Shop AGBs, Terms and Condition
§ 1 General
- These General Terms and Conditions shall apply to business relationships of any kind between Alex Rubin Filmton & Ton Post-Pro, Braunschweiger Straße 3, 80997 München, Germany, hereafter called ‘Alex Rubin Filmton & Ton Post-Pro’ and the customer. Customers may be businesses or consumers.
- The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By finalizing payment on our website, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation email immediately after the order has been submitted and an invoice when the Alex Rubin Filmton & Ton Post-Pro sales team has processed the order. Customers can view all of their previous orders by logging into the customer service pages of the website.
- Alex Rubin Filmton & Ton Post-Pro reserves the right to refuse to perform the service promised if it becomes apparent that the goods are not available although a corresponding contractual transaction has been concluded or when the actual shipping costs exceed 70% of the orders value. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Alex Rubin Filmton & Ton Post-Pro are excluded.
- When placing an order in the online store, the customer follows the technical steps as described below in detail:
- Click on “Checkout” in the shopping cart displayed on the screen
- Redirection to the general order overview page (Alex Rubin Filmton & Ton Post-Pro check out) where the customer is guided through the individual stages of the purchase
- Step 1 - In the next stage, the customer is given an overview with the header “Cart” and has the option to change the contents of the basket. Here coupons can be applied. Click ‘proceed to check out’
- Step 2 - Selection of “Invoice and Delivery Address” (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
- Entry of “Invoice Address”;
- If the invoice address and delivery address differ, there is the option to”Enter a different delivery address” by checking the box
- Step 3 - Selection of “Method of Payment” (by clicking on the desired payment method)
- Step 4 - Choose ‘proceed to Paypal’ or ‘place order’ to make the actual payment. Payment is done by third party payment platforms (Stripe and Paypal) through a secure and encrypted connection.
§ 2 Delivery
- The customer’s delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. Delivery shall be to the delivery address specified by the customer.
- All prices on our website are cash prices excluding VAT plus any applicable charges for packaging and carriage.
- Domestic deliveries within GERMANY are priced at € 3,99 per order. Orders within the EU are priced at € 9,99 and any other is priced as shown on the Website. For orders in excess of € 200.00, we will be free of shipping costs within the EU.
- The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage. We ask, without legal obligation, that customers notify us of any clearly identifiable transportation damage with pictures.
§ 3 Statutory right of withdrawal
- Statutory right of withdrawal
- Consequences of withdrawal
The customer is entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us at email@example.com of his/her decision to withdraw from this Contract.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
- Exclusions from the statutory right of withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, excluding delivery costs and any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us, without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We will withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. Alex Rubin Filmton & Ton Post-Pro doesn’t bear the costs of returning the goods.
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
The statutory right of withdrawal shall not apply in the following cases:
§ 4 Warranty and compensation
- Defects or any other damage caused by negligent or improper treatment of the goods (for example ripping off the adhesive tape instead of peeling it off), improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by Alex Rubin Filmton & Ton Post-Pro are not covered by the warranty.
- Signs of wear and tear from normal use are also excluded from the warranty.
- If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
- Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
- Warranty disputes can be addressed for the period of 14 days at firstname.lastname@example.org
- Warranty formalities shall be carried out in congruence with the legal regulations.
- Alex Rubin Filmton & Ton Post-Pro is not liable for damage of the detriment to life, body and health. Nor is Alex Rubin Filmton & Ton Post-Pro liable for damage that arises from wilful misconduct, gross negligence. The provisions of the German Product Liability Act shall remain unaffected.
- The buyer agrees to read the safety instructions on the packaging / on our Webshop and to ask questions directly to us before buying and using.
- Alex Rubin Filmton & Ton Post-Pro is never liable for consequential damage, either for the customer or the ones that he is employed for.
§ 5 patent
The buyer / tenant is prohibited from copying objects of purchase / rental on which the seller has patents or from bringing them into circulation under his own name. In the event of a violation, the buyer / tenant undertakes to pay flat-rate damages of EUR 50,000. The seller reserves the right to proceed in the event of an infringement for other legal reasons, in particular to initiate criminal prosecution.
§ 6 privacy and coockies
- Alex Rubin Filmton & Ton Post-Pro collects information from your browser for the completion of your account info and the processing of an order. Privacy and safety are our priority and we guarantee your privacy and security in our webshop and payment process.
- Alex Rubin Filmton & Ton Post-Pro payment process is operated by external payment platform (PayPal). The information needed to complete a payment is sent to this company via a secure and encrypted connection.
- only employees of Alex Rubin Filmton & Ton Post-Pro can monitoreyour given information to perform your order.
§ 7 Due date and payment terms
- Unless otherwise agreed in writing, invoices from Alex Rubin Filmton & Ton Post-Pro must be paid in full without delay. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and before the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
- Alex Rubin Filmton & Ton Post-Pro reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
§ 8 Place of fulfilment and place of jurisdiction
- The place of fulfilment for all services and products arising from business transactions with Alex Rubin Filmton & Ton Post-Pro is based in Munich, Germany.
- The law of the place of business of the seller / lessor applies. The provisions of the UN sales law do not apply.
- If the customer is a registered trader within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the action is brought.
- Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
§ 9 Alternative dispute resolution
Alex Rubin Filmton & Ton Post-Pro is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.
§ 10 Closing provision
If any of these provisions cannot be applied for whatever reason,this shall not affect the validity of the remaining provisions.