The following GTC apply to the online store on the Cinegrell Group website at www.cinegrell.com - they are valid exclusively for online trading. The operator of the webshop is Andec Cinegrell Filmtechnik GmbH, Hasenheide 9, 10967 Berlin - hereinafter referred to as "Cinegrell".
General information
1.1
We work exclusively according to the following terms and conditions, which you accept when you order goods from our online store or make a purchase in our retail store (Hasenheide 9, 10967 Berlin). The contract is concluded exclusively in German. Cinegrell delivers worldwide - with the exception of countries that are subject to trade restrictions or embargoes, or to which the export of certain goods is prohibited.
Goods, services linked to goods and services are offered. These are hereinafter referred to as "items". We only accept payments in euros.
1.2
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. prizes
2.1
Our prices for products offered in the webshop are generally the prices stated in the shopping cart of our webshop at the time of the order. Unless otherwise stated, these are net prices excluding VAT. The gross prices are calculated after entering the delivery address in the webshop. Business customers from the EU have the option of a tax-free intra-Community delivery after successful validation of a valid EU-VAT number at the end of the checkout process. Prices for services that are not offered in the webshop, or are not offered in full, can be found in the current price lists published on the website in the relevant categories. Differing prices that may be displayed on pages that are loaded from caches (browser cache, proxies) are not current and invalid. Unless expressly agreed in writing by an authorized representative of Cinegrell, our prices do not include shipping and freight costs. We always ship with Incoterm DAP. If goods are collected from our store, delivery is EXW.
2.2
VAT cannot be shown on the sale of used equipment because it is a differential taxation according to §25a UStG. This applies to orders from Germany and abroad.
2.3
Packaging becomes the property of the customer.
3rd order
3.1
Orders for goods and services from the online store are only accepted by us in writing. The risk of an unclear, incorrect transmission lies with the customer.
3.2
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding catalog. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.
3.3
Subject to prior sale and errors excepted, in particular with regard to price or model details on this website.
3.4
You order/purchase goods and goods linked to services as well as predefined services in our web store by
a) Select article, configure if necessary (in this case, the correctness of the information provided is confirmed directly by clicking on a checkbox)
b) Add item to shopping cart
c) Check the shopping cart by clicking on "View shopping cart" or navigate directly to the checkout by clicking on "Pay now".
d) Check the shopping cart and enter the delivery address to determine the shipping costs.
e) Entering the billing and delivery address and selecting a payment method
f) Confirm entries by clicking on "Place binding order"
g) Possibly forwarded to partners for payment processing via the payment gateway used
h) Forwarding to a confirmation page with an order overview.
3.5
Your order data will be stored by us. If you lose your order documents, please contact us by e-mail. We will be happy to send you a copy of your order details.
4. delivery times
4.1
We only process orders against prepayment. If you select "Payment via bank transfer", we will only carry out shipping or services after receipt of payment.
4.2
We deliver within 3-5 working days after receipt of payment. Please refer to the respective product page for any exceptions. This does not apply to individual services. Only non-binding processing times can be given for these.
5. delivery
5.1
Various delivery methods are available in the webshop. The prices for these are shown.
Deliveries outside Germany are possible. The postage and packaging costs incurred here are country-specific and are shown in the order process.
5.2.
Cinegrell assumes no procurement risk. If the item is not available or temporarily unavailable, Cinegrell shall inform the customer of this immediately. Cinegrell shall be released from its obligation to perform until the upstream supplier delivers to Cinegrell and may withdraw from the contract if the item cannot be delivered. We reserve the right to make partial deliveries if some ordered products are temporarily unavailable. The purchase price for undelivered products will be refunded.
5.3
In the event of withdrawal, any amounts already paid towards the purchase price will be refunded by Cinegrell without delay. Claims for damages by the customer are excluded.
6 Transfer of risk and warranty
6.1
If the Customer collects the goods at Cinegrell's premises, the risk of accidental loss or accidental damage shall pass to the Customer when the goods are handed over. If Cinegrell ships the goods to the Customer, the risk shall pass to entrepreneurs upon handover of the goods to the carrier and to consumers upon handover of the goods by the carrier to the consumer.
6.2
The warranty shall commence upon delivery of the goods and shall be governed by the statutory provisions. If repairs or modifications are carried out by the Customer or a third party on the delivery item without the written consent of Cinegrell, any warranty shall lapse. The above shall not apply if the Customer proves that the defects in question were not caused by the modifications carried out by the Customer or the third party.
6.3
The limitation period for statutory claims for defects is two years for new goods if the customer is a consumer.
6.4
If the customer is an entrepreneur, the limitation period for warranty claims is one year and befife GmbH has the choice to remedy the defect or to deliver a defect-free item; obvious defects in the goods or services of Cinegrell must be reported in writing.
6.5
The limitation periods specified in clauses 6.3 and 6.4 shall not apply in the event of intent or fraudulent concealment of a defect or insofar as Cinegrell has assumed a guarantee for the quality of the delivery item. The limitation periods of clauses 6.3 and 6.4 shall also not apply to claims for material defects in cases of injury to life, limb or health, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of culpable breach of material contractual obligations.
6.6
Cinegrell assumes no warranty for normal wear and tear of the goods or for defects caused by incorrect or negligent handling or operation or exceptional operating conditions.
6.7
Some manufacturers grant guarantees on their products that go beyond the warranty rights. In such cases, the manufacturer's warranty conditions apply.
6.8
If products and goods are delivered with obvious transport damage, the Customer is requested to complain about this immediately to the supplier and to contact Cinegrell. The Customer shall assist in enforcing Cinegrell's claims against the carrier and transport company. Failure to make a complaint or to contact Cinegrell shall have no consequences for the Customer and its rights, in particular warranty rights.
7. retention of title
7.1
In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of sale until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
7.2
You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
7.3
If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
8. right of withdrawal of the customer according to the Distance Selling Act
8.1
Cancellation policy
Consumers (§ 13 BGB) have the following right of withdrawal:
Right of withdrawal
In the case of online purchases, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Cinegrell - here: Andec Cinegrell Filmtechnik GmbH, Hasenheide 9, 10967 Berlin) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form (see 8.4), but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
8.2
Consequences of revocation
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless this is technically impossible or involves unreasonable effort; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The buyer is liable for any loss of the goods during return transportation.
End of the withdrawal policy
8.3
The right of withdrawal does not apply to contracts
The right of withdrawal expires prematurely for contracts
8.4
Sample withdrawal form
If you wish to withdraw from the contract, please copy this form into an e-mail, fill it out and send it to Andec Cinegrell Filmtechnik GmbH, Hasenheide 9, 10967 Berlin or to [email protected] with the subject "WIDERRUF"
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
9.
Purchases made in the store are generally excluded from any right of exchange or return, provided the goods were in perfect condition when handed over. Purchased goods will not be taken back in the store. Warranty claims apply to items purchased in the store as described for online trading.
10. disclaimer
10.1
The limitations of liability do not apply to damage caused by intent or gross negligence or to injury to life, limb or health.
10.2
This online store and the descriptions and prices contained therein have been compiled by us with the utmost care. Nevertheless, we cannot accept liability for any editorial errors or for the continued availability of all goods. Prices are subject to change, errors and prior sale. All offers are subject to change.
10.3
Irrespective of the legal grounds, claims for damages against Cinegrell as well as its vicarious agents shall be limited in amount to those damages that Cinegrell could reasonably have expected to occur at the time the contract was concluded. If the damage does not result from the breach of a material contractual obligation, however, the compensation shall be limited to a maximum of the replacement value of purchased products or services. Further claims for damages are excluded. Customers are advised to take out production or negative insurance if necessary.
11. retention periods
11.1
Cinegrell stores laboratory orders for collection for 14 days. Due to limited space, longer storage is not possible. Complaints regarding scans, negatives or copies and other services must be made no later than the week following completion of the work. Later complaints are excluded.
12. final provisions
12.1
These General Terms and Conditions contain all rights and obligations of the contracting parties.
12.2
If the customer is a merchant or does not reside within the European Union, our registered office shall be the sole place of jurisdiction for all disputes between the contracting parties, including actions on bills of exchange and checks.
14.3
German law shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, provided that it concerns mandatory consumer law provisions.
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.
Identity of the seller:
Andec Cinegrell Filmtechnik GmbH
Hasenheide 9
10967 Berlin
10115 Berlin
Commercial register: HRB 245918 B
Register court: Berlin Charlottenburg Local Court
Managing Directors: Dipl-Ing. Ludwig Draser, Richard Grell
Value added tax identification number in accordance with § 27 a of the Value Added Tax Act: DE356812131
EORI number: DE958054767212719
Complaints office of the company:
[email protected]