General Terms and Conditions in Online shop from Cinetopolis with Right of Revocation

Summary

§1 General, Scope
§2 Execution of Contract
§3 Payment, payment date, payment default
§4 Delivery
§5 Retention of Title
§6 Price
§7 Withdrawal
§8 Warranty
§9 Limitation of Liability
§10 Privacy and Data Protection
§11 Battery Ordinance
§12 Right of Revocation, Revocation Instruction, Revocation Consequences
§13 Severability Clause
§14 Further Provisions
 

These general terms and conditions of business govern the contractual relationship between “CINETOPOLIS” and the individual persons (hereafter referred to as buyer), that use the website “CINETOPOLIS”.  The general terms and conditions apply to the use of the website www.cinetopolis.de , as well as all subdomains that are affiliated with the web site.
 

The offer of merchandise from “CINETOPOLIS” in the Internet provides to the buyer an unbinding solicitation to order goods from “CINETOPOLIS”.  The presentation of the products in the online shop is not a lawfully binding offer, but rather a solicitation for an order.  All offers are effective “as long as stock lasts”, unless otherwise noted by the product.  This is subject to errors.
The placement of an order by the buyer for the designated product renders a binding sales agreement.
“CINETOPOLIS” is authorized to accept the buyer’s offer to purchase by sending an order confirmation within 2 days.  The order confirmation is communicated via e-mail.  When there is no successful event within the time period stated in sentence 1, the offer to purchase is considered refused.
Further details regarding the technological steps that bring about the execution of the contract can be read in §10 of the Data Privacy statement.
Orders are only possible in English or German.
Corrections from data entry errors in an order:  The buyer is given the possibility to review and edit his complete order information once more before the final sending of the order.


§ 3 Payment, payment date, payment default

The seller ships the ordered merchandise using contracted postal delivery service to the delivery address provided by the customer.  The incidental shipping costs are in each case specified in the description of goods of the offered merchandise, as well as in the order confirmation.   The buyer carries the shipping costs, as long as nothing else is stated.  For an order with a value of less than € 75, a flat-rate of €4.95 for shipping costs is calculated.  For an order with a gross value of €75 or more, the merchandise is shipped free of shipping charges within Germany.  For international shipments, as long as nothing else is stated, the prices for packaging and shipping are separately calculated based on weight.  When the buyer requests a special type of shipment where higher shipping costs apply, the buyer must also carry these additional costs.
When the ordered product is not available due to non- delivery from our supplier, through no fault of our own, we can withdraw from the contract.  In this case, we will immediately inform you and where applicable suggest a comparable product.  When a comparable product is not available, or you do not wish delivery of a comparable product, you will be reimbursed immediately for any already effected consideration.
 

The merchandise shall remain the property of “CINETOPOLIS” until all payments are made in full.  The pledging or assigning of the merchandise as collateral, or modification or transformation of the merchandise before transfer of title is not permissible without the express agreement of “CINETOPOLIS”.

The respective price provided for the merchandise is calculated as the end price including potential VAT and further price components.  The price does not include the shipping and handling costs.
When the Internet site www.cinetopolis.de is updated, all earlier prices and other general information regarding the merchandise are no longer valid.
The price on the invoice is the price at the point in time that the buyer makes an offer to purchase.
 

“CINETOPOLIS” is authorized to withdraw from the contract with regard to open delivery or performance when false information about the credit-worthiness of the buyer is provided, or when objective reasons concerning the buyer’s ability to pay arise, for instance, the disclosure of insolvency proceedings concerning the buyer’s capital or the dismissal of such a procedure due to insufficient funds.   Before withdrawal, the buyer is granted the opportunity to make an advance payment or provide a suitable security deposit.
Irrespective of possible claims for damages, in the case of partial cancellation, partial performance is to be calculated and paid, as specified in the contract.
 

“CINETOPOLIS” bears the warranty that the merchandise is free of defects at the time of delivery.   If within six months of delivery the merchandise shows a material defect, it is assumed that this damage was present at the time of delivery, unless this assumption is inconsistent with the kind of merchandise or the type of defect.   If the defect appears after a period of six months, the buyer must prove that the material defect was already present at the time of delivery.
If the merchandise is defective at the time of delivery, the buyer has the right of supplementary performance and has the choice to request that the defect(s) be removed or to request the delivery of merchandise free of defects.    If the supplementary performance falls through, the buyer has the right to reduce the purchase price or to withdraw from the contract.  “CINETOPOLIS” has the right to refuse the manner of supplementary performance that the buyer has chosen, when it is impossible to perform, or when it can only be performed with excessive costs.  In this case, the demands of the buyer are restricted to another type of supplementary performance.  The right to refuse this as well remains unaffected under the conditions of sentence 3.   “CINETOPOLIS” can request the return of the defective merchandise when “CINETOPOLIS” delivers merchandise free of defects for the purpose of supplementary performance.
Claims from the buyer regarding defects expire in 2 years, in regard to the sale of used items, in one year.
Damages caused by improper actions or actions contrary to the contract by the buyer during setup, installation, operation or storage do not constitute a claim against “CINETOPOLIS”.   Inappropriate activities and violations of the contract are determined by the specifications of the manufacturer of the shipped merchandise.
Customer service:  Our customer service is available for questions, claims, and complaints weekdays from 9 am to 6 pm at 49-9568-879079, or by email at service@cinetopolis.de
 

“CINETOPOLIS” is liable for injuries to life, body, and health only when the damages are due to deliberate or grossly negligent actions or the intentional violation of an essential contractual obligation by “CINETOPOLIS”, or by anyone acting on their behalf.  An essential contractual obligation is a requirement which makes the orderly execution of the contract possible and the buyer can regularly be confident in compliance.  Any further liability for damages is excluded.  Claims based on guarantees from “CINETOPOLIS” regarding the appearance and condition of the merchandise and the Product Liability Act remain hereof unaffected.
With the current state of technology data communication via the Internet is not free of errors and is not guaranteed to be accessible at all times.  Due to this we are not liable when our Internet shop is not accessible at all time.“CINETOPOLIS” is liable for injuries to life, body, and health only when the damages are due to deliberate or grossly negligent actions or the intentional violation of an essential contractual obligation by “CINETOPOLIS”, or by anyone acting on their behalf.  An essential contractual obligation is a requirement which makes the orderly execution of the contract possible and the buyer can regularly be confident in compliance.  Any further liability for damages is excluded.  Claims based on guarantees from “CINETOPOLIS” regarding the appearance and condition of the merchandise and the Product Liability Act remain hereof unaffected.
With the current state of technology data communication via the Internet is not free of errors and is not guaranteed to be accessible at all times.  Due to this we are not liable when our Internet shop is not accessible at all time.

§ 10 Privacy and Data Protection

Collection, Processing and Use of Personal Data
You can visit our site without providing personal information.  We only save your access information without personal references, for example, the name of your Internet service provider, the web site from which you visit us, or the name of the requested file.  This information is only analyzed to improve our offering of merchandise and doesn’t allow any reference back to you.
Personal data is only collected when you volunteer it, for example by placing an order, opening a customer account, or subscribing to our newsletter.  Without your explicit agreement, we use the information you have provided solely to fill and process your order.  Upon completion of the order contract and payment, your data is made inaccessible for further use, and after a period of time according to tax and commercial regulations deleted, provided that you haven’t explicitly agreed to further use of your information.  When you subscribe to our newsletter, your name and e-mail address will be used for internal advertising purposes until you unsubscribe.

Forwarding of Personal Data, Credit Check
Your information is forwarded to the authorized shipping firm for delivery, as long as the information for the delivery of the merchandise is necessary. 
If you do not pay in advance or on delivery, it is in our legitimate interest to forward your name and address to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden for the purpose of a credit check.  Your confidential interests are taken into consideration according to the legal provisions.
Forwarding to other third parties does not occur.

Contract Wording
The wording of the contract is saved on our internal system.  You can view the general terms and conditions at any time on the terms and conditions page.  The order information and the terms and conditions are sent to you via e-mail.  Upon completion of the order, the wording of the contract is no longer accessible in the Internet due to security reasons.

Usage of Cookies
When an order is placed in our On-line Shop, specific pages implement a so-called Session-Cookie.  This is a small text file which is automatically deleted from your computer after your browser session is closed.  This file is only necessary to use specific applications, for example, our shopping cart.

Data Integrity
Your personal information is encrypted for Internet transfer using 128 bit SSL v3, RC4, RSA with 1024 bit.  We secure our website and other systems through technical and organizational measures against loss, damage, access, modifications, or dissemination of your information by unauthorized persons.  Access to your customer account is only possible through entry of your personal password.  You should keep your access information private and always close your browser session when you are finished on our website, especially when you share your computer with others.

Right of Access
According to the national data security law, you have the right of disclosure to your saved data free of charge, as well as, where applicable, the right to corrections, blocking, or deletion of this data.

Revocation of Consent
You have expressly given your consent where indicated during the order process to the following paragraphs.  We would like to inform you that you can revoke your consent at any time with effect in the future.

Contact person for Data Privacy
For questions regarding the collection, processing, or use of your personal data, or information, corrections, blocking, or deletion of data,  as well as revocation of  given consent, please contact:
Daniel Forkel, Ketschenbacherstrasse 181, 96465 Neustadt, e-mail: service@cinetopolis.de
 

Batteries and rechargeable batteries do not belong in the household waste.
As a consumer, you are required by law to return used batteries.  You can bring your used batteries to the public place of collection in your community or bring or ship them to shops where batteries are sold.  You can also ship your used batteries back, free of charge, to our address.
 

A customer in the role of an entrepreneur (§ 14 BGB) has no right of revocation or return according to § 312d BGB i. V. m. §§ 355, 356 BGB.  The right of revocation is only valid for consumers as defined by § 13 BGB (any individual person that completes a legal transaction, to whom commercial or independent business activities cannot be attributed).

Right of revocation
The customer can revoke his contractual statement in writing (e.g. letter, fax, or r-mail) within 14 days, without stating a reason.  The contractual statement can also be revoked in writing when the merchandise is delivered after the promised delivery date and the merchandise is then returned.  The revocation period begins after the receipt of such a revocation statement or instructions, but not before the receipt of the merchandise by the receiver (for recurring shipments of the same merchandise - not before the receipt of the first partial shipment) and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our obligations according to § 312 Abs. 1 sentence 1 BGB in connection with article 246 § 3 EGBGB.  The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. 
The revocation is to be addressed to:  “CINETOPOLIS”, Daniel Forkel, Ketschenbacherstrasse 181, 96465 Neustadt, e-mail: service@cinetopolis.de

Consequences of revocation
In case of a valid revocation, all mutually received performances as well as payments taken (e.g. interest), if applicable, are to be reimbursed by either side. If you are unable or partially unable to return the received merchandise to us or can only return it in a damaged condition, then you must compensate for its value where applicable.  This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store.  Furthermore, you can avoid the obligation to compensate for the decrease in value due to deterioration resulting from using the merchandise by not using the goods as if they were your property and refraining from any action that might damage or reduce the goods value. Items that can be shipped by parcel are to be returned at our cost and our risk. Items that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days.  The period of time begins for you with the declaration of revocation or the return shipment of the merchandise, and for us upon the receipt of the respective item.

End of revocation instruction


§ 13 Severability Clause

Should a stipulation in these Terms or Conditions become invalid, or are not enforceable, the validity of the remaining clauses remains unaffected, unless through the omission of particular clauses a party to the contract is so unreasonably disadvantaged that they can no longer be expected to adhere to the contract.

§ 14 Further Provisions

In the event of disputes or claims arising from these Terms and Conditions, the original German language version and it alone shall be legally binding.