General Terms and Conditions of Business myVideoMedia GmbH for the delivery of products
For special conditions of business for services (as of 1.6.2003)
1. Order and Delivery of Products
1.1 myVideoMedia GmbH operates as an internetshop, which enables it to take up orders of products via its dynamic website.
1.2 An order is held valid if not cancelled within a week of its placement. The aforementioned set term of a week can be prologned by an “out of office” notification
1.3 Orders such as CD´s, DVD`s and Videos are generally executed within a week of placement thereof, without assurance. With orders of CDs DVDs, Videos etc., which must first be made available by the company, the time of delivery is prolonged correspondingly, provided that products are delivered promptly and correctly to the company itself. In case delivery is not possible or considerably postponed myVideoMedia GmbH will give immediate notice to the customer.
1.4 myVideoMedia GmbH can, without reason, decline any order of a customer, especially if said customer has before transgressed against the General Conditions of Business. In this case objections and demands of any kind by the customer are impossible.
You are not bound to your order, if you cancel it within one month of receiving the product. The cancellation does not have to mention any reasons, but needs to be in writing on another permanent data medium or by reconsignment. To keep to the aforementioned timeframe of cancellation, in due time post your reconsignment. We are obliged to reimburse various payments and you are obliged to send back your order at our cost and risk.
The reconsignment costs are selfcarrying up to the amount of Euro 40,00,-. Right of cancellation does not apply to Audio or Video material (e.g. CDs, Videocasettes, DVDs, Blu-rays or other data media) if their seal is broken.
3. Prices, Packaging
3.1 All prices are quoted including the legal sales tax and excluding the dispatch charges. Orders into EU countries are delivered without sales tax, if the customer provides his sales tax identification number. Deliveries to non EU countries are free of sales tax and duty free. The prices are set at the time of order as given in our catalogue and our website.
The prices in the catalogue, become void when a new catalogue is published. For orders via the website the prices given on the site at that time are valid.
3.2 The dispatch charges are given in the dispatch charge table.The dispatch charges include legal sales tax.
4. Conditions of Payment
4.1 For deliveries via the website, payment can be made either by cash on delivery or credit card. The Charges for cash on delivery are added to the sales price. Deliveries into outer- European countries can only be made by advanced payment.
4.2 In case of delayed payment myVideoMedia GmbH is entitled to calculate delay charges based on §288 BGB. Furthermore myVideoMedia GmbH is entitled to demand additional costs arising when cash on delivery is not accepted. (Return costs, packaging, except if a valid cancellation has been made).
5. Risk of Loss
The risk lies with the customer as soon as an order is transferred to or taken over by another party for delivery. On demand of the customer orders can be insured in his name and at his expense
6. Conditional Sale
6.1 Until all current and future demands, which myVideoMedia GmbH can legally claim, are met, any delivered products remain property of the company
6.2 These products may not be used by the consumer.
6.3 In the case of interference of a third party, especially by a bailiff on these products the customer has to point out the ownership of myVideoMedia GmbH and has to inform the company immediately, so that the company can assert its right of ownership.
7. Privacy of Personal Information
Personal information is saved in order to wind up the contract relationship and for purposes of advertising. myVideoMedia GmbH will follow the legal requirements of the protection of privacy. On demand, personal information will not be used for direct marketing.
8. Non- disclosure
Any revealed confidential company information, which is marked or obvious as such of the contract partner will be handled confidentially, also after completion of the contractional relationship
9. Trademark Rights
9.1 The content of products such as CDs, DVDs, Blu-rays, Videos is protected by copyright. Right of usage is limited as indicated on the product
9.2 The customer agrees to be obliged, not to undertake any actions, which injure on the rights of myVideoMedia GmbH and especially to ensure the non- interference of any third party on these rights
9.3 Copying, distribution and tempering of any sort is only allowed if arranged with the company and agreed upon in writing
10.1 Liability for intended negligence is unlimited. In case of intended negligence, myVideoMedia GmbH is liable for typical damages foreseen by contract.
10.2 In case of minor intended negligence myVideoMedia GmbH is only liable for violation of contractual responsability or damages by defects of title and lack of assured characteristics in an individual case, up to the amount of 1000 â‚¬.
10.3 Personal loss or damage to privately used products according to the “Product Liability Law” are not taken into account
10.4 myVideoMedia GmbH cannot be held responsible for delayed delivery, especially because of factors not influenceable by the company, individual conflict, measures taken by the authorities, unforeseen unavailability of transport or lack of energy and other unavoidable occurences, also if these circumstances can be accredited to a sub- contractor of myVideoMedia GmbH. In this case the company is not obliged to provide full service.
10.5 Liability for cosequential damage is restricted to intended or negligently caused damage, if no assurances were given to prevent or compensate such damage.
10.6 For damages caused by a special request of the customer, myVideoMedia GmbH is not liable, no matter by which legal claim, as far as myVideoMedia GmbH could not recognise the risk of damage. If myVideoMedia GmbH. pointed out a possible risk of damage and the customer still claims right of compensation due to reasons of instructions of execution, any compensation is not possible.
11. Responsability for Examination
11.1 Reprimands are to be made within a week of delivery to myVideoMedia GmbH
11.2 If the duty to examine and to reprimand is violated, the delivery is seen as granted.
12.1 These conditions of business are valid between the company and any customer in all cases of business relations between these two parties even if not individually offered to any such customer.
12.2 These conditions are agreed to as soon as services of myVideoMedia GmbH are taken up. Any conditions of business the customer might add do not apply.
12.3 Should the company intend to change any conditions of service it will notify the customer accordingly and give him the opportunity to object to such changes within the time of two weeks.
12.4 Should the customer oppose aforementioned changes the company can either uphold or cancel any contract when these changes fall into place.
12.5 If any deviations of these conditions of business are agreed upon, this needs to be done in written form. Place of settlement for deliveries and services and payment of myVideoMedia GmbH is Altrich
12.6 Exclusive place of jurisdiction is Wittlich. This declaration is valid for non-businessmen only for lack of a domestic jurisdiction. The law of Germany applies.
12.7 Should individual agreements of the business conditions proove invalid, the validity of the remaining agreements is not osculated by that.
12.8 Secondary agreements or deviations from these general business conditions need written form. Secondary agreements are not made.
12.9 In the case of the inefficacy of individual agreements of this contract or the general business conditions or should they be incomplete the validity of the remaining agreements remains unchallenged. An inefficient arrangement is replaced by such which is efficient and closest matches the found agreement economically. The same is valid for the case, where individual aspects are not prearranged.
12.10 German right is valid under exclusion of the UN purchase right
Altrich, the 1.11.2009