The General Terms and Conditions (GTC) of Wendtfilm
Area of Validity.
Wendtfilm terms of sale apply exclusively. Any conditions in the
purchaser’s terms of sale that differ from those of Wendtfilm have no
Realization of the Contract.
order is a binding offer. Wendtfilm can accept this offer of your
choice by sending a confirmation of order within 2 weeks. The contract
is thereby realized with the confirmation of order from Wendtfilm by
e-mail (office @ gaudifilm.com). Orders exceeding 100 Euros are subject to
Right of Rescission
The purchaser cancancel his order by writing to Wendtfilm
within 2 weeks. The rescission deadline comes into effect upon receipt
of order at Wendtfilm. No reasons are needed but cancellation must
ensue in writing using a durable data carrier and by returning the
goods. In order to keep within the term, it suffices to send the
cancellation in due time by e-mail to office @ gaudifilm.com. The
cost of returning the goods rests with the customer. Should the goods
be damaged, the customer is to compensate for depreciation in value.
Should the goods be used, the customer is to compensate for usage. The
right of rescission is disqualified for contracts concerning deliveries
of audio or video recordings where the customer has unsealed the medium.
(1) The prices appear in the current Wendtfilm price-list. The prices
include the present rate of VAT. Errors and changes to price quotations
cannot be ruled out. (2) At present the flat-rate for delivery charges
is 5.50 Euros within Europe and 8.50 Euros world-wide (maximum 2 DVDs)
if not indicated otherwise in our offer – and are paid by the customer.
They include transport and packing, as well as VAT. Larger orders are
subject to prior consultation. (3) Our invoices are due for payment
without deduction within 14 days from date of invoice. Should the
purchaser default in payment,Wendtfilm has the right to withdraw from
the contract. (4) Rights of Compensation The purchaser is only entitled
to a right of compensation if his counter-claims are legally
ascertained, undisputed or acknowledged by us.
(1) An account is made by invoice in advance (prepayment).
For orders outside Germany, we deliver only on advance
payment by bank transfer. Your confirmation of order will contain the
and our bank details. Any accrued bank charges, e.g. for orders from abroad, are paid by the
purchaser. (2) Wendtfilm delivers by parcel service, post or forwarding
agent and generally within 10 days on receipt of the invoice amount in
the Wendtfilm account. The goods remain the property of Wendtfilm until
the full settlement of account is effected. (3)
Partial deliveries are avoided as far as possible but are sometimes
necessary in individual cases. A commitment todeliver as well as
adherence to the stated delivery terms do not exist on the part of
Wendtfilm guarantees replacement of goods that prove to be faulty. The
purchaser should send a written detailed description of the fault
together with the goods to Wendtfilm for inspection. If the fault
cannot be corrected or fails altogether, only then isthe user entitled
to withdraw from the contract.
Wendtfilm is liable for intent, gross and slight negligence, butonly if the duties fundamental in the contract are violated. According to the amount, claims for compensation are limited to the extent of the foreseeable damage.
The contents distributed by Wendtfilm are copyright reserved. Any use is
subject to the valid Copyright and Protection Acts. The purchaser
undertakes to acknowledge such Acts and to comply. The video and audio
materials are solely forthe user’s own and private use. They may not be
passed on to a third party, electronically or in any other way
propagated, publicly reproduced or publicized unless prior written
permission has been granted by Wendtfilm. The user must not remove
copyright symbols, trade marks or any other legal reservations on the
media and retrieved data.
Amendments to Various Conditions
Declarations the parties to the contract can and
must submit are done in writing or by e-mail. Wendtfilm is entitled to
change or add anything to the agreement as long as these amendments
which adequately consider the interests of Wendtfilm are reasonable to
the purchaser. If the purchaser does not find the amendments
acceptable, he can terminate this agreement within 14 days from
notification thereof. Wendtfilm will inform the purchaser by e-mail of any amendments made to particular conditions.
In accordance with the Federal Data Protection Act, the user
is informed that his complete address and all the data at our disposal
are machine-legibly storedand automatically processed forthe purpose of
executing the contract. Wendtfilm guarantees that all data will be kept
Involvement of Third Party, Negotiation of this Agreement
In order to fulfil our obligations Wendtfilm is entitled to make use of a third party. It is further entitled to transfer this agreement to a third party.
Law, Place of Execution
This agreement is subject to the law of the Federal Republic of Germany, which excludes the U.N. Sale of Goods Law. Place of Execution is Berlin. Court of jurisdiction for all legal disputes ensuing from this agreement is, as far as is permissible, Berlin.
Berlin, January 2010