Conditions of Use
1 Scope
1.1 These terms and conditions of GK-Film GmbH (hereafter referred to as "Seller") apply to all contracts concluded by the Customer with the Seller with regard to products and/or services represented in the Seller's online shop. The inclusion of the Customer's own conditions is herewith objected to unless other terms have been stipulated.
1.2 Customers in the sense of section 1.1 are regarded as consumers as well as entrepreneurs, whereby a consumer is every natural entity who enters into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. Conversely, an entrepreneur is to be understood as any natural or legal entity or personal society with legal capacity, which acts in fulfilment of his/her commercial or self-employed occupational activity when concluding the contract.
2 Conclusion of the contract
2.1 The product presentations in the Seller's online shop do not represent binding offers on the part of the Seller, but rather serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit an offer in writing, via telephone, fax, e-mail or the online order form integrated into the Seller's online shop. When placing an order using the online order form, the Customer inputs his/her personal data and submits a binding order with regard to the items in the shopping basket by clicking "Submit order" in the final step of the ordering process.
2.3 The Seller can accept the Customer's offer with a written (letter) or electronically transferred (fax or e-mail) order confirmation or with delivery of the goods within five days. The Seller reserves the right to refuse orders.
2.4 Order processing and contact support generally take place via e-mail and automatic order processing. It is the Customer's responsibility to ensure that the e-mail address s/he provides is accurate in order to be able to receive e-mails from the Seller. Particularly, it is the Customer's responsibility to ensure that the use of SPAM filters does not hinder the delivery of e-mails related to order processing that are sent by the Seller or authorized third parties.
3 Return costs when exercising the right of withdrawal
If the Customer is entitled to a right of withdrawal, s/he is responsible for any standard return shipping costs when exercising the right of withdrawal if the value of the returned goods does not exceed €40 or if the Customer has not provided payment or partial payment at the time of the withdrawal, unless the delivered goods do not correspond to the order. In all other cases, the Seller is responsible for return shipping costs.
4 Prices and payment conditions
4.1 The Seller's indicated prices are final prices. The value added tax is indicated as long as goods are not involved that are subject to differential taxation according to article 25a of the German Value Added Tax Law. Any additional shipping and handling charges incurred will be indicated with the respective product presentation in the offer.
4.2 For deliveries within Germany, the Seller offers the following payment options unless otherwise noted in the respective product presentation in the offer:
1. Prepayment via
• Transfer
• PayPal
2. Cash on delivery
4.3 If international shipping is also offered for the respective product, the following payment options are available to the Customer abroad unless otherwise noted in the respective product presentation in the offer:
1. Prepayment via
• Transfer
• PayPal
4.4 For deliveries to countries outside of the European Union, additional costs are incurred in each individual case, such as, for example, additional taxes and/or duties (customs).
4.5 If prepayment has been agreed, payment is due immediately upon conclusion of the contract.
4.7 The Customer is only entitled to set-off if the counterclaim is undisputed, legally determined or recognised by the Seller.
4.8 The Customer may only exercise a right of retention if claims from the same contractual relationship are concerned.
5 Delivery and shipping conditions
5.1 The delivery of goods generally occurs via standard modes of shipping and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated in the Seller's order processing is applicable. By way of exception is the selection of PayPal as the payment method, whereby the delivery address indicated by the Customer in PayPal is applicable.
5.2 If delivery to the Customer is not possible, the contracted delivery company returns the goods to the Seller, whereby the Customer is responsible for the costs of the unsuccessful delivery. This does not apply if the Customer was temporarily prevented from receiving the service offered, unless the Seller had notified the Customer of the service well ahead of time or the Customer hereby exercises the right to withdrawal.
5.3 In principal, the risk of accidental loss or accidental deterioration of the purchased goods are transferred to the Customer or persons authorised to receive the goods upon delivery. If the Customer is an entrepreneur (acting in fulfilment of his/her commercial or self-employed occupational activity; article 14 of the German Civil Code), the risk of accidental loss and accidental deterioration regarding mail order purchases is transferred to an appropriate transport person with the delivery of the goods to the business location of the Seller.
5.4 For entrepreneurs, all agreed upon times for delivery are subject to our own correct and punctual supply in cases where the Seller has concluded a concrete hedging transaction and is not responsible for the lack of availability.
6 Reservation of title
The Seller's delivered goods remain the Seller's property until complete payment has been rendered.
7 Liability for defects
Legal provisions shall apply if the purchased item is defective. The following deviations are applicable:
7.1 For entrepreneurs
• an insignificant defect does not justify claims for defects,
• the Seller is at liberty to choose the method of subsequent fulfilment,
• the statute of limitations for defects amounts to one year after the passing of risk for new goods.
• rights and claims regarding defects are generally excluded for used goods.
• the statute of limitation is not renewed if a replacement is provided within the scope of liability for defects.
7.2 For consumers the statute of limitations for liability for defects amounts to
• two years for new goods from delivery of the goods to the Customer.
• one year for used goods from delivery of the goods to the Customer with the restrictions listed in section 7.3.
7.3 For entrepreneurs and consumers, the preceding liability and statute of limitation restrictions in sections 7.1 and 7.2 do not refer to claims for damages and compensation for expenses that the buyer can assert due to defects according to section 8 and statutory regulations.
7.4 Furthermore, the statutory period of limitations shall remain unaffected for entrepreneurs for the right of recourse according to article 478 of the German Civil Code. The same applies for entrepreneurs and consumers in the case of a deliberate breach of duty and fraudulent concealment of a defect.
7.5 If the Customer is a merchant in the sense of article 1 of the German Commercial Code, s/he is subject to the commercial obligation to inspect and notify according to article 377 of the German Commercial Code. If the Customer refrains from the obligation to notify regulated therein, the goods are considered to be approved.
7.6 If the Customer is a consumer, s/he is asked to claim the delivered goods with obvious transport damages from the deliverer and inform the Seller. If the Customer does not comply, this has no effect on his/her legal or contractual claims for defects.
7.7 If the subsequent fulfilment occurs in the way of replacement, the Customer is obligated to return the initially delivered goods to the Customer within 30 days at his/her own cost. The return shipment of the defective goods is to occur in accordance with statutory regulations.
7.8 An unjustified request for the rectification of a defect according to article 439(1) of the German Civil Code BGB represents a culpable breach of contract entitled to compensation for damages if the buyer recognizes or negligently does not recognize that a defect is not present, but rather s/he is responsible for the cause of the defect for which they are laying claim.
7.9 The Customer shall, in the context of all possibilities, review whether the defect can be traced to a cause that is not attributable to the responsibility of the Seller. If it remains uncertain whether an actual defect is present, the buyer may exercise warranty rights without having to fear liability for damages due to a culpable breach of contract, even if his/her request proves to be unjustified.
8 Liability
8.1 The Seller is liable without restriction on any legal grounds in the case of injury of life, body or health, in the case of wilful intent or gross negligence, and in the case of deceit and warranty, guarantees if liability occurs according to mandatory statutory regulations such as the German Product Liability Act.
8.2 Incidentally, the Seller is liable on any legal grounds as follows:
8.2.1 If the Seller negligently breaches a fundamental contract obligation (so-called cardinal obligation), the obligation of replacement of material damage is limited to foreseeable and typical instances of average damages. Fundamental contract obligations are obligations imposed on the Seller by the contract with regard to its contents for achieving the contractual purpose, the fulfilment of which alone makes possible the proper execution of the contract, and on the compliance with which the Customer may rely as a matter of course.
8.2.2 Provided that the Seller has negligently breached an insignificant contractual obligation, the obligation of replacement is limited to the order value.
9 Applicable Law
9.1 For all legal relations between the parties, the law of the Federal Republic of Germany applies under exclusion of the laws regarding the international purchase of movable objects. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law in the country in which the consumer usually resides.
9.2 If the Customer is a merchant, legal entity under public law or a special fund established under public law, the sole place of jurisdiction for any disputes arising from this contract shall be the location of the Seller's registered office. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or the EU or the Customer's domicile or usual residence is unknown at the point in time the action is commenced. The authority to submit the judgement to a different legal jurisdiction shall remain unaffected.
9.3 The contract language is German.
B. Customer Information
1 Information about the Seller's identity
GK-Film GmbH
Neumühlenstr. 35
D-48361 Beelen / Germany
Fon: +49 (0) 25 86 - 88 17 25
Fax: +49 (0) 25 86 - 88 17 26
eMail: info@gkfilm.de
Web: www.gkfilm.de, www.cinevia.eu
CEO: Gottfried Klose
Register court and commercial register number:
The District Court of Bielefeld HR 37906
VAT-ID No.: DE 813713182
2 Information about the significant characteristics of the goods or service
The significant characteristics of the goods or service result from the respective product description presented by the Seller.
3 Information about the conclusion of the contract
The conclusion of the contract occurs in accordance with section 2 of the General Terms and Conditions of the Seller (see above).
4 Information about payment and delivery
Payment occurs in accordance with section 4 and delivery in accordance with section 5 of the General Terms and Conditions of the Seller (see above).
5 Information about the technical steps that led to conclusion of the contract
The conclusion of the contract occurs through the offer and acceptance thereof.
5.1 If the Customer uses the Seller's online order form for his/her order, s/he submits his/her order as follows:
5.1.1 On the webpage with the Seller's range of products, the Customer in the first step clicks the "Add to basket" button. The contents of the basket are now displayed in the "Shopping Cart" section in the right-side vertical menu bar.
5.1.2 The Customer in the second step then or after s/he has placed other goods in the virtual basket clicks on the "Shopping Cart" button and then on the "Checkout" button. A new page opens if the Customer is not yet registered or logged in. In this intermediate step, the Customer must register and open an account, register for a guest order, or login if they are already registered as a Customer. If s/he is already a registered Customer, s/he fills in the "E-Mail address" and "Password" fields and clicks the "Login" button. If s/he is not yet registered as a Customer, s/he chooses by clicking the "Continue" button in the respective area whether s/he would like to open a Customer account ("New Customer") or place an order as a visitor ("Visitor Order"). S/he then fills out the form and clicks the "Continue" button. The shopping cart page opens again and by clicking on "Checkout", another page opens that displays the shipping address and allows the Customer to select an existing address from the address book in the Customer's account or enter a new address. Furthermore, the Customer can select the desired shipping method with a click of the mouse.
5.1.3 The Customer in the third step then directly or after editing or adding addresses and after selecting the shipping method clicks the "Continue" button.
5.1.4 A new page opens where in the fourth step, the Customer can select the billing address and desired payment method with a click of the mouse. When selecting the billing address, the Customer has the option to select an existing address from the address book in the Customer's account or enter a new address. The Customer must then check off the boxes " I accept the general terms and delivery conditions " and " I have read the withdrawal policy."
5.1.5 In the fifth step, the Customer clicks on the "Continue" button. A new page then opens, which summarizes the order information.
5.1.6 In the sixth step, the Customer clicks the "Confirm order" button.
5.2 Acceptance by the Seller occurs in accordance with section 2.3, the general terms and conditions of the Seller (see above).
6 Information about storing the contract text
The contract text is stored by the Seller and is sent to the Customer after dispatch of the order in addition to the general terms and conditions and customer information in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller's webpage and can be recalled for free by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller's online shop before dispatching his/her order.
7 Information about the technical tools for recognizing and correcting input errors
Before the binding submission of the order, the Customer can continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window before the binding submission of the order and can be corrected there using the standard keyboard and mouse functions.
8 Information about the languages available for the conclusion of the contract
The German language is exclusively available for the conclusion of the contract.
9 Information about codes of conduct to which the Seller is subject
The Seller is not subject to any code of conduct.
1.1 These terms and conditions of GK-Film GmbH (hereafter referred to as "Seller") apply to all contracts concluded by the Customer with the Seller with regard to products and/or services represented in the Seller's online shop. The inclusion of the Customer's own conditions is herewith objected to unless other terms have been stipulated.
1.2 Customers in the sense of section 1.1 are regarded as consumers as well as entrepreneurs, whereby a consumer is every natural entity who enters into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. Conversely, an entrepreneur is to be understood as any natural or legal entity or personal society with legal capacity, which acts in fulfilment of his/her commercial or self-employed occupational activity when concluding the contract.
2 Conclusion of the contract
2.1 The product presentations in the Seller's online shop do not represent binding offers on the part of the Seller, but rather serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit an offer in writing, via telephone, fax, e-mail or the online order form integrated into the Seller's online shop. When placing an order using the online order form, the Customer inputs his/her personal data and submits a binding order with regard to the items in the shopping basket by clicking "Submit order" in the final step of the ordering process.
2.3 The Seller can accept the Customer's offer with a written (letter) or electronically transferred (fax or e-mail) order confirmation or with delivery of the goods within five days. The Seller reserves the right to refuse orders.
2.4 Order processing and contact support generally take place via e-mail and automatic order processing. It is the Customer's responsibility to ensure that the e-mail address s/he provides is accurate in order to be able to receive e-mails from the Seller. Particularly, it is the Customer's responsibility to ensure that the use of SPAM filters does not hinder the delivery of e-mails related to order processing that are sent by the Seller or authorized third parties.
3 Return costs when exercising the right of withdrawal
If the Customer is entitled to a right of withdrawal, s/he is responsible for any standard return shipping costs when exercising the right of withdrawal if the value of the returned goods does not exceed €40 or if the Customer has not provided payment or partial payment at the time of the withdrawal, unless the delivered goods do not correspond to the order. In all other cases, the Seller is responsible for return shipping costs.
4 Prices and payment conditions
4.1 The Seller's indicated prices are final prices. The value added tax is indicated as long as goods are not involved that are subject to differential taxation according to article 25a of the German Value Added Tax Law. Any additional shipping and handling charges incurred will be indicated with the respective product presentation in the offer.
4.2 For deliveries within Germany, the Seller offers the following payment options unless otherwise noted in the respective product presentation in the offer:
1. Prepayment via
• Transfer
• PayPal
2. Cash on delivery
4.3 If international shipping is also offered for the respective product, the following payment options are available to the Customer abroad unless otherwise noted in the respective product presentation in the offer:
1. Prepayment via
• Transfer
• PayPal
4.4 For deliveries to countries outside of the European Union, additional costs are incurred in each individual case, such as, for example, additional taxes and/or duties (customs).
4.5 If prepayment has been agreed, payment is due immediately upon conclusion of the contract.
4.7 The Customer is only entitled to set-off if the counterclaim is undisputed, legally determined or recognised by the Seller.
4.8 The Customer may only exercise a right of retention if claims from the same contractual relationship are concerned.
5 Delivery and shipping conditions
5.1 The delivery of goods generally occurs via standard modes of shipping and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated in the Seller's order processing is applicable. By way of exception is the selection of PayPal as the payment method, whereby the delivery address indicated by the Customer in PayPal is applicable.
5.2 If delivery to the Customer is not possible, the contracted delivery company returns the goods to the Seller, whereby the Customer is responsible for the costs of the unsuccessful delivery. This does not apply if the Customer was temporarily prevented from receiving the service offered, unless the Seller had notified the Customer of the service well ahead of time or the Customer hereby exercises the right to withdrawal.
5.3 In principal, the risk of accidental loss or accidental deterioration of the purchased goods are transferred to the Customer or persons authorised to receive the goods upon delivery. If the Customer is an entrepreneur (acting in fulfilment of his/her commercial or self-employed occupational activity; article 14 of the German Civil Code), the risk of accidental loss and accidental deterioration regarding mail order purchases is transferred to an appropriate transport person with the delivery of the goods to the business location of the Seller.
5.4 For entrepreneurs, all agreed upon times for delivery are subject to our own correct and punctual supply in cases where the Seller has concluded a concrete hedging transaction and is not responsible for the lack of availability.
6 Reservation of title
The Seller's delivered goods remain the Seller's property until complete payment has been rendered.
7 Liability for defects
Legal provisions shall apply if the purchased item is defective. The following deviations are applicable:
7.1 For entrepreneurs
• an insignificant defect does not justify claims for defects,
• the Seller is at liberty to choose the method of subsequent fulfilment,
• the statute of limitations for defects amounts to one year after the passing of risk for new goods.
• rights and claims regarding defects are generally excluded for used goods.
• the statute of limitation is not renewed if a replacement is provided within the scope of liability for defects.
7.2 For consumers the statute of limitations for liability for defects amounts to
• two years for new goods from delivery of the goods to the Customer.
• one year for used goods from delivery of the goods to the Customer with the restrictions listed in section 7.3.
7.3 For entrepreneurs and consumers, the preceding liability and statute of limitation restrictions in sections 7.1 and 7.2 do not refer to claims for damages and compensation for expenses that the buyer can assert due to defects according to section 8 and statutory regulations.
7.4 Furthermore, the statutory period of limitations shall remain unaffected for entrepreneurs for the right of recourse according to article 478 of the German Civil Code. The same applies for entrepreneurs and consumers in the case of a deliberate breach of duty and fraudulent concealment of a defect.
7.5 If the Customer is a merchant in the sense of article 1 of the German Commercial Code, s/he is subject to the commercial obligation to inspect and notify according to article 377 of the German Commercial Code. If the Customer refrains from the obligation to notify regulated therein, the goods are considered to be approved.
7.6 If the Customer is a consumer, s/he is asked to claim the delivered goods with obvious transport damages from the deliverer and inform the Seller. If the Customer does not comply, this has no effect on his/her legal or contractual claims for defects.
7.7 If the subsequent fulfilment occurs in the way of replacement, the Customer is obligated to return the initially delivered goods to the Customer within 30 days at his/her own cost. The return shipment of the defective goods is to occur in accordance with statutory regulations.
7.8 An unjustified request for the rectification of a defect according to article 439(1) of the German Civil Code BGB represents a culpable breach of contract entitled to compensation for damages if the buyer recognizes or negligently does not recognize that a defect is not present, but rather s/he is responsible for the cause of the defect for which they are laying claim.
7.9 The Customer shall, in the context of all possibilities, review whether the defect can be traced to a cause that is not attributable to the responsibility of the Seller. If it remains uncertain whether an actual defect is present, the buyer may exercise warranty rights without having to fear liability for damages due to a culpable breach of contract, even if his/her request proves to be unjustified.
8 Liability
8.1 The Seller is liable without restriction on any legal grounds in the case of injury of life, body or health, in the case of wilful intent or gross negligence, and in the case of deceit and warranty, guarantees if liability occurs according to mandatory statutory regulations such as the German Product Liability Act.
8.2 Incidentally, the Seller is liable on any legal grounds as follows:
8.2.1 If the Seller negligently breaches a fundamental contract obligation (so-called cardinal obligation), the obligation of replacement of material damage is limited to foreseeable and typical instances of average damages. Fundamental contract obligations are obligations imposed on the Seller by the contract with regard to its contents for achieving the contractual purpose, the fulfilment of which alone makes possible the proper execution of the contract, and on the compliance with which the Customer may rely as a matter of course.
8.2.2 Provided that the Seller has negligently breached an insignificant contractual obligation, the obligation of replacement is limited to the order value.
9 Applicable Law
9.1 For all legal relations between the parties, the law of the Federal Republic of Germany applies under exclusion of the laws regarding the international purchase of movable objects. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law in the country in which the consumer usually resides.
9.2 If the Customer is a merchant, legal entity under public law or a special fund established under public law, the sole place of jurisdiction for any disputes arising from this contract shall be the location of the Seller's registered office. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or the EU or the Customer's domicile or usual residence is unknown at the point in time the action is commenced. The authority to submit the judgement to a different legal jurisdiction shall remain unaffected.
9.3 The contract language is German.
B. Customer Information
1 Information about the Seller's identity
GK-Film GmbH
Neumühlenstr. 35
D-48361 Beelen / Germany
Fon: +49 (0) 25 86 - 88 17 25
Fax: +49 (0) 25 86 - 88 17 26
eMail: info@gkfilm.de
Web: www.gkfilm.de, www.cinevia.eu
CEO: Gottfried Klose
Register court and commercial register number:
The District Court of Bielefeld HR 37906
VAT-ID No.: DE 813713182
2 Information about the significant characteristics of the goods or service
The significant characteristics of the goods or service result from the respective product description presented by the Seller.
3 Information about the conclusion of the contract
The conclusion of the contract occurs in accordance with section 2 of the General Terms and Conditions of the Seller (see above).
4 Information about payment and delivery
Payment occurs in accordance with section 4 and delivery in accordance with section 5 of the General Terms and Conditions of the Seller (see above).
5 Information about the technical steps that led to conclusion of the contract
The conclusion of the contract occurs through the offer and acceptance thereof.
5.1 If the Customer uses the Seller's online order form for his/her order, s/he submits his/her order as follows:
5.1.1 On the webpage with the Seller's range of products, the Customer in the first step clicks the "Add to basket" button. The contents of the basket are now displayed in the "Shopping Cart" section in the right-side vertical menu bar.
5.1.2 The Customer in the second step then or after s/he has placed other goods in the virtual basket clicks on the "Shopping Cart" button and then on the "Checkout" button. A new page opens if the Customer is not yet registered or logged in. In this intermediate step, the Customer must register and open an account, register for a guest order, or login if they are already registered as a Customer. If s/he is already a registered Customer, s/he fills in the "E-Mail address" and "Password" fields and clicks the "Login" button. If s/he is not yet registered as a Customer, s/he chooses by clicking the "Continue" button in the respective area whether s/he would like to open a Customer account ("New Customer") or place an order as a visitor ("Visitor Order"). S/he then fills out the form and clicks the "Continue" button. The shopping cart page opens again and by clicking on "Checkout", another page opens that displays the shipping address and allows the Customer to select an existing address from the address book in the Customer's account or enter a new address. Furthermore, the Customer can select the desired shipping method with a click of the mouse.
5.1.3 The Customer in the third step then directly or after editing or adding addresses and after selecting the shipping method clicks the "Continue" button.
5.1.4 A new page opens where in the fourth step, the Customer can select the billing address and desired payment method with a click of the mouse. When selecting the billing address, the Customer has the option to select an existing address from the address book in the Customer's account or enter a new address. The Customer must then check off the boxes " I accept the general terms and delivery conditions " and " I have read the withdrawal policy."
5.1.5 In the fifth step, the Customer clicks on the "Continue" button. A new page then opens, which summarizes the order information.
5.1.6 In the sixth step, the Customer clicks the "Confirm order" button.
5.2 Acceptance by the Seller occurs in accordance with section 2.3, the general terms and conditions of the Seller (see above).
6 Information about storing the contract text
The contract text is stored by the Seller and is sent to the Customer after dispatch of the order in addition to the general terms and conditions and customer information in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller's webpage and can be recalled for free by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller's online shop before dispatching his/her order.
7 Information about the technical tools for recognizing and correcting input errors
Before the binding submission of the order, the Customer can continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window before the binding submission of the order and can be corrected there using the standard keyboard and mouse functions.
8 Information about the languages available for the conclusion of the contract
The German language is exclusively available for the conclusion of the contract.
9 Information about codes of conduct to which the Seller is subject
The Seller is not subject to any code of conduct.
