PRIVACY POLICY
Anonymized data capture
We are very happy that you are visiting our shop and are interested in our company, our products, and our webpages. It is very important to us to protect your privacy while you are using our website. We would therefore like to ask you to acknowledge the following information:
1. Capture, processing and use of personal data
You can generally visit our website without having any of your personal information captured by us. Personal data will only be captured if you transmit them to us willingly for the conclusion of a contract, for the creation of a customer account or within the scope of contacting us. The data you provide will then be used for contract processing, the creation of your personal customer account or for the processing of your queries and requests without requesting your express permission. Your information will be stored in compliance with tax and commercial law stipulations for the required retention period after completion of a contract and payment in full of your purchased goods, and will be deleted once the retention period has elapsed.
2. Dissemination of personal information
2.1 Order processing
The personal data we collect will be forwarded to the carrier company commissioned for the delivery as part of order processing to the extent required for shipping.
Your payment information will be forwarded to the relevant financial provider within the scope of payment processing and to the extent required for payment processing.
- Where the delivery of the goods is handled by the carrier DHL (Deutsche Post AG, Charles-de-Gaulle-Strasse 20, 53113 Bonn), your email address will be forwarded ahead of delivery for the purpose of setting a delivery date and time, provided you have given your express permission as follows:
“I agree to have my email address forwarded to DHL (Deutsche Post AG, Charles-de-Gaulle-Strasse 20, 53113 Bonn) to allow DHL to contact me ahead of delivery via email to agree on a delivery date and time. I can rescind my permission to you in this respect at any time.”
Without your above permission, we will only forward the delivery name and delivery address to DHL. In that case it will not be possible to agree on a specific delivery date and time with DHL.
- Where the delivery of the goods is handled by the carrier UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Strasse 1, 41460 Neuss), we will forward your email
address ahead of delivery for the purpose of setting a delivery date and time to UPS,
provided you have given your express permission as follows:
“I agree to have my email address forwarded to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Strasse 1, 41460 Neuss) to allow UPS to contact me ahead of delivery via email to agree on a delivery date and time or to contact me with status information regarding the delivery. I can rescind my permission to you in this respect at any time.”
Without your above permission, we will only forward the delivery name and delivery address to UPS. In that case it will not be possible to agree on a specific delivery date and time with UPS, and UPS will not be able to contact you with status information regarding the delivery.
3. Cookies
We utilize cookies on various webpages to make your visit to our website enjoyable and to offer a variety of functions. Cookies are small text files that are stored on your end device. Some of the cookies we use will be deleted at the end of your browser session (session cookies), i.e. when you close you browser. Other cookies will remain on your machine and will allow us and our partner companies to recognize your browser when you visit our pages again (persistent cookies). You can configure your browser to be informed of the arrival of cookies to decide individually, whether or not to accept them, or you can create a rule regarding the acceptance of cookies in specific cases or you can decide to reject all cookies. A rejection of cookies may result in an infringement of the functionality of our website.
4. Use of Google Analytics
This website utilizes Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics utilizes so-called “cookies”, text files, which are stored on your computer to allow an analysis of your use of the website. The information generated by a cookie about your use of this website will generally be forwarded to a Google server in the US and stored there.
An activation of IP anonymization on this website will truncate your IP address originating from within the European Union or member states of the European Economic Community prior to its transmission. The full IP address will only be transmitted to a Google server in the US in special cases, and will be truncated there. Google will utilize the transmitted information commissioned by this website to analyze your use of this website, to collate reports about website activities, and to provide other services for the website operator in connection with website and internet utilization.
The IP address forwarded by your browser within the scope of Google Analytics will not be collated with other Google data. You can prevent the storage of cookies with a relevant browser software setting; this may, however, result in possible unavailability of specific functions of this website. You can furthermore prevent the capture of data generated by the cookie and the forwarding to Google of any information related to your utilization of this website (including your IP address), as well as the processing of that data by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=en
Please note that this website utilizes Google Analytics with the add-on “_anonymizeIp()”, which means that IP addresses will always be truncated before further processing to preclude any direct reference to a specific individual.
5. Use of Google AdWords conversion tracking
This website utilizes the online marketing service Google AdWords and the conversion tracking service within the scope of Google AdWords. The cookie for conversion tracking is set when a user clicks one of the adverts placed by Google. Cookies are small text files that are stored on your computer system. These cookies become invalid after 90 days and do not serve any individual identification purpose. When the user visits specific pages of this website and the cookie has not yet expired, then Google and we can see that the user clicked the ad and was forwarded to this page. Every Google AdWords customer receives a unique cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected using the conversion cookies are used for the creation of conversion statistics for AdWords customers, who have elected to utilize conversion tracking. Customers will receive information regarding the total number of users who clicked their advert and who were forwarded to a page containing a conversion tracking tag. They will, however, not receive any information via which users can be individually identified. You can refuse tracking if you do not want to be included by simply deactivating the Google conversion tracking cookie via your browser’s user settings. Your data will then be excluded from conversion tracking statistics.
Find out more about Google’s privacy policy here: http://www.google.de/policies/privacy/
6. Other information and contacts
You are entitled to free information regarding the data stored about your person and have the right to correction, blocking and deletion of such data. Please contact us directly if you have any further questions regarding the collection, processing and utilization of your personal data. The same applies for requests for information, blocking, deletion and correction of your personal data and for the withdrawal of permissions. You can find the contact email address in our Legal Notice.
TERMS & CONDITIONS
1. Scope
1.1 These general terms and conditions bwfilmstore.com (in the following “seller”), apply for all contracts entered into by a consumer or business person (in the following “customer”) with the seller with regards to the goods and/or services depicted in his online shop. The inclusion of any terms and conditions of the customer are refuted unless agreed otherwise.
1.2 These T&C similarly apply to the purchase of vouchers unless expressly otherwise agreed.
1.3 A consumer in the sense of these T&C is a natural person entering into a legal transaction for purposes, which mainly cannot be assigned to their commercial or self-employed professional activity.
1.3 A business person in the sense of these T&C is a natural person or legal entity or a partnership with legal capacity, who enters into a contractual agreement while acting in the interest of their commercial or self-employed professional activity.
2. Contract agreement
2.1 The product representations included in the online shop of the seller do not represent legally binding offers of sale on the part of the seller; instead, they serve informational purposes to elicit the submission of a binding offer of purchase by the customer.
2.2 The customer can submit his offer of purchase via the online order form integrated in the seller’s online shop. Once the customer has placed the desired goods and/or services into the virtual shopping cart and has completed the electronic order process by clicking the concluding button, he submits a legally binding contract offer with regards to the goods and/or services contained in the shopping cart. The customer has the further option to submit his offer of purchase to the seller over the phone, by fax or email, or by mail.
2.3 The seller can accept the customer’s offer of purchase within five days,
- by transmitting an order confirmation in written form or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is crucial, or
- by delivering the ordered goods, whereby the receipt of the goods by the customer is crucial, or
- by requesting payment from the customer after order submission.
Where several of the above named alternatives are applicable, the contract will come into force once one of the above alternatives is applied. Should the seller fail to accept the customer’s offer of purchase within the above named time frame, then the offer of purchase shall be deemed rejected and the customer shall no longer be bound to his declaration of intent.
2.4 The time frame for acceptance of the offer of purchase commences the day after its submission by the customer and ends with the completion of the fifth day following the submission of the offer of purchase.
2.5 The seller stores the contract text at the time of submission of the offer of purchase via the online order form, and sends it alongside these T&C in text form (e.g. email, fax or letter) to the customer once the order is submitted. The contract text will additionally be archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account after entering his relevant login information, provided the customer has created a customer account for the seller’s online shop prior to the submission of his order.
2.6 The customer can modify his input in the online order form using standard keyboard and mouse functions at any time prior to the binding submission of the order. All input data will furthermore be displayed in a confirmation screen prior to the binding submission of the order, where corrections can be made using standard keyboard and mouse functions.
2.7 The governing language for contract conclusion is German.
2.8 Order processing and contact will generally be conducted via email and automated order processing. The customer must ensure that the email address submitted for the purpose of order processing is correct and that emails dispatched by the seller to that email address will be received. Specifically, the customer must ensure that all emails sent by the seller or by that third party commissioned by the seller for order processing will be received if the client has SPAM filters in place for his email client.
3. Right of withdrawal
3.1 Consumers have a general right of withdrawal.
3.2 Please read the sellers policy regarding the right of withdrawal for more information.
4. Prices and payment terms
4.1 Unless stated otherwise in the product description of the seller, the prices provided are gross prices including statutory VAT. Any additional delivery or shipping costs are stated separately in the relevant product description.
4.2 Additional costs may apply for deliveries to countries outside the European Union, which shall be the responsibility of the customer. These may include bank transaction fees for funds (transfer fees, currency conversion fees, etc.) or import-related duties or taxes (e.g. import tax). These types of costs may also accrue with regards to funds transfers if the delivery is not destined for a country outside the European Union, but the customer makes payment from within a non-EU state.
4.3 The customer has various payment options to choose from, which are listed in the online shop of the seller.
5. Delivery and shipping conditions
5.1 The delivery of goods occurs by shipment and to the delivery address provided by the customer. The delivery address provided as part of the seller’s purchase process shall be deemed valid for transaction processing.
5.2 The customer shall be responsible for the costs of a failed shipment, should a carrier company return the shipped goods to the seller because a delivery to the customer was not possible. This stipulation shall be void, where the circumstances leading to non-delivery are not the responsibility of the customer or where the customer was temporarily unavailable to receive the delivery, unless the seller has notified the customer of the delivery time in reasonable advance.
5.3 A customer collection cannot be offered for reasons of logistics.
5.4 Vouchers are provided to a customer as follows:
via email
as a download
by post
6. Defect liability
6.1 The statutory regulations apply in case of faults in the object of purchase.
6.2 The customer is requested to submit a claim directly to the carrier of the goods in case of obvious transport damage, and to notify the seller of the issue. The statutory and contractual rights of the customer shall remain unaffected if he fails to do so.
7. Indemnity from third party rights
Should the seller – in compliance with the contractual agreement – be responsible for the finish of the goods according to customer specifications in addition to the delivery of the goods, then the customer must ensure that the content provided to the seller for that purpose does not infringe upon the rights of third parties (e.g. intellectual rights or copyrights). The customer indemnifies the seller of any third party claims in connection with an infringement of their rights due to the contractually specified use of the content by the seller. The customer shall similarly be responsible for reasonable costs for required legal aid, including any and all court and attorney fees according to the statutory rate. This stipulation shall not apply where the customer is not at fault with regards to the rights infringement. The customer is required to inform the seller immediately of any third party claims and to truthfully and completely provide the seller with all information required for the verification of claims and appropriate defense.
8. Redemption of gift vouchers
8.1 Vouchers available for purchase via the online shop of the seller (in the following “gift vouchers”) can only be redeemed in the online shop of the seller.
8.2 Gift vouchers and remaining credit from gift vouchers must be redeemed by the end of the third year following the year of purchase. Remaining gift voucher credits will be credited to the gift voucher account of the customer until the end of the validity period.
8.3 Gift vouchers can only be redeemed at the end of the order process. A subsequent conversion of the credit cannot be provided.
Multiple gift vouchers can be redeemed in a single purchase.
8.5 Gift vouchers can only be redeemed with the purchase of goods and cannot be used for the purchase of new gift vouchers.
8.6 Where the available balance of a gift voucher does not suffice to cover the total amount of an order, one of the other payment options offered by the seller can be selected for payment of the outstanding difference.
8.7 The available credit on a gift voucher cannot be cashed out and does not accrue interest over time.
8.8 Gift vouchers are transferable. The seller shall provide services to whosoever redeems a valid gift voucher in the seller’s online shop. This stipulation shall not apply where the seller is aware of non-entitlement or acts grossly negligent with regards to non-entitlement, legal incapacity or lack of the right of representation of the holder of the gift voucher.
9. Redemption of promotional vouchers
9.1 Gift vouchers provided by the seller free of charge as part of a promotion with a limited validity period and which cannot be purchased by the customer (in the following “promotional voucher”) can only be redeemed in the online shop of the seller and only within the specified validity period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be exempt from the voucher promotion, specifically where such an exemption is stated in the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed at the end of the order process. A subsequent conversion of the credit cannot be provided.
9.5 Only one promotional voucher can be redeemed for each order.
9.6 The value of the ordered goods must be at least equal to the value of the promotional voucher. Any remaining credit will not be reimbursed by the seller.
9.7 Where the available balance of a promotional voucher does not suffice to cover the total amount of an order, one of the other payment options offered by the seller can be selected for payment of the outstanding difference.
9.8 The available credit on a promotional voucher cannot be cashed out and does not accrue interest over time.
9.9 The promotional voucher will not be re-issued if the customer returns goods within the scope of his right of withdrawal that were paid in full or in part with a promotional voucher.
9.10 Promotional vouchers are transferable. The seller shall provide services to whosoever redeems a valid promotional voucher in the seller’s online shop. This stipulation shall not apply where the seller is aware of non-entitlement or acts grossly negligent with regards to non-entitlement, legal incapacity or lack of the right of representation of the holder of the gift voucher.
10. Place of jurisdiction
Where the customer acts as a trader, a legal entity, or represents separate funds under public law with headquarters within the territory of the Romania, the exclusive place of jurisdiction for any disputes arising from this contractual agreement shall be the registered business address of the seller. Where the customer’s headquarters are outside the territory of the Romania, then the registered business address of the seller shall be the exclusive place of jurisdiction for disputes arising from this contractual agreement, provided the contract is within the scope of the commercial activity of the customer. Notwithstanding the above stipulations, the seller is entitled to apply to the court of jurisdiction at the customer’s business address.
