Terms and Conditions
§ 1 Scope, Definitions
(1) For the business relationship between the web shop provider ABT cine OHG, Grünwälderstraße 17, 79098 Freiburg, Deutschland (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The offer of goods in this web shop is exclusively directed to entrepreneurs of full age. An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of his commercial professional activity or self-employment when concluding the contract.
§ 2 Conclusion of contract
(1) Customer can select products from the assortment and proceed via the button “add to shopping cart”. By clicking on the button “order with obligation to pay” Customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the given data at any time. However, the application can only be submitted and transmitted if Customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
(2) Provider shall then send Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which Customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that Customer’s order has been received by Provider and does not constitute acceptance of the application. The contract is not concluded until Provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to Customer by Provider on a durable medium such as e-mail or paper printout (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, provided the prior payment of the purchase price (except in the case of purchase on account).
(2) If no copies of the product selected by Customer are available at the time of Customer’s order, the supplier will inform Customer immediately in the order confirmation. If the product is permanently not available, Provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by Customer in the order is only temporarily unavailable, Provider shall also inform Customer of this without delay in the order confirmation.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of Provider.
§ 5 Prices and shipping costs
(1) All prices listed on the website of Provider are exclusive of the applicable statutory sales tax.
(2) The shipping costs can be viewed here and are to be defrayed by Customer.
§ 6 Payment methods
(1) The payment methods can be viewed here.
(2) Customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, Customer is already in default by missing the deadline. In this case, Customer has to pay Provider interest on arrears for the year in the amount of 5 percentage points above the base interest rate.
(4) Customer’s obligation to pay default interest does not preclude Provider from claiming further damages for default.
§ 7 Warranty for material defects, guarantee
(1) Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sec. 434 et seq. of the German Civil Code. The warranty period on goods delivered by Provider is 12 months.
(2) An additional guarantee exists for the goods delivered by Provider only if this was expressly given in the order confirmation for the particular article.
(3) The sale of used goods takes place under exclusion of any warranty rights of the Customer in case of a defect. This does not apply in the case of fraudulent concealment of a defect or insofar as the Provider has assumed a guarantee for the quality of the purchased item.
§ 8 Liability
(1) Claims of Customer for damages are excluded. Excluded from this are claims for damages by Customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by Provider, his legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, Provider shall only be liable for predictable damages typical for the contract if such damages were caused by simple negligence. This does not apply if Customer’s claims for damages are based on injury to life, limb or health.
(3) The restrictions of subparagraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The restrictions of liability resulting from subparagraphs (1) and (2) do not apply if Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if Provider and Customer have reached an agreement on the quality of the item. The regulations of the German Product Liability Act remain untouched.
§ 9 Final provisions
(1) Contracts between Provider and Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which Customer as a consumer has his habitual residence, remain unaffected.
(2) The place of jurisdiction for all disputes arising from contractual relationships between Customer and Provider is Provider’s registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions shall apply. However, if this would place undue hardship on one of the contracting parties, the contract as a whole shall become invalid.
Date of Last Revision: February 2023