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:
as a download
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.