Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Warranty (Liability for Defects)

  8. Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope of Application

1.1

These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of UltraVisual Films GbR (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2

These Terms and Conditions shall apply accordingly to contracts for the delivery of physical data carriers serving exclusively as carriers of digital content, unless otherwise stipulated. Digital content within the meaning of these Terms and Conditions means data created and provided in digital form.

1.3

A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4

An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2

The Customer may submit an offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit an offer by e-mail.

2.3

The Seller may accept the Customer's offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form (e.g. fax or e-mail), whereby receipt of the confirmation by the Customer is decisive;

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs.

The acceptance period begins on the day after the Customer submits the offer and ends at the expiry of the fifth day following submission.

If the Seller does not accept the offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.

2.4

If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the applicable PayPal User Agreement.

By selecting a payment method offered by PayPal during the ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.

2.5

The contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail). The Seller does not make the contract text available beyond this.

If the Customer has created a user account before placing the order, order data will be archived on the Seller's website and can be accessed free of charge via the password-protected customer account.

2.6

Before submitting a binding order, the Customer can identify and correct input errors by carefully reviewing the information displayed on the screen. Browser zoom functions may assist in identifying such errors.

2.7

Various languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8

Order processing and communication generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided is correct and capable of receiving e-mails from the Seller. In particular, spam filters must be configured so that e-mails from the Seller and third parties engaged by the Seller can be received.

2.9

When ordering media products not suitable for minors (FSK/USK 18-rated products), the Customer confirms that they have reached the legally required minimum age.

The Seller uses an age verification system to ensure compliance with legal age requirements. Delivery of such products will only take place following successful age verification and customer authentication.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Detailed information regarding the right of withdrawal can be found in the Seller's cancellation policy.

3.3

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of an EU Member State and whose sole residence and delivery address are located outside the European Union.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the product description, all prices are total prices and include applicable statutory VAT. Any additional delivery and shipping costs are specified separately.

4.2

Deliveries to countries outside the European Union may incur additional costs beyond the Seller's control, which must be borne by the Customer. These may include bank transfer fees, currency conversion fees, customs duties, and import taxes.

4.3

Available payment methods are displayed in the Seller's online shop.

4.4

If a payment method offered through Shopify Payments is selected, payment processing is carried out by:

Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland

The individual payment methods available via Shopify Payments are displayed in the online shop.

Stripe may engage additional payment service providers, which may be subject to separate payment terms.

Further information can be found at:

https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1

Goods are delivered within the Seller's specified delivery area to the address provided by the Customer during the ordering process.

5.2

If delivery fails due to circumstances attributable to the Customer, the Customer shall bear the reasonable costs incurred. This does not apply to shipping costs if the Customer validly exercises their right of withdrawal.

5.3

If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration passes to the Customer upon delivery of the goods to the carrier.

If the Customer acts as a consumer, risk generally passes only upon delivery to the Customer or an authorized recipient.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies where the Seller is not responsible for the non-delivery and has concluded a corresponding covering transaction with due care.

The Customer will be informed immediately if the goods become unavailable and any payments made will be refunded without delay.

5.5

Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller performs in advance, ownership of the delivered goods shall remain with the Seller until full payment of the purchase price has been received.

7) Warranty (Liability for Defects)

Unless otherwise provided below, the statutory provisions governing liability for defects shall apply. The following shall apply to contracts for the delivery of goods:

7.1

If the Customer acts as an entrepreneur:

  • the Seller shall have the right to choose the type of subsequent performance (remedy);

  • for new goods, the limitation period for defect claims shall be one year from delivery of the goods;

  • for used goods, defect claims shall be excluded;

  • the limitation period shall not recommence if a replacement delivery is made within the scope of warranty claims.

7.2

The above limitations of liability and reductions of limitation periods shall not apply:

  • to claims for damages or reimbursement of expenses by the Customer;

  • where the Seller has fraudulently concealed a defect;

  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness;

  • to any obligation of the Seller to provide updates for digital products in contracts involving goods with digital elements.

7.3

For entrepreneurs, the statutory limitation periods regarding any existing legal right of recourse shall remain unaffected.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. Failure to comply with these notification obligations shall be deemed acceptance of the goods.

7.5

If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery company and to inform the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:

8.1

The Seller shall be liable without limitation on any legal basis:

  • in cases of intent or gross negligence;

  • in cases of intentional or negligent injury to life, body, or health;

  • under a guarantee, unless otherwise stipulated;

  • under mandatory statutory liability, including but not limited to liability under the German Product Liability Act (Produkthaftungsgesetz).

8.2

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding section.

Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely.

8.3

Any further liability of the Seller is excluded.

8.4

The above liability provisions shall also apply with regard to the Seller's agents, employees, and legal representatives.

9) Applicable Law

9.1

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

9.2

Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of an EU Member State and whose sole residence and delivery address are located outside the European Union.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.