This English text is a courtesy translation. Only the German version is legally binding.
General Terms and Conditions and Customer InformationI. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Birgit Scharrer) via the website checkpoint-cinema.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods .
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online cart system on the terms stated in the item description.
(3) The contract is concluded via the online cart system as follows:
The goods you intend to purchase are placed in the "cart". You can open the "cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the button "Checkout" or "Continue to order" (or similar label) and entering your personal data as well as the payment and shipping terms, the order data are finally displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data are displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar label), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email and are partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. "PayPal" may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available via Shopify Payments are displayed to you under a correspondingly labelled button on our website and during the online ordering process. Stripe may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty for defects
(1) The statutory rights for defects apply.
(2) Insofar as we have informed you of this before you submit your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:
- to culpably caused damage attributable to us resulting from injury to life, body or health, and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to inspect the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer information
1. Identity of the seller
Birgit Scharrer
Mehringdamm 41
10961 Berlin
Germany
Phone: 030 70071669
Email: kontakt@checkpoint-cinema.com
Company complaints office:
Please always send complaints by email to kontakt@checkpoint-cinema.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order via the online cart system, you can print out the contract data using the browser's print function or save them electronically. Once we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For quotation requests outside the online cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are payable by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person designated to carry out the shipment.
7. Statutory rights for defects
Liability for defects is governed by the provision "Warranty for defects" in our General Terms and Conditions (Part I).
These Terms and Conditions and this customer information were drawn up by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of formal warning letters (Abmahnungen). Further information can be found at: https://www.haendlerbund.de/