General terms and conditions with customer information

Status: December 12, 2024

Table of contents

• Scope of the GTC
• Order process and conclusion of contract
• Contract text and contract language
• Information on prices and shipping costs
• Payment methods and terms of payment
• Retention of title
• Delivery, availability of goods
• Digital content
• Digital services
• Acquisition of credit balances
• Sale of vouchers
• Sale of tickets
• Production and processing according to customer specifications
• Laboratory services
• Promotional vouchers
• Copyright and rights of use
• Protection of minors and age verification
• Cancellation policy
• Warranty and liability
• Amendment of the GTC
• Final provisions
• Dispute resolution and consumer dispute resolution

1 Scope of the GTC

• The business relationship between Andec Cinegrell Filmtechnik GmbH, Hasenheide 9, 10967 Berlin with its managing directors Dipl. Ing. Ludwig Draser and Richard Grell (hereinafter referred to as "Seller") and the purchaser of the Seller's products, hereinafter referred to as "Customer", shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as "GTC"). For specific laboratory services, the additional terms and conditions for laboratory services shall apply accordingly.
• Deviating terms and conditions of the customer shall not be recognized, even if the seller renders his service without objection, unless the seller expressly agrees to the validity of the deviating terms and conditions of the customer.
• All personal designations apply equally to all genders. For reasons of better readability, the simultaneous use of male and female language forms has been avoided.
• A "consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
• "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
• "Product" within the meaning of the GTC is any goods, services and other performance offered by the seller, any accessories and accompanying documentation which are the subject of the contract between the seller and the customer in accordance with the product description provided to the customer by the seller or any other agreement.
• Irrespective of the terms used in the GTC, such as "seller", the legal classification of the contract and the applicable statutory provisions are always determined by the statutory provisions of the respective types of contract. These GTC do not restrict the legal definitions and regulations in any way.

2. ordering process and conclusion of contract

• The customer can select products from the range offered by the seller to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
• By clicking on the button that concludes the order process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
• A contract between the customer and the seller can also be concluded by e-mail. The customer can send a binding offer to the seller by e-mail or, if the seller sends a binding offer, accept it by e-mail.
• A contract between the customer and the seller can also be concluded by telephone. The customer can submit a binding offer to the seller by telephone or, if the seller submits a binding offer, accept it by telephone.
• A contract between the customer and the seller can also be concluded by fax. The customer can send a binding offer to the seller by e-mail or, if the seller sends a binding offer, accept it by fax.
• A contract between the customer and the seller can also be concluded by means of information in a contact form. The customer can submit a binding offer to the seller via the contact form or, if the seller submits a binding offer, accept it via the contact form.
• A contract between the customer and the seller can also be concluded by post. The customer may submit a binding offer to the seller by post or, if the seller submits a binding offer, accept it by post.
• When concluding a contract for the sale of products that already include a laboratory service (e.g. development / digitization), the customer tacitly accepts the GTC for Laboratory Services without further consent.

3. contract text and contract language

• The seller saves the text of the contract and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of their browser or the save function for websites in the last step of the order.
• If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
• The contract language is German, contracts can be concluded in this language.

4. information on prices and shipping costs

• Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
• For deliveries to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the seller, but must be settled by the customer with the relevant tax or customs authorities. The seller recommends that the customer obtain information about possible further costs from the competent authorities and on the basis of the respective national regulations applicable to the customer.

5. payment methods and terms of payment

• Unless otherwise agreed, payments shall be made without deductions, discounts or other rebates.
• When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information during the payment process. This is particularly because the provision of payment methods or the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The customer shall ensure that they fulfill the requirements incumbent upon them that are necessary for successful payment using the selected payment method. This includes, in particular, sufficient funds in bank and other payment accounts, registration, legitimization and authorization with payment services and confirmation of transactions.
• If a payment is not executed or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that the customer is responsible for the failed or reversed booking and, in the case of a SEPA transfer, was informed of the transfer in good time (so-called "pre-notification").
• If the seller assigns his payment claim against the customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The seller's contractual obligations towards the customer, in particular the performance and warranty obligations, compliance with revocations and contractual ancillary obligations, shall not be affected by the assignment.
• The seller reserves the right to offer payment methods only from or up to a certain order value. In this case, the seller will inform the customer of a corresponding payment restriction until the start of the order process. The right of consumers to a free, common and reasonable means of payment is not restricted.
• Prepayment - If payment in advance by bank transfer has been agreed, the payment amount shall be due upon conclusion of the contract, unless expressly agreed otherwise. The seller shall inform the customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed without further consequences for the customer and the seller.
• SEPA Direct Debit Scheme - By placing the order, the customer grants the seller a SEPA Direct Debit Mandate. By issuing the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date on which the bank account will be debited (referred to as "pre-notification"). The pre-notification does not require a specific form and can, for example, take the form of an invoice, information in an e-mail, on a website or in general terms and conditions. The deadline for the pre-notification of the date on which the bank account will be debited is 5 days (referred to as the "pre-notification deadline"). The invoice amount is due after the direct debit mandate has been issued, but not before expiry of the pre-notification period. The account shall be debited after dispatch of the goods, but not before expiry of the pre-notification period. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and not to offer the payment method to the customer if the credit check is negative.
• Purchase on account - The invoice amount is due after the product has been delivered and invoiced and is to be settled by the customer within 7 days without deduction by payment to the seller's bank account, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method purchase on account and not to offer the payment method to the customer if the credit check is negative. .
• Credit card payment - When placing an order, customers provide their credit card details. The customer's credit card will be charged immediately after the goods have been dispatched and the customer has been authorized as the rightful cardholder.
• PayPal - Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the customer. Customers are forwarded directly to PayPal at the end of the order process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
• PayPal Plus (PayPal) - The customer must have a PayPal account and pays the amount owed using the PayPal transaction process.
• Cash payment on collection of the goods - Payment is made in cash on collection of the goods.
• We use the VR PAY payment portal of the VR banks. This is used to process credit card payments and PayPal payments.
• Costs arising from reminders for overdue receivables shall be charged to the customer. The seller is entitled to charge reminder costs at a flat rate of 10 euros. The customer reserves the right to prove that no or lower costs were incurred.
• In the event of default in payment, the seller is entitled to charge default interest at the statutory rate as well as other consequences and costs determined by law to the defaulting customer. In the case of customers who are entrepreneurs, the seller is entitled to claim default interest of at least 11 percentage points above the applicable base interest rate. The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the seller. The damages caused by default include the costs of legal enforcement, such as costs for legal advice, dunning procedures or debt collection.

6. reservation of title

• If the seller makes advance payment, the delivered products remain the property of the seller until full payment has been made.

7. delivery, availability of goods

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
• If collection of the goods by the customer is agreed, the seller shall inform the customer that the goods are ready for collection at the agreed collection location. Unless expressly agreed otherwise, the customer shall not incur any shipping costs.
• If a delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the outward and return shipment to a reasonable extent. If the costs are incurred by the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the outward shipment costs, while the provisions in the cancellation policy shall apply to the return shipment costs.
• Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
• If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and reasonable efforts on its part, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or the customer does not wish to receive delivery of comparable goods, the seller shall immediately reimburse the customer for any payments already made.
• The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.
• Customers are requested to report obvious transport damage to the transport company or carrier as soon as possible or otherwise to notify us of the transport damage. This does not result in any obligation for customers who are consumers; failure to notify does not restrict the customer's statutory rights or the enforcement of these rights, in particular the warranty and revocation rights.
• For customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.

8. digital content

• The provisions of these GTC apply accordingly to the sale of digital content.
• The provisions of these GTC apply accordingly to the sale of physical data carriers that serve exclusively as carriers of digital content.
• The digital content is made available to the customer in the form of a download option.
• The seller is entitled to subsequently adapt and change digital content, provided this is necessary for the seller (e.g. updates of a technical nature, corrections of a linguistic nature or mandatory legal reasons that make it necessary to adapt content) and is reasonable for the customer and the contractual use of the products and the contractual balance are not impaired.
• The customer will be informed expressly and with reasonable advance notice before access to the purchased digital content expires.
• Access to the Internet as well as common and customary display options that are reasonable for the customer (e.g. a browser or PDF display software) are required for the use of the digital content. The seller assumes no responsibility for any impediments to accessing or retrieving digital content if these impediments are within the customer's sphere of responsibility (this applies in particular to the customer's access to the Internet).

9. digital services

• "Digital services" exist if they enable the customer, who is a consumer, to create, process or store data in digital form or to access such data or enable the sharing of data uploaded or created in digital form by the consumer or by other users of the relevant service or other interactions with such data.
• The provisions of these GTC apply accordingly to digital services.

10. acquisition of credit balances

• These GTC apply accordingly to the sale of credits that embody monetary values. Customers can use the means of payment provided by the seller to purchase credits that are stored in their customer account. These credits can be redeemed by the customer to purchase or use the products and services of the seller that are offered to the customer for redemption. The seller informs the customer which products can be redeemed with the credit. Furthermore, the credit does not represent a legally recognized asset outside of the seller's offer.
• The credit can only be transferred to third parties with the consent of the seller.
• Credit balances paid in by the customer or third parties in favor of the customer are generally non-refundable (i.e. cannot be paid out or otherwise reimbursed). However, the exclusion of repayment does not affect the customer's statutory rights of revocation, withdrawal, termination, warranty and defect rights or other mandatory rights and does not restrict the customer's payment and other claims in this regard. Likewise, the repayment claim shall not be restricted if the deposited credit balance is not time-barred. The limitation period begins three years after the end of the calendar year in which the last payment was made on the credit balance.

11. sale of vouchers

• These T&Cs apply accordingly to the sale of vouchers that embody material or monetary values.
• The customer is provided with an option to download the ordered vouchers.
• The ordered vouchers will be sent to the customer at the e-mail address provided.
• The vouchers ordered will be sent to the customer by post to the delivery address provided.

12. sale of tickets

• These GTC apply accordingly to the sale of tickets.
• The customer is provided with an option to download the tickets ordered.
• The tickets ordered can be sent to the customer at the e-mail address provided.
• The tickets ordered can be sent to the customer by post to the specified delivery address.
• With the tickets, the customer acquires the entitlements embodied in the tickets in accordance with the product description to participate in the named events (the term "events" includes events of all kinds). Unless otherwise agreed, participation is based on a legal relationship with the event organizers based on their terms and conditions and the seller is not a contractual partner or otherwise obligated under this legal relationship. The respective organizer is responsible for the event.

13. production and processing according to the customer's specifications

• If the contractual agreement between the contracting parties includes the seller manufacturing or processing the product to be delivered according to the customer's specifications, the customer is obliged to provide the seller with the information and materials required to provide the service and to offer cooperation (hereinafter collectively referred to as "cooperation").
• The customer shall be informed of the cooperation required as part of the product description or the ordering process.
• In fulfilling its obligations to cooperate, the customer must observe the agreed format, the agreed transmission channel and other agreed technical specifications and deadlines, in particular when providing information and materials.
• The Customer undertakes to provide only such information and materials and to cooperate only to the extent that their processing by the Seller in accordance with the contract does not violate applicable law or third-party property rights. In particular, the Customer undertakes to ensure that it has the necessary rights of use and disposal for the processing by the Seller. The seller is not obliged to check the lawfulness of the processing of the customer's data.
• The seller shall not bear any costs for the customer's cooperation.
• The Customer shall indemnify the Seller, its employees and representatives against liability and/or claims by authorities or third parties that arise in connection with the Customer's cooperation and for which the Customer is responsible. The indemnification shall also include all necessary and reasonable legal defense costs. Furthermore, in this case the customer shall support the seller in the defense against the claims by providing reasonable and necessary cooperation and information.
• On the basis of an appropriate assessment, the seller is entitled to reject processing orders, even after conclusion of the contract, where the seller may assume, on the basis of objective evidence, that the applicable legal situation, the rights of third parties or morality have been violated (this applies in particular to information and materials that are harmful to minors, discriminatory, offensive or anti-constitutional).

• The General Terms and Conditions of Andec Cinegrell Filmtechnik GmbH shall be deemed tacitly accepted for laboratory services paid for, ordered, requested or implicitly or explicitly commissioned through the use of the web store or otherwise utilized in the context of this online offer.

15. promotional vouchers

• Promotional vouchers" are vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). Promotional vouchers, on the other hand, are not vouchers that represent a specific monetary or material value and are purchased by the customer as a product.
• Promotional vouchers can only be taken into account under the conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.
• Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
• Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.
• Promotional vouchers issued by the seller may only be redeemed with the seller.
• Unless otherwise stated, promotional vouchers can only be redeemed before completing the order process.
• If an amount still remains to be paid after redeeming a promotional voucher, this can be settled using the payment options offered by the seller.
• If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods without the remaining amount being paid out.

16. copyrights and rights of use

• The products sold by the seller, including the copyrighted content associated with the products such as photographs, images, graphics, videos or instructions, are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation lie with the seller or the respective rights holders. Customers undertake to recognize and observe these property rights.
• The seller expressly reserves the right to use the products for commercial text and data mining. Text and data mining is the automated analysis of single or multiple digital or digitized works in order to obtain information, in particular about patterns, trends and correlations. In particular, the Products may not be used for the development, training, programming, enhancement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content (regardless of whether it is protected by copyright). In addition, the buyer undertakes to take reasonable and necessary measures to ensure that the purchased products are not used for text and data mining. This includes, for example, including appropriate information in its own terms of use and ensuring that employees are instructed accordingly (particularly in the case of digital content). The details depend on the type of product and the type of use.

17. protection of minors and age verification

• By placing an order, the customer confirms that they have reached the minimum age required to purchase the age-restricted products.

18. revocation instruction

• The information on the right of withdrawal for consumers can be found in the seller's withdrawal policy.
• The right of withdrawal does not apply to consumers who have their domicile, habitual residence or delivery address outside a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract and delivery and do not belong to one of these member states.

19 Warranty and liability

• For used goods, the warranty of customers who are entrepreneurs is excluded. This shortening of the period shall not apply in cases of malice, intent, gross negligence, injury to life, body and health, essential contractual obligations on which the fulfillment of the contract is made possible and on the fulfillment of which the customer may rely (cardinal obligations) and in the case of applicability of the Product Liability Act as well as for items that have been used for a building in accordance with their normal use and the defect has occurred in the building.
• The Seller shall not be liable for the Customer's Internet connection, the software and hardware used by the Customer or any disruptions to the establishment or execution of the contract between the Customer and the Seller caused by such.
• The seller shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies (cardinal obligations) or in the case of agreed guarantee promises. In this case, however, the seller shall only be liable for foreseeable, contract-typical and expectable damage. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability provisions shall also apply to claims for damages by the customer under the seller's statutory warranty.
• The limitations of the warranty and liability obligations as well as the shortening of deadlines in this regard do not apply to claims for damages and reimbursement of expenses by customers, goods that have been used for a building in accordance with their normal use and have caused its defectiveness, or to existing update obligations in the case of contracts for digital products.
• The limitations of the warranty and liability obligations as well as the shortening of the relevant deadlines do not apply in the case of mandatory consumer recourse claims of the customer. This applies in particular in the case of claims for damages and reimbursement of expenses by consumers, in the case of a shortening of the deadline for products that have been used for a building in accordance with their normal use and have caused its defectiveness and in the case of any updating obligations for contracts for digital products.

20. amendment of the GTC

• The Seller reserves the right to amend these GTC in the case of continuing obligations (i.e. The Seller reserves the right to amend these GTC at any time with effect for the future in the following cases: a) If the amendment serves to bring the GTC into conformity with the applicable law, in particular if the applicable legal situation changes; b) If the amendment serves the Seller to comply with mandatory court or official decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the GTC; d) If the amendment is merely advantageous for the customers.
• In the case of customers who are entrepreneurs, changes may also be made in addition to the cases mentioned, provided that they are reasonable, appropriate and objectively justified for the customer.
• The seller shall send the amended GTC at least two weeks before they come into force to the e-mail address provided by the customer to the seller. If a customer does not object to the new GTC within two weeks of receiving the e-mail, the amended GTC shall be deemed to have been accepted by the customer. With the notification of the change, the seller will inform the customer of the consequences of not objecting. Customers may also consent to the amended GTC by expressly agreeing to them.

21 Final provisions

• The legal relationship between the customer, if he is an entrepreneur, and the seller is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction shall be at the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction in the country in which the seller has its registered office. The seller reserves the right to choose another permissible place of jurisdiction.

22. dispute resolution and consumer dispute resolution

• The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ find. Consumers have the option of using this platform to resolve their disputes.
• We are not willing or obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.