Terms and Conditions vis-à-vis Consumer (B2C)
Online-Shop of Adrian Dungert, ANALOGHELD
§ 1 Applicability, Contract language(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and me, Adrian Dungert, ANALOGHELD (Gartengasse 1 1/2, 85049 Ingolstadt) (Click: Imprint) via this online shop.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
§ 2 Applicable law, Mandatory consumer protection regulationsThe law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
§ 3 Conclusion of contract(1) The presentation of the products in my online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking “Buy now” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and me as soon as I accept your order and/or booking by means of a separate e-mail or dispatch the goods. Please regularly check the spam folder of your mailbox.
§ 4 Technical steps up to the conclusion of the contract and correction of input errorsTo place an order, start by placing the desired goods in the shopping cart. There you may modify at any time the desired quantity or delete goods completely. If you have placed goods in the shopping cart, by clicking on the buttons “Proceed to checkout” you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. Please review your data for possible input errors (e.g. with respect to the payment method, data or quantity) and correct them if necessary. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Buy now”, your declaration becomes binding in the meaning of § 3 (2) of these GTC.
§ 5 Storage of the contract textYou will receive the contractual provisions together with information on the goods ordered by e-mail upon acceptance of the contract offer or together with the notification thereof. These GTC and the information on the right of withdrawal are accessible under a link within the e-mail. I do not store the contractual provisions for you.
§ 6 Opening a customer account; Processing of your personal data; Film subscription(1) In my online shop you may order goods after opening a customer account. With a customer account you must not enter your personal data every time you use my online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process.
You will not be obliged to buy any of the goods offered by me only due to your registration. For information on the processing of your data, please read my data protection information, which you can find under the following link [privacy-policy]. The application for registration happens with your personal e-mail address, where the password is sent to as well
(2) As a logged-in user, you can also subscribe to a film subscription, which includes the following:
The film subscription is currently set on a quarterly basis. At each interval, the account is debited with the booked subscription amount by the payment method chosen by you. In return, at each payment interval, you will receive the item(s) booked through the subscription at the beginning of each new quarter. For the subscription you can optionally store personal preferences, which are associated with a small additional charge.
The actual subscription content is redefined each quarter. Possible preferences serve only as an indication, and I cannot guarantee that the preferences chosen by you can be fulfilled for the entire scope of delivery.
You can cancel, suspend or change the subscription in your customer account. The changed option in each case triggers a correction order for an amount of EUR 0.00 and is valid from the next billing interval. The correction order triggered in this way results in an order confirmation for the new total price, which is placed accordingly within the store orders.
At the end of each quarter, the subscription boxes for the coming quarter are compiled (e.g. end of December for the 1st quarter subscription) and then dispatched in the first week of the period booked by you (e.g. beginning of January for the 1st quarter subscription). You can modify preferences, suspend the next delivery or cancel the subscription up to two weeks before the end of the previous quarter. A corresponding reminder e-mail is sent to you in advance automatically via the subscription plug-in.
There is no minimum term for the film subscription. Your last settings in the customer account are always applied.
§ 7 Obstruction/Force majeure(1) If I see myself hindered in the execution of an order by circumstances of any kind, I will inform you of this in writing in good time. If I am not responsible for the impeding circumstances, the contracting parties shall agree on an appropriate postponement of the agreed service. If the timely written notification is omitted, I cannot later invoke these circumstances.
If no agreement is reached between you and me, you are entitled to withdraw from the contract and will be refunded any payments already made.
(2) In cases of force majeure, the contracting party affected by this is released from the obligation to perform for the duration and to the extent of the effect.
Force majeure shall be any event beyond the control of the respective contracting party as a result of which it is prevented in whole or in part from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official decrees for which it is not responsible.
The affected party shall immediately notify the other party of the occurrence and cessation of the force majeure and shall use its best efforts to remedy and limit the effects of the force majeure to the extent possible.
The contracting parties shall, upon the occurrence of force majeure, agree on the further course of action and determine whether, upon its cessation, the services not performed during such period shall be subsequently delivered. Notwithstanding the above, each contracting party shall be entitled to withdraw from the orders affected thereby if the force majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of force majeure lasting for a longer period shall remain unaffected.
§ 8 Payment terms(1) The current prices stated by me on my website apply. All prices are in euros and represent total prices. On the basis of § 19 UStG no VAT is charged and therefore not shown (so-called small business regulation).
(2) The payment is made through my payment service providers.
I reserve the right to exclude certain payment methods. The purchase price is due immediately after placing the order.
§ 9 Retention of titleThe goods shall remain my property until full payment.
§ 10 Delivery conditionsI deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the shopping cart and during checkout and are billed separately.
§ 11 Right of withdrawalAs a consumer you have a right of withdrawal according to the following instructions. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Information on the right of withdrawal (Sale of goods)
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Gartengasse 1 1/2,
Tel.: +49 (0) 151 – 2406 3619
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
The right of withdrawal does not apply to
- contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of information on the right of withdrawal