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General terms and conditions

PAN Veranstaltungslogistik und Kulturgastronomie GmbH for the Filmnächte online shop

The shop operators

PAN Veranstaltungslogistik und Kulturgastronomie GmbH Carolinenstraße 1a, 01097 Dresden Phone: 03 51 – 8 99 32 0 / Fax: 03 51 – 8 99 32 19 E-Mail: info@filmnaechte.de / Internet: www.filmnaechte.de Local court Dresden HRB 10083 / Tax number: 202/116/07646
Directing managers: Matthias Pfitzner, Jörg Polenz, Johannes Vittinghoff

1. General information, jurisdiction

The following General terms and conditions (GTC) apply for all distance selling contracts between you as a customer and the online shop run by PAN Veranstaltungslogistik und Kulturgastronomie GmbH. The version of these GTC that is valid during the closing of the contract is the one that applies.

2. Conclusion of the agreement

The display of items on our web site shop.filmnaechte.de does not constitute and offer, but a non-binding invitation to buy the displayed products. Your order of the selected product via the shopping carts on our web site is a binding offer for the conclusion of a purchase contract. We will confirm your order as soon as we get it. The agreement comes into being after the sending of the email confirmation.

3. Right of revocation, revocation instruction

a) Right of revocation 

You have the right to revoke the contract within 15 days without giving reasons. The period of revocation is 14 days from the day that you or a third party, other than the carrier and indicated by you, took the goods into their possession.

In order to exercise your right of revocation, you need to inform us (PAN Veranstaltungslogistik und Kulturgastronomie GmbH, Carolinenstr. 1 a, 01097 Dresden, telefax +49 (0) 351 899 32-19 or info@filmnaechte.de, e. g. by sending a letter, telefax or e-mail) about your decision to withdraw from the contract.

To comply with the time limit, it is sufficient that the notification concerning the exercise of the right of revocation is sent before the expiration of the withdrawal period.

b) Effects of the revocation
If you revoke this contract, we will refund all payments that we have received form you, including shipping costs (except for the additional costs that resulted from your decision to use a different kind of delivery than our cheapest, standard shipping option) within 14 days from the day that we received the notification about your withdrawal from the contract, at the latest. We use the same payment method as the one you originally used for the transaction for the refund, unless we explicitly agreed otherwise; under no circumstance will you be charged due to the refund. We can withhold the reimbursement until we have received the products or until you have proven that you have sent back the product, whichever is the earlier.
You shall return the products to PAN Veranstaltungslogistik und Kulturgastronomie GmbH, Carolinenstr. 1 a, 01097 Dresden, telefax +49 (0) 351 899 32-19 or info@filmnaechte.de promptly, and in any case no later than within 14 days from the day that that you have notified us about your revocation. The return period is upheld, if you have sent the items before the expiration of the 14 day period.

You bear the immediate costs of the return shipping of the products. The costs are estimated to be no more than about €6,90.
You only have to pay for possible loss of value of the item, if this loss of value can be traced back to your unnecessary handling of the product, through the inspection of the product’s nature, characteristics, and functioning.

4. Availability, delivery date, and transfer of risk

We provide specific information about the availability and delivery date for all the products that are pictured in our online shop. Nevertheless, we have to reserve self-delivery for some articles which we do not keep in storage. In case of a delay in delivery, you will be informed immediately. If the product is unavailable, payments that have already been made will be refunded immediately. The risk of accidental deterioration and the accidental loss of the goods shall pass to you, the buyer, after the sales shipment, as soon as the goods have been handed over to you. If you default the acceptance, the same applies. If goods are delivered with visible damages to the package or the content, we kindly ask you to immediately complain to the carrier/cargo service. If applicable, please decline to accept the products, and contact us as soon as possible, so that we can preserve our rights towards the carrier/cargo service. Please also inform us about hidden defects right after discovery. Your warranty rights as our customer will, of course, be unaffected.

5. Payment and shipping

The prices valid on the day that the order was placed are valid. All prices are quoted as gross price in Euros and contain the legal value-added tax (currently 19 % or 7 % at a reduced VAT rate). At the dispatching sales the price does not include shipping costs. You will only be entitled to rights set-off, if your counterclaims have been established as final, absolute, and recognized by us. We generally send the goods that you purchased within two to three work days after handing over the goods to the carrier. You can pay for the ordered goods with a credit card, immediate transfer, or debit card. You will receive an electronic massage with the amount to be paid and our banking information. At the moment your payment has been credited to our account, the ordered products will be sent to you.

6. Warranty

We ask you to inform us about the products’ obvious defects within two weeks after you have received the goods. Your warranty rights will not be affected by this. The statutory warranty period applies. We would like to clarify that, to assert warranty claims, you need to make the products, about which you have complained, available for inspection i.e. at our choice, either through the returning to us, or to a third party that we designated. In this case, please contact us by phone (at 0351 89932-0) from Monday to Friday from 9:30 to 15:30 to arrange further procedures. If you refuse to fulfil your obligation to cooperate, we are exempt from our liabilities and warranties. Otherwise, the legal regulations apply. We would like to clarify, that beyond that, we did not make any legal guarantee towards you.

7. Limitations of liability

In case of slightly negligent breaches, our liabilities and our vicarious agents will be limited to the foreseeable and typical damage for the contract. In case of slightly negligent breaches of non essential contractual obligations, the violation of which does not harm the performance of the contract, we and our vicarious agents will not be liable. The limitations of liabilities above do not apply in the case of claims of health or bodily injury and the loss of life that can be made against us. Further, we are only liable for our own content on the web site of our online-shop. When we provide hyperlinks for access to other web sites, we are not responsible for the external contents on these web sites. We do not appropriate external content. If we are aware of illegal contents on external web sites, we will immediately block the access to these web sites.

8. Reservation of ownership

We retain the ownership of the goods delivered until complete payment of the price was performed. For enforcement measures by a third party against the reserved goods, you need to inform us immediately and provide us with all the documents necessary for an intervention. This also applies for other impairments. Further, you are obliged to inform third parties about the rights concerning the items that we delivered in advance.

9. Data protection

We collect, process, and use your recoded data only in accordance with the provisions of the Federal Data Protection Act and the Telemedia Act. The collection, processing, and use of your personal data for marketing purposes requires your prior consent. You have the possibility to provide this consent before placing your order. You have the right to revoke this consent with effect for the future at any time.

10. Final provisions

The application of the UN sales law is ruled out. German law applies. Should separate provisions of these general terms and conditions or of the contract made with you be or become ineffective or impracticable, so the activity of the contract and the conditions for the rest shall not be touched. The provision rendered invalid shall be replaced by a legally valid provision with the same effect. If the customer does not have a place of general jurisdiction in Germany or in another EU member state the exclusive place of jurisdiction for all and any disputes which may arise from this contract will be our place of business.

Have fun shopping! 😉