General Terms And Conditions
General terms and conditions for an online shop
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of Ingo Kleefeld/MotionStudios, Osterholzer Dorfstr. 55, 28307 Bremen (hereinafter referred to as "Seller"), concerning the online shop www.motionstudios.de and all sub domains belonging to the domain. Any regulations deviating from these conditions are only valid if they are confirmed in writing by the seller. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only insofar as the protection provided is revoked by mandatory provisions of the law of the State in which the consumer has his habitual residence shall apply. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(2) Place of jurisdiction is Berlin if the customer is an entrepreneur or a merchant or a legal entity under public law or public special assets. The same applies if the customer, as an entrepreneur, has no general jurisdiction in Germany or their domicile or habitual residence at the time of starting a lawsuit is not known.
(5) We deliver to the following countries: Worldwide.
(6) Customers have the possibility to use an alternative dispute settlement method. The following link from the EU Commission (also referred to as the OS platform) contains information on online dispute resolution and serves as a central point of entry for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
§ 2 Contractual content and conclusion of contract
(1) In the online shop www.motionstudios.de, the seller offers to customers new goods, especially software products, for purchase.
(2) When shopping in the online shop, a purchase contract is concluded by accepting the order of the customer by the seller. Price awards in the online shop do not constitute an offer. The receipt and acceptance of the order are confirmed by the customer by e-mail.
Customers also have the option to submit enquiries to the seller concerning specific items either through telephone or by email, fax, or letter. After receipt of such an enquiry, the seller will submit an offer to the customer to enter into a purchase contract by email, letter or fax. A contract is in this instance concluded when the customer accepts this offer.
(3) The text of the contract will be archived by the seller; However, it is not accessible to the customer.
§ 3 Prices, shipping charges, VAT and payment (1) In the case of orders via the Onlineshop, the prices indicated there apply. All prices include the legally applicable VAT.
(2) All prices are exclusive of shipping and packaging costs, which will be communicated to the customer before placing the order.
The amount of the shipping costs depends on the weight and the dimensions of the goods as well as on the desired goal: see http://www.motionstudios.de/popup_content.php?coID=1
(3) The delivery of the customers by the seller is made as desired by the customer against the following payment methods: prepayment, PayPal, credit cards and cash on delivery.
(4) If the customer chooses to pay by bank transfer, payment is due 7 calendar days after the contract is concluded.
If delivery is made on account, payment is due no later than 7 calendar days after the invoice is issued.
If payment is by cash-on-delivery, the purchase price plus shipping costs and C.O.D. fees are due upon delivery.
(4) If customers are in arrears with their payments due, the seller is entitled to claim damages as allowed by law and/or to withdraw from the contract.
(5) The seller will always provide the customer an invoice, either printed form upon delivery or in some other text form (email).
§ 4 Delivery and transfer of risk
(1) Unless agreed otherwise, orders will be shipped to the address provided by the customer.. The delivery is given directly by the manufacturer.
(2) The availability of the individual goods is indicated in the article descriptions. The seller is responsible for the delivery of the goods within 3 working days after payment of the order (in case of advance payment by bank transfer: within 3-5 working days after receipt of payment), unless expressly agreed otherwise. If the goods are marked as unavailable in the case of a sale via the online shop, the seller endeavours to provide the fastest possible delivery. Seller's information on the delivery period is non-binding, unless the delivery date has been bindingly confirmed by the seller.
(3) The seller reserves the right to make a partial delivery if this is expedient and the partial delivery is not unreasonable for the customer. Any additional costs associated with partial deliveries will not be billed to the customer.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer when the goods are transferred to the buyer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, will already be transferred to the forwarding agent, the carrier or the person otherwise destined for the dispatch.
§ 5 Reservation of title
The delivered goods remain the property of the seller until the fulfilment of all claims arising from the contract; In the event that the customer is a legal person of public law, a public-law fund or an entrepreneur in the exercise of their commercial or independent professional activity, in addition, from the current business relationship until the settlement of all claims which the seller has in connection with the contract.
§ 6 Right of Retention
The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal deficiencies
(1) In the event of defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If the customer is a merchant, the terms found in §§377 ff. of the German Commercial Code (HGB) apply.
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
The customer can refer to the manufacturer's instructions for proper handling.
(3) Defects shall be reported by the customer to the seller within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty is not applicable to contractors.
The foregoing limitation of liability does not apply if the seller fraudulently concealed a defect or assumed a guarantee for the quality of the goods and not for damage claims of the customer which are directed to replace a physical or health damage due to a defect to be repaired by the seller or which are based on intentional or grossly negligent fault on the part of the seller or their vicarious agents.
(4) If defects are present and these were claimed in time, the seller is entitled to the supplementary performance. If the remedy fails, the Customer is entitled to reduce the purchase price or withdraw from the contract. In all other instances, the statutory provisions shall apply.
§ 8 Information requirements for transport damages
If goods are delivered with obvious damages to the packaging or the contents, the customer should immediately complain to the freight forwarder/freight service without prejudice to their warranty rights (§ 7) and immediately by e-mail or otherwise (fax/post) with the seller so that they are able to protect any rights against the freight forwarder/freight service.
§ 9 Disclaimer of liability
(1) Outside of its liability for material and legal defects, the seller accepts full liability only for damages caused by its intentional acts or gross negligence. The seller is also liable for damages caused from the slightly negligent breach of essential obligations (i.e. those obligations that, when breached, endanger the purpose of the contract) and for breaches of cardinal obligations (i.e. those obligations requisite for the proper execution of the contract and the fulfilment of which customers may normally rely upon), but said liability is limited only to the foreseeable damages typical of transactions like these. The seller is not liable for the slightly negligent breach of any other obligations.
(2) The limitations of liability in the preceding paragraph shall not apply to injury to life, body or health, to a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under product liability law remains unaffected.
(3) If the liability of the seller is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of Ingo Kleefeld/MotionStudios, Osterholzer Dorfstr. 55, 28307 Bremen (hereinafter referred to as "Seller"), concerning the online shop www.motionstudios.de and all sub domains belonging to the domain. Any regulations deviating from these conditions are only valid if they are confirmed in writing by the seller. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only insofar as the protection provided is revoked by mandatory provisions of the law of the State in which the consumer has his habitual residence shall apply. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(2) Place of jurisdiction is Berlin if the customer is an entrepreneur or a merchant or a legal entity under public law or public special assets. The same applies if the customer, as an entrepreneur, has no general jurisdiction in Germany or their domicile or habitual residence at the time of starting a lawsuit is not known.
(5) We deliver to the following countries: Worldwide.
(6) Customers have the possibility to use an alternative dispute settlement method. The following link from the EU Commission (also referred to as the OS platform) contains information on online dispute resolution and serves as a central point of entry for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
§ 2 Contractual content and conclusion of contract
(1) In the online shop www.motionstudios.de, the seller offers to customers new goods, especially software products, for purchase.
(2) When shopping in the online shop, a purchase contract is concluded by accepting the order of the customer by the seller. Price awards in the online shop do not constitute an offer. The receipt and acceptance of the order are confirmed by the customer by e-mail.
Customers also have the option to submit enquiries to the seller concerning specific items either through telephone or by email, fax, or letter. After receipt of such an enquiry, the seller will submit an offer to the customer to enter into a purchase contract by email, letter or fax. A contract is in this instance concluded when the customer accepts this offer.
(3) The text of the contract will be archived by the seller; However, it is not accessible to the customer.
§ 3 Prices, shipping charges, VAT and payment (1) In the case of orders via the Onlineshop, the prices indicated there apply. All prices include the legally applicable VAT.
(2) All prices are exclusive of shipping and packaging costs, which will be communicated to the customer before placing the order.
The amount of the shipping costs depends on the weight and the dimensions of the goods as well as on the desired goal: see http://www.motionstudios.de/popup_content.php?coID=1
(3) The delivery of the customers by the seller is made as desired by the customer against the following payment methods: prepayment, PayPal, credit cards and cash on delivery.
(4) If the customer chooses to pay by bank transfer, payment is due 7 calendar days after the contract is concluded.
If delivery is made on account, payment is due no later than 7 calendar days after the invoice is issued.
If payment is by cash-on-delivery, the purchase price plus shipping costs and C.O.D. fees are due upon delivery.
(4) If customers are in arrears with their payments due, the seller is entitled to claim damages as allowed by law and/or to withdraw from the contract.
(5) The seller will always provide the customer an invoice, either printed form upon delivery or in some other text form (email).
§ 4 Delivery and transfer of risk
(1) Unless agreed otherwise, orders will be shipped to the address provided by the customer.. The delivery is given directly by the manufacturer.
(2) The availability of the individual goods is indicated in the article descriptions. The seller is responsible for the delivery of the goods within 3 working days after payment of the order (in case of advance payment by bank transfer: within 3-5 working days after receipt of payment), unless expressly agreed otherwise. If the goods are marked as unavailable in the case of a sale via the online shop, the seller endeavours to provide the fastest possible delivery. Seller's information on the delivery period is non-binding, unless the delivery date has been bindingly confirmed by the seller.
(3) The seller reserves the right to make a partial delivery if this is expedient and the partial delivery is not unreasonable for the customer. Any additional costs associated with partial deliveries will not be billed to the customer.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer when the goods are transferred to the buyer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, will already be transferred to the forwarding agent, the carrier or the person otherwise destined for the dispatch.
§ 5 Reservation of title
The delivered goods remain the property of the seller until the fulfilment of all claims arising from the contract; In the event that the customer is a legal person of public law, a public-law fund or an entrepreneur in the exercise of their commercial or independent professional activity, in addition, from the current business relationship until the settlement of all claims which the seller has in connection with the contract.
§ 6 Right of Retention
The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal deficiencies
(1) In the event of defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If the customer is a merchant, the terms found in §§377 ff. of the German Commercial Code (HGB) apply.
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
The customer can refer to the manufacturer's instructions for proper handling.
(3) Defects shall be reported by the customer to the seller within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty is not applicable to contractors.
The foregoing limitation of liability does not apply if the seller fraudulently concealed a defect or assumed a guarantee for the quality of the goods and not for damage claims of the customer which are directed to replace a physical or health damage due to a defect to be repaired by the seller or which are based on intentional or grossly negligent fault on the part of the seller or their vicarious agents.
(4) If defects are present and these were claimed in time, the seller is entitled to the supplementary performance. If the remedy fails, the Customer is entitled to reduce the purchase price or withdraw from the contract. In all other instances, the statutory provisions shall apply.
§ 8 Information requirements for transport damages
If goods are delivered with obvious damages to the packaging or the contents, the customer should immediately complain to the freight forwarder/freight service without prejudice to their warranty rights (§ 7) and immediately by e-mail or otherwise (fax/post) with the seller so that they are able to protect any rights against the freight forwarder/freight service.
§ 9 Disclaimer of liability
(1) Outside of its liability for material and legal defects, the seller accepts full liability only for damages caused by its intentional acts or gross negligence. The seller is also liable for damages caused from the slightly negligent breach of essential obligations (i.e. those obligations that, when breached, endanger the purpose of the contract) and for breaches of cardinal obligations (i.e. those obligations requisite for the proper execution of the contract and the fulfilment of which customers may normally rely upon), but said liability is limited only to the foreseeable damages typical of transactions like these. The seller is not liable for the slightly negligent breach of any other obligations.
(2) The limitations of liability in the preceding paragraph shall not apply to injury to life, body or health, to a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under product liability law remains unaffected.
(3) If the liability of the seller is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.