Terms and Conditions
§ 1 Scope and provider
1.1 These general terms and conditions apply to all orders that you place in the online shop of
ABT cine OHG
1.2 The offers in our online shop is aimed exclusively at buyers who have reached the age of 18 and who are to be regarded as entrepreneurs within the meaning of Section 14 (1) BGB.
1.3 Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
1.4 The contract language is exclusively German.
1.5 You can view and print out the currently valid general terms and conditions on the website https://abt-cine.de/en/terms-and-conditions/.
§ 2 Conclusion of contract
2.1 The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2.2 By clicking the button [“Buy now”] you are submitting a binding purchase offer (Section 145 BGB).
2.3 After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
2.4 A purchase contract for the goods is only concluded if we expressly
declare acceptance of the purchase offer or if we send the goods to you – without a prior express declaration of acceptance.
§ 3 Prices
The prices quoted on the product pages are net and do not include the respective statutory sales tax and the respective shipping or delivery costs.
Payment terms; Default
4.1 (1) Payment can be made either by:
Direct bank transfer, credit card or PayPal.
4.2 The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
4.3 If you choose to pay by direct bank transfer, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
4.4 If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.
4.5 When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank details.
4.6 If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 9 percentage points above the base rate. There is also an entitlement to payment of a flat rate of 40 euros. The right to assert further damages remains reserved.
§ 5 Set-off / right of retention
5.1 You are only entitled to offset if your counterclaim has been legally established or we have not disputed or recognized it or has a close synallagmatic relationship to our demand.
5.2 You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
6.1 Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address you provided.
6.2 We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
6.3 You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
6.4 When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
6.5 We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Guarantee
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB) with the following modifications:
• Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
• You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
• In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
• If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
• The warranty period is one year from date of delivery. This limitation does not apply to claims based on damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
§ 8 Liability
8.1 Unlimited liability: We have unlimited liability for willful intent and gross negligence as well as in accordance with the product liability law. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
8.2 In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 9 Final provisions
9.1 Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
9.2 German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
9.3 If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Status: September 2020
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4