The General Terms and Conditions (GTC) of Wendtfilm

Area of Validity.

The Wendtfilm terms of sale apply exclusively. Any conditions in the purchaser’s terms of sale that differ from those of Wendtfilm have no validity.

Realization of the Contract.

The 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 prior consultation.

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.

Prices

(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.

Payment and Delivery

(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 invoice 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.

Warranty

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.

Liability

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.

Copyright 

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.

Data Protection

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 confidential.

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.

Applicable 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