Conditions of Use
General Terms and Conditions
On sending your order, our General Terms and Conditions become legally binding.
General Terms and Conditions of “movie-inter.com”
Section (§) 1 – General, scope
(1) Mr. Olaf Michalke (hereinafter referred to as Seller) offers, for industrial or business purposes, special effect equipment and other electronic devices for the film industry as well as accessories etc. on the Web site www.movie-inter.com.
(2) All contracts which are concluded on the Web site between the Seller and the Customer shall be based exclusively on these General Terms and Conditions. Any general terms and conditions of the Customer which conflict with provisions of these General Terms and Conditions are hereby expressly contradicted.
(3) The offer shall apply exclusively to customers engaged in commercial activity.
Section (§) 2 – Formation and object of contract
The presentation of the products in the online shop does not constitute any legally binding offer, but merely an invitation to place an order. Errors and alterations shall be excepted. By the act of sending the order, the Customer makes a binding offer. The contract of sale shall only be brought about by the Seller’s explicit declaration of acceptance in the form of a confirmation e-mail or by the delivery.
(Section (§) 3 – Prices – terms of payment
The purchase price to be paid by the Customer for an article offered shall result from the fixed price stated by the Seller in the inserted description of the article. The Seller shall reserve the right to correct any apparent errors. Unless specified otherwise by the description of the article, the prices shall be paid in EUROS ex seat of the company, exclusive of packaging and forwarding costs. Delivery shall be effected throughout the world. As a rule, the time of delivery shall be 5 to 8 working days. Any different times of delivery shall be indicated by us on the respective product site. In the event that the product ordered should not be available in good time, owing to the fact that we did not receive this product from our supplier in good time, we will inform you immediately to this effect. The goods shall be forwarded on the terms shown in the list of forwarding charges. You shall be informed on demand about the forwarding charges for deliveries to further countries. The prices indicated are net prices exclusive of value added tax (VAT). The value added tax legally applicable on the day of invoicing shall be stated separately in the invoice. The goods shall be forwarded against advance payment by transfer, credit card payment. Please do not forget to indicate the order number when making payments.
Section (§) 4 – Contract settlement
Customers who have acquired an article from the Seller, shall receive, immediately after the sale, an e-mail (first-contact e-mail) in which all details of the contract concluded which have been stored by the Seller shall be summed up once again. By this first-contact e-mail, the Customer shall receive the Seller’s banking account details.
Section (§) 5 – The Customer’s obligation to co-operate
The Customer shall make sure that his personal data communicated to the Seller on conclusion of the contract for the purpose of contract performance, in particular, his available e-mail address and delivery address, are correct. In addition to this, the Customer shall guarantee that e-mail reception at the e-mail address indicated by him is technically possible and is not foiled, for example, as a result of forwarding, shutdown or exceeding of capacity limits. The Customer shall be obliged to present to the Seller, on demand, an application of registration of his trade or business.
Section (§) 6 – Delivery of goods
The fulfilment of our obligation to deliver shall presuppose the fact that the Customer has duly fulfilled his obligation in good time. The defence of non-performance of the contract shall be reserved. The non-observance of delivery dates or the impossibility of observance of delivery dates because of total or partial non-availability of the goods shall entitle the Customer, after the lapse of a reasonable extension granted by him, to withdraw from the contract. In the event that the non-observance of a time of delivery or time of performance should be due to force majeure, acts of God, strikes, unforeseeable obstacles or any other circumstances beyond the Seller’s control, there shall be a reasonable extension of the time of delivery. Should the delivery of the performance not be possible even during this period, then the Customer shall have the right to withdraw from the contract. In such a case, any further rights of the Customer shall not exist, unless the belated delivery or the non-delivery is due to the Seller’s intention or the latter’s gross negligence. Partial deliveries are possible to the extent that the Customer can be reasonably required to accept them.
Section (§) 7 – Reservation of ownership
The goods shall remain the Seller’s property up to the moment when the Customer has met all legitimate claims to him resulting from the business relations, in particular,
with regard to payment.
Section (§) 9 Right and consequences of revocation – information for consumers concerning revocation
Costs incurred for returning the goods
Should you make use of your right of revocation, you will have to bear the regular costs incurred for returning the goods, if the goods delivered are in conformity with the articles ordered and if the price of the article to be returned does not exceed the amount of 40 euros or, in case of a higher price of the article, if you have not yet made the counter-performance or contractual part payment at the time of revocation. Otherwise you do not have to pay any costs for returning the goods.
You shall be entitled to revoke your declaration of conclusion of the contract, without stating any reasons to this effect, in writing (for example, in the form of a letter, a fax or an e-mail) within 14 days or – if the article is sent to you before expiry of the time-limit – by returning the article. The period shall commence on receiving this written information. To observe the time-limit for revocation it shall be sufficient for you to send the revocation or return the article in good time. The revocation shall be sent to the following address: movie-intercom LightingFX Tools Olaf Michalke, Urbanstr. 171b, 10961 Berlin, Germany email@example.com Fax 030-22320571
Consequences of revocation
In case of a legally effective revocation, the performances received by both sides shall have to be granted back, and any uses (for example, interest) shall have to be returned. In the event that you should not be able to re-grant to us the performance received, in total or partially or only in a deteriorated state, you shall be required to pay compensation to us correspondingly. If goods are returned, this shall not apply if the deterioration of the goods is exclusively due to their examination –as it would have been possible for you, for instance, in a shop. Incidentally, you may avoid the obligation to pay compensation as a consequence of deterioration resulting from the proper use of the article by not using it as your own property and by avoiding any action that could reduce its value.
You shall have to bear the costs of returning the goods, if the goods delivered are in conformity with the goods ordered and if the price of the article to be returned does not exceed the amount of 40 euros or if, in case of a higher price of the article, you have not yet made the counter-performance or the contractual part payment by the time of revocation. Otherwise you do not have to pay any costs incurred for returning the goods. Any goods ready for dispatch by parcel shall have to be returned to us at our cost and risk. Any goods that are not ready for dispatch by parcel will be collected from your address. Any obligations to reimburse payments shall have to be met within 30 days. The period shall commence for you at the moment of sending your declaration of revocation or the article; for us, it shall commence at the moment of receiving the article. Exclusion of the right of revocation. There shall be no right of revocation in case of long-distance sales contracts for the delivery of goods made to
Customer’s specification or clearly tailor-made according to personal requirements or which, by virtue of their nature or condition, are not suited for returning or which are easily perishable or whose best-before date would be exceeded.
--------------- End of information with regard to revocation -------------
1. Please avoid any damaging or soiling of the goods. If possible, return the articles in their original packing material with all accessories and with all components of packaging to our address. If necessary, use protective external packaging. If you do not possess the original packing material, please use suitable packaging to protect the goods adequately against transport damage.
2. Please do not return the goods postage unpaid, if possible. We will be quite prepared to reimburse postage costs in advance, unless postage has to be borne by yourself.
3. Please note that the above-mentioned provisions 1 and 2 are no preconditions of legally effective use of the right of revocation, but are merely requests which make it easier for us to settle revocation.
Claims based on warranty are governed by the applicable legal provisions.
Product pictures may show colour variations from the original. These colour variations may have been caused by the screen settings of your computer. In addition to the legal warranty, movie-intercom LightingFX Tools offer one more year, i.e. a total warranty period of three years, on all movie-intercom products. For any products made by third party manufacturers, such as RC4, the legal warranty period of two years continues to be applicable.
Section (§) 10 – Clause restricting liability. According to legal provisions, the Seller shall be absolutely liable for any damage resulting from any injury to life, body or health based on any intentional or negligent failure to comply with his duty as well as
any other damage based on any intentional or grossly negligent failure to comply with his duty or on fraudulent intent. In addition to this, the Seller shall be absolutely liable for any damage comprised by liability in accordance with imperative legal provisions, such as the Product Liability Law, as well as in case of assumption of guarantees.
For any damage not comprised by (1) and caused by simple or slight negligence, the Seller shall be liable to the extent that such negligence concerns the violation of contractual obligations whose performance make it possible for the contract to be implemented in the first place and on whose observance the Customer may regularly rely (so-called cardinal duties). In this context, the Seller’s liability shall be restricted to any typical foreseeable damage.
In case of slightly negligent violations of such contractual obligations which are not covered by (1) or (2) (so-called irrelevant contractual obligations), the Seller shall be liable to consumers – in a way which is restricted to any typical foreseeable damage.
Any further liability shall be excluded. In particular, the Seller shall not be liable for any application errors either.
Section (§) 11 – Data storage. The Customer’s data shall exclusively be stored and processed for the purpose of purchase settlement, i.e. by observing the relevant legal provisions. The Customer shall, at any time, be entitled to information, disconnection and deletion of his stored data free of charge. The Customer shall submit his request for inspection or alteration of the data by making a written application by e-mail or letter addressed to the Seller. Any person-related data including the home and e-mail addresses shall not be forwarded to any third parties without the Customer’s explicit consent, which can be revoked by him at any time. This does not apply to any service partners who require the forwarding of data for the purpose of order processing (for example, the transport company charged with delivering the goods and the credit institution or bank charged with payment operations to this effect). In this context, the volume of the data forwarded shall be restricted, however, to the necessary minimum.
Section (§) 12 – Applicable law and venue
The applicable law shall be exclusively the law of the Federal Republic of Germany
to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). (2) If the Customer is a Kaufmann (merchant) within the meaning of the HGB (Commercial Code), a legal person under public law or a separate fund under public law, then the exclusive venue shall be the Seller’s principal place of business.
Information about the requirement to take packaging and batteries back
(Section (§) 13 - Regulations pertaining to Packaging and Batteries
In accordance with the provisions of the Regulations pertaining to Packaging we are obliged to take back any packaging of our products which does not bear the mark of a system of comprehensive disposal (such as the “Green Dot” of the Duales System Deutschland AG or the “RESY” symbol) and to provide for its recycling or disposal. For further clarification of returning such products please do not hesitate to contact us. Contact: movie-intercom LightingFX Tools Olaf Michalke Urbanstr. 171b, 10961 Berlin, Germany shop (at) move-inter.com Fax 030-22320571.
We will then inform you about a local collecting point or a disposal company in your vicinity which will take the packaging free of charge. If this is not possible, you will have the opportunity of sending the packaging to our address. We will then recycle or dispose of the packaging in accordance with the provisions of the Regulations pertaining to Packaging.
Regulations pertaining to Batteries
Information about the return of batteries in accordance with Section (§) 12 of the Regulations pertaining to Batteries (BatterieVO): In connection with the distribution of
batteries or rechargeable batteries we are obliged to draw your attention to the following facts in accordance with the Regulations pertaining to Batteries: Batteries must not be disposed of by throwing them into the domestic rubbish. As ultimate consumer you are legally required to return any used batteries. You may return batteries after use, free of charge, to the sales outlet or in their immediate vicinity (for example, at local collecting points or on business premises). It is also possible for you to return batteries to us by post to the following address: movie-intercom LightingFX Tools Olaf Michalke Urbanstr. 171b, 10961 Berlin, Germany. Any batteries or rechargeable batteries containing harmful substances are marked with the symbol of a crossed out dustbin.
Near the dustbin symbol is the chemical symbol of the harmful substance. Cd means cadmium, Pb means lead and Hg means mercury.
Prepared and examined by Straeter & Kollegen, Attorneys-at-law, Münster