The DVD / PAL
plus UK shipping 3.50£
plus international shipping 4.00€
The DVD / NTSC-US-Version
plus North America shipping 5.00$
General Terms and Conditions and Customer Information
These General Terms and Conditions (the “GTC”) shall represent the exclusive basis for any legal relationships between
avanti media Film- und Fernsehproduktion oHG
Gneisenaustr. 44/ 45
10961 Berlin, Germany
Geschäftsführung: Frau Edda Baumann-von Broen, Frau Cordula Kablitz-Post
registered with the commercial register of the AG Berlin-Charlottenburg under HRA 40864 B
Tel: +49 30 26 46 134
Fax: +49 30 26 46 136
1. Conclusion of Contract 1.1 avanti media Film- und Fernsehproduktion oHG, Gneisenaustr. 44/ 45, 10961 Berlin, Germany, represented by the Managing Directors Mrs. Edda Baumann-von Broen and Mrs. Cordula Kablitz-Post and registered in the commercial register of the AG (District Court) Berlin-Charlottenburg under HRA 40864 B, shall be the Supplier and contractual partner for any order placed by the Customer. 1.2 The presentation of the goods in the online shop does not represent a binding offer by the Supplier but a request to the Customer to submit such a binding offer.
2. Orders 2.1 Orders placed by the Customer represent a binding offer to conclude a purchase contract with regards to the goods ordered. By clicking on the button “BUY” at the end of the order transaction in the online shop the Customer places such an order to purchase the goods in the shopping cart. Until the Customer clicks on the just-mentioned button, it is possible to change his order and the data submitted along with the order. By clicking on this button, the Customer also accepts these General Terms and Conditions as being exclusively applicable to the legal relationship with the Supplier. 2.2 The Supplier shall confirm the receipt of the Customer’s order in written form (e.g. fax or E-Mail) and inform him on the contractual details. This confirmation of receipt shall not represent a binding acceptance of the order but merely serve to inform the Customer that their order was received by the Supplier. 2.3 A purchase contract shall come into effect by the Supplier sending a confirmation of order to the Customer within three workdays after receipt of the order, or by shipping the ordered goods to the Customer.
3. Prices and Conditions of Payment 3.1 The prices listed in the online shop of the Supplier are final prices containing all price components including taxes (e.g. value added tax). 3.2 There will be delivery and shipping charges for all shipments to the Customer which can be viewed at http://tallgirls-thefilm.com/page/store/ during the order process. 3.3 The Customer can only pay with PayPal for any order and delivery. 3.4 The Customer shall bear any fees resulting from a bank transfer or PayPal payment in addition to the final price and the delivery and shipping costs. 3.5 A hire purchase or a purchase on approval is not possible. The legal right of withdrawal shall remain unaffected thereby.
4. Delivery, Transfer of Risk, Retention of Title 4.1 The delivery shall be effected by shipping the goods to the delivery address indicated by the Customer. 4.2 As a rule, the Supplier shall send the goods ordered and paid within 24 hours (but no later than within five workdays after receipt of payment. 4.3 The delivery of the goods shall be at the risk of the Supplier. The risk of accidental loss or accidental deterioration shall transfer to the Customer upon the handover of the goods; this includes mail order purchases. 4.4 The goods shall remain the property of the Supplier until the purchase price has been paid in full.
5. Warranty 5.1 The Supplier asks the Customer to immediately complain about any obvious material or manufacturing defects on the goods ordered, including damages in transit, if possible within 2 business days after receipt of the goods. Not complaining immediately shall not, however, have any effects on the Customer’s legal rights. 5.2 For any other defects arising within the legal period of warranty, the legal demands for re-fulfillment, correction of faults or additional deliveries shall apply according to the Consumer’s choice, or – when the particular legal conditions are given – the more far-reaching claims to depreciation and withdrawal, or to indemnification, including the compensation of the damage as well as the compensation for wasted efforts.
6. CANCELLATION POLICY Provided that a Customer is consumer according to § 13 BGB he shall have a right of withdrawal in accordance with the relevant statutory provisions and paras. 6.1 to 6.4 of these GTC. No such right of withdrawal exists if the Customer is a businessman according to Sec. 14 BGB that in concluding a legal transaction with the Supplier is acting in the execution of its commercial or independent business activity.
6.1 RIGHT OF WITHDRAWAL
You have the right to cancel your declaration of contract without stating a reason within 14 days in written form (e. g. letter, e-mail) or – if you received the goods before expiry of the term – by returning the goods. The stated period of time starts on receipt of this information in written form, however not before receipt of the goods by the consignee (for recurring consignments of similar goods not before receipt of the first part-delivery), and also not before performance of our obligation of information according to Article 246 Sec. 2 in association with sec 1 para. 1 and 2 EGBGB as well as our obligations according to Sec. 312g para. 1 sentence 1 BGB in conjunction with Article 246 Sec. 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time. The cancellation has to be sent to:
avanti media Film- und Fernsehproduktion oHG
Gneisenaustr. 44/ 45
Fax: +49 30 26 46 136
6.2 AUSSCHLUSS DES WIDERRUFS The right of withdrawal does not apply to contracts for the delivery of goods such as audio and video recordings or software if the delivered record carrier has been unsealed by the Customer.
6.3 CONSEQUENCES OF CANCELLATION In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return or surrender the received goods and services as well as benefits enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use or the deterioration of the goods is due to a handling of the goods which exceeds the testing of the properties and the functionality. “Testing of the properties and functionality” means examining and trying out the goods as it is possible and usual to do for instance in a retail shop. Goods that can be dispatched as parcels have to be returned at our risk. You have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of EUR 40.00 including VAT (sales tax), or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges. Goods that cannot be returned as parcels will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts for you with the dispatch of your declaration of cancellation or of the good, for us with their receipt.
6.4 AGREEMENT ON THE COSTS FOR THE RETURN OF GOODS
Should you choose to exercise your right of withdrawal, you have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of EUR 40.00 including VAT (sales tax), or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges.
END OF CANCELLATION POLICY
7. Data Protection Statement 7.1 The use of personal data provided by the Customer shall be carried out in compliance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetz, TMG). 7.2 Personal Customer data shall only be collected insofar as the Customer voluntarily provides such data by using the online shop. Personal data shall only be processed and passed on to third parties if such action is necessary to fulfill the contract between the Supplier and the Customer. Accordingly, the data shall be provided to the shipping company and – if necessary – to the bank processing payment (PayPal). Beyond that, none of such details shall be passed on to any third party. 7.3 The Customer shall be entitled to information about their stored data free of charge as well as a right to rectification, refusal of access or deletion of their data where appropriate. 7.4 For questions regarding the collection, processing or use of personal data and for information, amendment, blocking or deletion of data and the revocation of consent granted the Customer can contact the Supplier under the address given above.
8. Final Provisions 8.1 This Agreement is governed by the laws of the Federal Republic of Germany excluding UN sales law. The applicability of binding legislation of the state in which the Customer is habitually resident shall remain unaffected by this choice of law. 8.2 The place of jurisdiction for all disputes arising from the contractual relationship is exclusively the Supplier’s registered office in berlin, if the Customer is a businessman as defined by Sec. 14 BGB. Instead of bringing an action before the arbitral tribunal, the Supplier is also entitled to bring an action before the courts having jurisdiction at the Customer's place of business, or before other courts having jurisdiction according to law. The same place of jurisdiction applies if the Customer does not have any general place of jurisdiction in Germany, relocates his domicile or customary place of residence from Germany after conclusion of the contract or his domicile or customary place of residence is not known at the time that the action is brought. In all other cases the place of jurisdiction shall be determined by the generally applicable laws and regulations.
Berlin, November 2012
© avanti media Film- und Fernsehproduktion oHG