can also view the terms and conditions on this page at any time. Your past orders are no longer accessible on the Internet for security reasons.
4. Terms of delivery
In addition to the indicated product prices, shipping costs are added, depending on the order value. You can find out more about the amount of shipping costs in the offers and the shipping site.
We deliver only by mail. Unfortunately, a self-collection of the product is not possible.
We do not deliver to DHL packing stations.
The following payment methods are available in our shop:
Payment in advance
If you choose the payment method payment in advance we will call you our bank account in separate e-mail and deliver the goods after we received your payment.
As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of PayPal. There you can specify your payment data, confirm the use of your data by PayPal and payment instructions to PayPal.
If you have selected the PayPal payment method, you must be registered and authenticate with your access data in order to be able to pay the invoice amount. The payment transaction is automatically and immediately executed by PayPal after confirmation of payment instructions. You'll get more information during the ordering process.
If you have chosen the payment type credit card, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately upon confirmation of the payment instructions and after your legitimation as a legitimate cardholder at the request of PayPal and your card will be debited. You'll get more information during the ordering process.
If you have selected the payment method direct debit, you do not need to be registered with PayPal in order to pay the invoice amount. With the confirmation of the payment instructions, you issue PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (Prenotification). Under the submission of the direct debit mandate immediately after confirmation of the payment instructions, PayPal requests the bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You'll get more information during the ordering process.
Purchase on invoice
Purchase on invoice can be arranged on an individual basis and is available to selected business customers.
6. Proprietary reservation
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until full settlement of all claims arising from a current business contract. You may resell the reserved goods in ordinary business; You transfer all claims (in the amount of the invoice) and payments resulting from this resale to us, irrespective of the connection or mixing of the reserved goods with a new item and we accept this assignment. You remain authorised to collect the receivables, but we may also collect the transferred claims ourselves, assuming that you fail to meet your payment obligations.
7. Transportation damage
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your legal claims and their enforcement, in particular, your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply with the advertisement provided there, the goods shall be deemed to be approved unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed in the following, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the right of recourse pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents. Information about any applicable additional warranties and their exact terms can be found on the product pages and on special information pages in the online shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents:
- In case of injury to life, body or health,
- In case of intentional or grossly negligent breach of duty,
- In case of warranty, as agreed, or
- As long as the scope of the Product Liability Act is in force.
In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper implementation of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability and damage that is typically expected to occur.
Furthermore, claims for damages are excluded. PRISMA Filmtechnik GmbH is liable to both consumers and entrepreneurs for their contractual obligations only with intent or gross negligence.
10. Dispute Resolution
The European Commission is providing an online dispute resolution platform (OS), which can be found here http://ec.europa.eu/consumers/odr/.
We are ready to take part in an extrajudicial conciliation procedure before a consumer sacking center.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business.
12. Applicable law Only German law applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to a consumer only insofar as no compulsory statutory provisions of the state in which he is domiciled or habitually reside are restricted.
GTC is, in part, created with the Trusted Shops Rechtstexter in cooperation with Wildebeuger Solmecke Rechtsanwälte.