GTSD General terms and conditions
General Terms of Business
For the use of the ARRI webshop of
admixx GmbH Werbemittel Systemhaus
legally represented by the Managing Directors Norbert Alt, Raimund Alt, Heinrich Busch
Alte Landstr. 12 – 14, D 85521 Ottobrunn
Register of companies: AG München HRB 68956
VAT identification number: DE 129 445 457
You may print out and save these documents. For details concerning how we save your details, please refer to Section 2 of these General Terms of Business.
Please refer to the legally required notification concerning the right of cancellation for users in distance selling, to be found in Section 8 of these General Terms of Business.
1. Contractual partner and applicability:
1.1 The contractual partner for all of the services offered on this website is admixx GmbH exclusively.
1.2 For all contracts, deliveries and other services of the company admixx GmbH, the present General Terms of Business shall apply in the version that is valid at the time when the order is placed.
1.3 Any divergent terms of business of the customer, in particular General Terms of Business, shall not be recognised. They shall only form terms of the contract, if they are expressly confirmed by us in writing.
1.3 Upon registration in accordance with No. 2 of these General Terms of Business and every time you log in to our website you acknowledge these Terms of Business in the relevant valid version, which is exclusively authoritative.
2. User registration:
2.1 The business relationship between you and us requires a registration, which takes place free of charge. This does not represent any right to gain access to our trading system. You can ask for your entry to be deleted again at any time. Your registration with us does not represent any obligation of any kind to purchase in respect of the goods offered by us.
2.2 If your personal details change, it shall be your own responsibility to keep them updated.
3. Data protection:
3.1 We use the personal data provided to us by you in accordance with the provisions of German Data Protection legislation.
Your personal data is saved on data carriers. You hereby expressly authorise the retrieval, processing and use of your personal data.
3.2 The personal data saved is treated as confidential by us.
Your personal data will be used exclusively to process contracts concluded between us. We will also use this usage data for the purposes of advertising, market research or for the appropriate configuration of our distance selling services for the creation of user profiles by means of anonymised data.
During data processing your details that require protection will be handled in accordance with the legal provisions.
3.3 Note: You can at any time object to or withdraw your consent for the use, processing or transmission of your data for marketing purposes by notifying admixx GmbH Werbemittel Systemhaus, Alte Landstr. 12 – 14, D-85521 Ottobrunn, Germany.
Upon receipt of your objection or withdrawal of consent, we will no longer use or process the data concerned for marketing purposes, and cancel immediately any further dispatch of advertising materials including our catalogue, and/or no longer forward your data for marketing purposes.
In the course of on-going order transactions, this deletion shall only take place after the order transaction has been completed.
4. Conclusion of contract:
4.1 The presentation of our goods is not binding and does not represent any binding offer on our part. Only the ordering of goods by you is a binding offer in accordance with § 145 BGB (Bürgerliches Gesetzbuch = German Civil Code). You can identify any incorrect information provided when your order is submitted by means of the final confirmation before proceeding to the check-out, and you are able to correct any errors at any time before the order is sent.
4.2 Deviations and technical modifications are possible in relation to the pictures or descriptions provided by us. All information on this website becomes invalid when a new version is published.
4.3 After your order has been placed, you will receive a computer-generated confirmation, which includes a list of the goods ordered, but does not represent any acceptance of your offer. The acceptance of your offer takes place when the order value is debited from the account that you have indicated.
5. Terms of payment:
The purchase price is immediately payable when the order is placed. You can either pay by pre-payment.
To view YOUR OWN terms of payment please login.
6. Conditions of delivery:
6.1 All prices indicated for users include statutory value added tax.
6.2 We supply the goods in accordance with the agreements that you have entered into. The goods are delivered to the address stated by you. admixx GmbH reserves the right to make a partial delivery, if this seems to be in the interests of the prompt processing of your order. If you would prefer specials types of delivery, these will be charged for by means of the locally applicable supplement.
6.3 If the goods ordered by you are not available, we reserve the right not to provide the service.
7. Delivery times:
7.1 Any information concerning the deadline for delivery is not binding, unless the deadline for delivery was stated to be binding by admixx GmbH as an exceptional case.
7.2 As a rule, the admixx GmbH company dispatches goods that are available in the warehouse within three working days following the successful transfer of the total amount from your account. If the goods are not in stock when the ordered is placed, admixx GmbH will make every effort to deliver the goods as soon as possible. This period shall be extended, if any failure to adhere to the period is due to force majeure, industrial action, unforeseeable hindrances or other circumstances that are beyond the control of admixx GmbH.
7.3 If we fail to complete the delivery of the goods or do not deliver goods in accordance with this contract, you are obliged to grant us an extension period of two weeks in order to perform the service. Otherwise you are not entitled to withdraw from the contract.
8. Right of cancellation:
8.1 In so far as you are a user, in other words a natural person that concludes a legal transaction for a purpose, which can be attributed neither to his commercial nor his personal professional activity, you have the legal opportunity to revoke the contract concluded between us within two weeks after receipt of the goods without stating any reasons. This cancellation must be submitted in writing, in electronic form or by returning the goods to us. In order to adhere to the cancellation period it is sufficient to forward the notice of cancellation within the deadlines.
8.2 This right of cancellation does not apply to contracts for the supply of goods that we have produced on the basis of your specifications, or which were clearly adapted to suit your personal needs, or which are not able to be returned due to their nature or which may quickly deteriorate, or the expiry date of which would be exceeded. Nor does the right of return apply to the delivery of audio or video recordings or software, if you have broken the seal on the data carriers.
8.3 After the effective exercise of the right of cancellation, you are bound to return the goods, if the goods can be sent by parcel. This return of goods shall be at our risk and our expense, provided the value of the goods returned is not less than the gross price of € 99.00. If this is the case, you are required to bear the cost of returning the goods.
8.4 The cancellation should be sent to:
admixx GmbH Werbemittel Systemhaus, Alte Landstr. 12 – 14, D-85521 Ottobrunn.
8.5 In the event of an effective exercise of the right of cancellation the services received by both parties shall be returned and, if appropriate, uses (e.g. advantages of use) surrendered. In the event of any deterioration of the goods, compensation for loss of value can be claimed. This does not apply if the deterioration of the goods can be ascribed exclusively to the inspection of the goods, which you would have been able to carry out in a normal retail store. Otherwise, you can avoid the obligation to pay compensation for loss of value, if you refrain from using the goods as their owner and refrain from any use that would compromise their value.
The right to cancel the contract exists independently of your guarantee rights, provided the goods are defective (Please see No. 9 of the General Terms of Business).
All information concerning the goods on this website is provided purely for information purposes. In relation to the nature and scope of the delivery only the information included in the order confirmation shall be decisive.
If a defect is present, which is subject to a guarantee, you are entitled within the framework of the legal provisions to claim subsequent performance, to withdraw from the contract or to reduce the purchase price.
The legal guarantee period is two years and begins upon receipt of the goods.
10.1 Other than damages arising through harm to life, body and health, we are only liable for damages incurred due to the intentional or grossly negligent conduct or culpable violation of a significant contractual obligation by ourselves or our agents, e.g. the delivery service. Any additional liability for compensation is excluded. The provisions of the product liability law remain unaffected.
10.2 The communication of data over the Internet cannot be guaranteed to be without errors and/or available at any time, due to current technological standards. We therefore do not accept liability either for the permanent and uninterrupted availability of our on-line trading system, or for any technical and electronic faults that may occur during a sales transaction, which are beyond our control, and in particular for the delayed processing or acceptance of offers.
11. Final provisions:
11.1 The business relationships between you and us are subject to the Law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 The language to be used for the conclusion of contracts shall be exclusively German.
11.3 The place of jurisdiction shall be Munich, in so far as the customer is a dealer or a legal person governed by public law or public law special funds.
11.4 Any amendments or additions to these terms of business shall require the written form. This also applies to the cancellation of this requirement of the written form.
11.5 If any individual provisions of this contract should be ineffective or contradict the legal regulations, the remainder of the contract shall remain unaffected. The ineffective provision shall be replaced by joint agreement of the contractual parties by such a provision, which shall resemble as closely as possible the economic meaning and purpose of the ineffective provision in a legally effective manner. The present stipulation applies correspondingly to regulatory gaps.
AGB admixx GmbH for the use of the ARRI webshop, version: August 2009