General Terms and Conditions of Business for the kinoart.net Webshop
Any business relations between kinoart.net Inh. Wolfgang Jahn (referred to in the following as ,kinoart.net‘) and the Webshop Customer will be governed exclusively by the following Terms and Conditions of Business.
kinoart.net will not acknowledge any different terms and conditions of the Customer, unless kinoart.net has explicitly agreed to them in written form.
1. Formation of Contract
The offers featured in the kinoart.net Webshop are always subject to change without notice.
All prices given are subject to margin taxation according to §25a UStG. No separate USt. (sales tax) is declared. Prices do not include shipping costs.
Prior to submitting the online order, the Customer will be able to check and, where necessary, correct all details (e.g. name, address, form of payment and items ordered).
By going through the kinoart.net online order placement process, entering all the information required there and clicking the button "Order”, the Customer submits its binding willingness to enter into a purchase contract with kinoart.net.
kinoart.net can accept this offer to contract (and hence enter into the contract with the Customer) within 14 days by sending either an order confirmation or the items ordered.
Usually, orders will be shipped within 1-3 business days upon full receipt of payment.
For expensive items, a payment plan is available. Please contact us for details.
2. Consumer’s Right of Cancellation
Consumer customers will be entitled to cancel the contract subject to the following:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you have received your order. To exercise the right of withdrawal, you must inform us: kinoart.net Inh. Wolfgang Jahn, Seinsheimgasse 5, 97230 Estenfeld Germany, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the following withdrawal form, but it is not obligatory:
Sample Withdrawal Form
- To kinoart.net Inh. Wolfgang Jahn, Seinsheimgasse 5, 97230 Estenfeld Germany, E-Mail: firstname.lastname@example.org :
- I hereby withdraw from the contract entered on (*) consisting in the delivery of the following goods:
- Order placed on (*)/ received on (*)
- Customer name
- Customer address
- Customer signature (only required by submission on paper)
(*) Delete inapplicable
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Any items must be received back in the exact same condition they were delivered. We recommend using our original shipping supplies for any returns.
3. Delivery, Delivery Proviso, Shipping Costs, Customs Duties
If the Customer has effectively revoked his contract declaration according to Section 2 of these Terms and Conditions the original shipping costs will be reimbursed. The refund of shipping costs is limited to the costs of our standard shipping services. Any upgrades requested by the Customer are non-refundable. The regular costs of the return shipment shall be paid by the Customer.
For dispatch outside the EU, customs duties and import fees as well as taxes might be incurred. These will be borne by the Customer. kinoart.net has no influence on the amount of such fees and taxes and is unable to inform the Customer as to their extent. The Customer will receive information from the responsible customs authority. With very few exceptions, the items offered in the kinoart.net webshop are one-of-a-kind and subject to prior sale. In case an item is not available at the time of order, kinoart.net is entitled to cancel the contract. In this case, kinoart.net will immediately inform the Customer that the product ordered is not available. Any purchase price that has possibly already been paid will be refunded immediately.
Unless otherwise agreed, delivery will be ex-stock to the delivery address supplied by the Customer.
4. Retention of Title
The goods will remain the property of kinoart.net until they have been paid for in full.
Customers have the choice between payment with Paypal or in advance wire transfer. Bank account details will supplied on request. Unfortunately, it is not possible to pay by cash, personal cheque, or money order. kinoart.net rules out any liability for loss!
6. Terms of Warranty
Dissenting from standard regulations, the warranty period for used goods is limited to one year upon handover of the items. Unless otherwise agreed in the following, any other claims of the Customer – derived for whatever legal reason – will be ruled out. For this reason, kinoart.net will not be liable for damages generated on the article delivered itself; in particular kinoart.net will not be liable for losses in profits or for any other financial losses suffered by the Customer. Where the liability of kinoart.net is ruled out or restricted, this will also apply for the personal liability of employees, representatives and vicarious agents.The above restriction of liability will not apply if the damages suffered are attributable to wilful intent or gross negligence or in the case of physical injury. It will also not apply if the Customer asserts claims under the Product Liability Act.Should kinoart.net violate a significant duty of the contract, the duty to compensate for material damages will be restricted to those that are incurred typically.All damages attributable to natural wear-and-tear, to improper use of the article and to inadequate or erroneous care will not be covered by guarantee.kinoart.net will not be liable for the downloading of files if the cause of the defective transfer lies within the sphere of responsibility of the Customer (e.g. using non-compatible hardware and/or software) or of third parties appointed by the Customer (Internet provider, telecommunications provider).
7. Data Protection
The data provided by the Customer will be treated as confidential and only forwarded to kinoart.net and to the company appointed by kinoart.net to deal with the order in encrypted form over a SSL server. Personal data will only be retrieved, processed, used and, where necessary, forwarded to authorized partners subject to the regulations of the [German] Federal Data Protection Act (BDSG) and the [German] Telecommunications Data Protection Act (TDDSG) solely for purposes of dealing with the order (substantiation, implementation and proof of the provision of the service due under contract). The Customer agrees that the postal service provider appointed by kinoart.net will communicate the correct address of the Customer, in the event a consignment could not be delivered under the address given (Section 7 (5) [German] Postal Service Data Protection Ruling (PDSV)). The Customer will be able to receive information at any time about the data saved relating to the Customer. Upon request, the Customer data will be deleted, providing all order placements have been dealt with in full.
8. Applicable Law
All contractual relations shall be governed by and construed in accordance with german substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9. Place of Performance and Place of Jurisdiction
Place of performance is Berlin. Jurisdiction for any and all claims and disputes arising from the contractual relations will lie with the proper courts at Berlin, providing the Customer is a business person.
10. Clause governing the Written Form/ Severability Clause
Additional or differing arrangements will require the written form and will only then become component of the contract. Should any of the above provisions be inoperative in whole or in part, the validity of the remaining provisions will not be affected hereby.
11. Identity of the Seller
All items offered in this webshop are sold by:
Inh. Wolfgang Jahn
Phone: +49 (0) 9305 2190261
Last Updated: April 2018