General Terms and Conditions
§ 1 Contract Partner, Scope of Application, Definitions
1. Contracts are completed on behalf of and for the account of ENTERLOG Trade GmbH represented by the Managing Director, Nils Zehnpfennig, von-Hünefeld-Straße 2, 50829 Köln (Registration Office, Local Court of Cologne HRB 35623; VAT-Id DE321724286).
2. For the business relationship between ENTERLOG Trade GmbH (hereafter “seller”) and the customer (hereafter “customer”) the following general terms and conditions exclusively apply in their valid version at the time of the order. Differing general terms and conditions are not recognized unless seller expressly agrees their validity in writing.
§ 2 Realisation of the Contract
1, The seller´s offers presented on his website are a non-binding invitation to the customers to make an offer to purchase goods. The customer can choose from the seller´s product range, in particular DVDs and Blu-rays and by using the button “place in shopping cart” collect products in a so-called shopping cart. By pressing the button “Yes, I confirm my order” the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order off the customer can view and change the details. The request can only be submitted and transferred once the customer has clicked on the button “I have read the terms and conditions of your shop and agree with their validity” so that he accepts the contract conditions and they are incorporated into his request.
2. The seller will then automatically send an acknowledgement of receipt via e-mail to the customer in which the customer´s order is detailed and can be printed out. The automatic acknowledgement of receipt merely documents that the customer´s order has been received by the seller and does not constitute an acceptance of the order.
3. The seller can accept this offer within five calendar days by sending an order-confirmation or by sending the ordered goods. Otherwise the offer is considered rejected. The order-confirmation, which is sent as a separate email, or at the latest when the goods are delivered, contains the text of the contract (consisting of order, general terms and conditions, order-confirmation) and is sent to the customer by the seller on a durable medium, email or paper copy, (contract confirmation). The contract text is stored in accordance with the data-protection requirements.
4. The Customer may choose to conclude the purchase agreement in the German or English language.
5. The seller reserves the right to reject orders which exceed normal retail quantities.
§ 3 Delivery, Product Availability
1. Delivery times stated by the seller are calculated from the time of order-confirmation, provided the purchase price has already been paid. Insofar as no delivery time or a differing delivery time is stated, the delivery time shall be 2 – 3 working days (excluding weekends, national holidays, etc.).
2. If there are no items in stock of the customer´s chosen products the seller will inform the customer without delay in the order-confirmation. Should the product not be deliverable in the long-term the seller will refrain from issuing a declaration of acceptance. In this case a contract is not established.
3. If there are temporarily no items in stock of the customer´s chosen products the seller will likewise inform the customer without delay in the order-confirmation.
4. The seller currently only delivers to customers whose normal address (billing address) is within Germany and the delivery address likewise.
§ 4 Prices and Delivery Costs
1. All prices stated on the seller´s website include the relevant, currently valid German VAT rate.
2. The relevant delivery costs are stated in the order form and are to be borne by the customer. Orders above a value of EUR 30,00 are generally delivered to customers within Germany free of delivery charges. Exceptions hereto are additional charges for special methods of despatch (e.g. Postindent-process as verification of age, 18+ restricted articles). The customer will be informed of any additional charges before his order is submitted.
3. Despatch of goods is carried out by mail or by DHL parcel service. Despatch risk is borne by the seller.
4. The customer bears delivery costs of the return shipment should he revoke the contract.
§5 Payment Methods
1. The customer can choose to pay by credit card, PayPal, or pay in advance.
2. The customer can change the payment method stored in his user-account at any time.
3. Payment of the purchase price is directly due upon conclusion of the contract.
§ 6 Rentention of Title
Until the delivered goods have been completely paid for the seller reserves the right to the goods.
§ 7 Material Warranty, Guarantee
1. The seller is liable for any defects in the goods in accordance with the relevant legal regulations, in particular §§ 434 ff. BGB.
2. An additional guarantee is in place for the goods delivered by the seller only in those cases where this is expressly stated in the order-confirmation of the particular item.
§ 8 Liability
1. Customer claims for reimbursement of damages are precluded except for instances which result in injury to life, body, or breaches of important contractual obligations ("cardinal obligations") and the liability for miscellaneous damages which arise from intentional or negligent dereliction of duty by the seller, his lawful representatives or his agents. Important contractual obligations are those that are a precondition for realizing the objective of the contract.
2. In the event of breach of contractual obligations the seller is only liable for foreseeable damages arising from simple negligence which are typical for the type of contract except in those cases where the customer claims for damages pertaining to injury to life, body, or health.
3. The restrictions outlined in above paragraphs 1 and 2 are also valid for lawful representatives and agents of the seller, should claims be brought against them directly.
4. The liability restrictions arising from the above paragraphs 1 and 2 are not valid in those cases where the seller has fraudulently concealed the defects or has undertaken a guarantee for the characteristics of the item. The regulations of the product liability law remain unaffected.
§ 9 Data-Protection, Storage of Ordertext
1.The seller stores and collects customer data in the course of processing the contract. The seller particularly complies with the regulations in the “Datenschutzgrundverordnung” DSGVO (“General Data Protection Regulation”) of the German federal data-protection law and tele-media law.
2.Further information concerning the topic of data-protection can be viewed under http://www.enterlog-trade.de/datenschutz
§ 10 Right of Revocation
1. The customer is expressly informed of his entitlement to a right of revocation. The revocation instruction and sample form can be viewed under http://www.enterlog-trade.de/widerrufsrecht.
2. The customer is informed about terms, deadlines and the procedure for effecting the right of revocation in a separate set of instructions.
3. The right of revocation does not apply to contracts pertaining to delivery of sound or video-recordings or computer-software in sealed packaging, if the seal on said packaging has been broken after delivery.
§ 11 Final Provisions
1. Contracts between the seller and the customer are covered by the laws of the Federal Republic of Germany to the exclusion of UN purchasing law. The legal regulations regarding restriction of the choice of law and the application of national mandatory provisions of the state in which the customer as a consumer normally lives remain unaffected.
2. The general terms and conditions remain binding even if individual points are legally ineffective. Instead of the ineffective points the legal regulations take their place, if available. Should this however be an unreasonable hardship for one of the parties the contract as a whole is rendered invalid.
§ 12 Online Arbitration
1. We are neither willing nor obliged to take part in a arbitration process before a consumer arbitration panel.
2. The EU Commission has set up an internet platform for the online arbitration of disputes ( so-called “OS-Plattform”)
15th November 2018