Section 1 Scope and provider
These General Terms and Conditions apply to all orders placed with the online shop of the
Filmgsindl GmbH, Prinzregentenstr. 120, 81677 Munich, Managing Partner: Tom Niedermayr
- The range of goods on offer in our online shop is aimed exclusively at buyers who are over the age of 18
- Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of a customer’s general terms and conditions that contradict our General Terms and Conditions is already
- Contract language is exclusively
- You can view and print the current terms and conditions on the https://starteve.ai/agb/ website.
Section 2 Conclusion of the contract
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to store goods in the online shop.
- By clicking on the button [“Start” / “Buy”] you make a binding purchase offer (Section 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
- Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This acknowledgement of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the acknowledgement of receipt.
- A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express declaration of acceptance. Exception: in case of payment with prepayment and PayPal, the order is accepted immediately with your order.
Section 3 Prices
The prices listed on the product pages include the statutory value added tax and other price components.
Section 4 Terms of Payment; Default
- Payment can be made by: invoice by prepayment, direct bank transfer, credit card, Paypal or direct debit.
- It is up to us to select the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example to hedge our credit risk only
- If you select the payment method in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
- When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time when we ship the goods to you.
- When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. For more information, please contact
during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
- In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of account coverage or due to data of the bank details that you have incorrectly transmitted.
- If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the delay occurs, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage has been proven in individual cases.
Section 5 Set-off/Right of Retention
You are only entitled to set-off if your counterclaim has been legally established, is not disputed or recognised by us, or is in a close synallagmatic relationship with our claim.
- You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Section 6 Delivery; Ownership
Unless otherwise agreed, the delivery of the goods shall be made from our warehouse to the
- The goods remain our property until full payment of the purchase price.
- Exceptionally, we are not obliged to deliver the ordered goods if we have ordered the goods correctly on our part, but have not been delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of goods availability and that you have informed you immediately about this fact. In addition, we must not have taken on the risk of sourcing the ordered goods. If the goods are unavailable, we will refund payments already made to you immediately. We do not assume the risk of having to procure an ordered goods (procurement risk). This also applies to the ordering of goods which are described only in their nature and characteristics (generic goods). We are only available for delivery from our stock of goods and the goods ordered by us from our suppliers
- If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition:
- We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed.
Prior to the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you are already ceiving to us all claims in the amount of the invoice amount that you may have arising from the resale. We accept the assignment, but you are authorized to collect the receivables. If you do not properly meet your payment obligations, we reserve the right to
- In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed goods at the time of
- We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10. The selection of the collateral to be released is the responsibility of the
Section 7 Revocation Instruction
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make the purchase for purposes that cannot be attributed primarily to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions. .
The right of withdrawal does not exist at the time of delivery
- goods that are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) ,
- sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- goods, if they were inseparably mixed with other goods after delivery on the basis of their nature,
- sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- newspapers, magazines or magazines, with the exception of subscription contracts.
- Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide sufficient protection against transport damage with appropriate packaging to ensure that claims for damages due to damage caused by defective packaging are
- Please call us before returning on +49 89 215 500 910 to announce the return. In this way, you enable us to assign the products as quickly as possible.
- Please note that the modalities referred to in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
Section 8 Warranty
Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (Section 433 et seq. BGB).
- If you are a consumer within the meaning of Section 3 of the German Civil Code (BGB), the liability period for warranty claims for used goods – by way of derogation from the statutory provisions – is one year. This limitation does not apply to claims arising from damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place. and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims arising from other damages resulting from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
- In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with 438 paragraph 1 No. 3 BGB.
- If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer’s product description are binding on the quality of the goods, but not public advertisements and statements and other advertising of the
- You are obligated to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects subsequently found from discovery. In the event of a breach of the obligation to investigate and complain, the assertion of the warranty claims shall be
- In the event of defects, we shall, at our option, provide warranty by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction at your choice or withdraw from the contract.
- The warranty period is one year from the delivery of the
Section 9 Liability
Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the foregoing negligence, we shall be liable for damages resulting from injury to the life, body and health of persons.
- In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you can be trusted on a regular basis (cardinal obligation). Liability for slight negligence is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of our vicarious agents.
Section 10 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to your online order without the intervention of a court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
We make every effort to resolve any differences of opinion abased agreement with in our contract. In addition, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you to participate in such a procedure.
Section 11 Final Provisions
Should one or more provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the other provisions.
- Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you are usually present shall remain unaffected by the choice of law.
- If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.
As of: 01, 2019