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General Terms and Conditions with Customer Information
Table of Contents

  • Scope of Application

  • Conclusion of Contract

  • Right of Withdrawal

  • Prices and Payment Terms

  • Delivery and Shipping Conditions

  • Retention of Title

  • Liability for Defects (Warranty)

  • Liability

  • Redemption of Promotional Vouchers

  • Redemption of Gift Vouchers

  • Applicable Law

  • Code of Conduct

  • Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Schmidt, trading under "Avant-Garde-Cinema" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve solely as carriers of digital content unless otherwise regulated. Digital content within the meaning of these GTC are data created and provided in digital form.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers unless otherwise regulated.

1.4 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.5 Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in exercising their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button concluding the ordering process.

2.3 The Seller can accept the Customer’s offer within five days

  • by sending a written order confirmation or confirmation in text form (fax or email) to the Customer, whereby the receipt of the confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

  • by requesting payment from the Customer after receipt of the order.

If several of these options apply, the contract is concluded at the time when the first of these occurs. The acceptance period begins the day after the Customer submits the offer and ends at the close of the fifth day following the offer submission. If the Seller does not accept the offer within this period, it is considered a rejection, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is conducted by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the applicable PayPal terms and conditions accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When paying via a PayPal payment method selectable in the order process, the Seller accepts the Customer's offer at the moment the Customer clicks the button concluding the order.

2.5 Upon submission of an offer via the Seller’s online order form, the contract text is stored by the Seller after contract conclusion and sent to the Customer in text form (e.g., email, fax, or letter). No further access to the contract text is provided. If the Customer has created a user account before submitting the order, the order data are archived on the Seller’s website and can be accessed free of charge by the Customer via the password-protected user account with the respective login data.

2.6 Before submitting a binding order via the online order form, the Customer can identify input errors by carefully reading the information displayed on the screen. The browser’s zoom function can serve as a technical means to better detect input errors by enlarging the display. The Customer can correct inputs via usual keyboard and mouse functions as long as they have not clicked the button concluding the order.

2.7 Various languages are available for contract conclusion. The language options are displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure the email address provided is correct so that emails from the Seller can be received. The Customer must especially ensure that emails from the Seller or third parties commissioned with order processing are not blocked by spam filters.

2.9 When ordering media not suitable for minors (FSK or USK 18+ items), the Customer confirms with the order submission that they have reached the legally required minimum age. The Seller ensures this via an age verification system. Delivery will only take place after successful age verification and authentication of the Customer.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices listed are total prices including statutory VAT. Additional shipping and delivery costs, if applicable, are stated separately in the product description.

4.2 For deliveries outside the European Union, additional costs may apply which the Seller is not responsible for and which the Customer must bear, e.g., transfer fees by credit institutions or import duties and taxes. Such costs can also arise for money transfers made from outside the EU even if the delivery is within the EU.

4.3 Payment methods offered are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately upon contract conclusion unless otherwise agreed.

4.5 Payment via PayPal: The payment is processed by PayPal or third-party payment providers appointed by PayPal. For payment methods where the Seller advances the payment (e.g., invoice or installment payments), the Seller assigns the payment claim to PayPal or a designated payment provider. PayPal or the provider conducts a credit check before accepting the assignment. The Seller may refuse the payment method if the credit check is negative. The Customer must pay the invoice amount within the agreed terms to PayPal or the provider. The Seller remains responsible for customer inquiries concerning goods, delivery, returns, complaints, cancellations, or credits.

4.6 Payment via "SOFORT": Payments are processed via SOFORT GmbH, Munich. The Customer must have an online banking account enabled for SOFORT, authenticate during the payment process, and confirm the payment order. The transaction is executed immediately, debiting the Customer’s bank account. More information is available at https://www.klarna.com/sofort/.

4.7 Payment via Wix Payments: Payments are processed via Wix HQ, Tel Aviv-Yafo, Israel. The specific payment methods offered via Wix are communicated to the Customer in the online shop. Wix may use other payment providers with their own terms. More information is available at https://de.wix.com/payments.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made within the specified delivery area to the address provided by the Customer. For PayPal payments, the delivery address registered with PayPal at the time of payment applies.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply if the Customer exercises the right of withdrawal properly.

5.3 For Entrepreneurs: Risk passes to the Customer when the Seller delivers to the forwarding agent or carrier. For Consumers: Risk passes upon handover to the Customer or an authorized person unless the Customer has commissioned the carrier themselves without prior notice of this by the Seller.

5.4 The Seller reserves the right to withdraw from the contract if the delivery is not properly supplied by the Seller’s supplier, provided the Seller is not responsible and has concluded a proper contract with the supplier. The Customer will be informed immediately and refunded promptly.

5.5 If the Seller offers goods for pickup, the Customer may collect them during specified business hours at the Seller’s address, with no shipping costs charged.

5.6 Vouchers are provided to the Customer via email.

6) Retention of Title

If the Seller advances performance, ownership of the delivered goods remains with the Seller until full payment is made.

7) Liability for Defects (Warranty)

Unless otherwise provided, statutory liability for defects applies. For contracts concerning goods delivery:

7.1 For Entrepreneurs:

  • The Seller may choose the type of remedy;

  • The limitation period for new goods’ warranty claims is one year from delivery;

  • Warranty claims for used goods are excluded;

  • Warranty periods do not restart with replacement deliveries.

7.2 The above limitations do not apply:

  • For claims for damages or reimbursement of expenses;

  • If the Seller fraudulently concealed defects;

  • For goods used for construction where the defect caused damage;

  • For obligations to provide updates for digital products.

7.3 Statutory limitation periods for any legal recourse claims remain unaffected.

7.4 Entrepreneurs must inspect goods and report defects according to § 377 HGB. Failure to notify results in the goods being deemed approved.

7.5 Consumers are asked to report obvious transport damage to the delivery service and inform the Seller; failure does not affect their statutory or contractual rights.

8) Liability

The Seller is liable for damages and expense reimbursement claims as follows:

8.1 Unlimited liability:

  • For intent or gross negligence;

  • For injury to life, body, or health;

  • Based on warranty promises;

  • For mandatory liability under laws like product liability.

8.2 For negligent breach of essential contractual duties, liability is limited to foreseeable typical damages.

8.3 Otherwise, liability is excluded.

8.4 These provisions also apply to the Seller’s agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers (free, time-limited, non-purchasable) can only be redeemed in the Seller’s online shop within the specified period.

9.2 Only consumers may redeem promotional vouchers.

9.3 Certain products may be excluded if specified in the voucher.

9.4 Vouchers must be redeemed before completing the order; no subsequent adjustments.

9.5 Multiple vouchers can be redeemed per order.

9.6 The order value must at least match the voucher value; no refunds for remaining balances.

9.7 If voucher value is insufficient, other payment methods may be used for the difference.

9.8 Voucher balances are non-refundable and non-interest-bearing.

9.9 Vouchers used to pay for returned goods under withdrawal are not refunded.

9.10 Promotional vouchers are for the named person only and non-transferable. The Seller may verify entitlement.

10) Redemption of Gift Vouchers

10.1 Gift vouchers (purchasable via online shop) are redeemable only in the Seller’s online shop unless otherwise stated.

10.2 Gift vouchers and their balances are redeemable until the end of the third calendar year after purchase; balances are credited until expiry.

10.3 Vouchers must be redeemed before order completion; no later adjustments.

10.4 Multiple vouchers can be redeemed per order.

10.5 Vouchers apply only to goods purchases, not to further vouchers.

10.6 If voucher value is insufficient, other payment methods may cover the difference.

10.7 Voucher balances are non-refundable and non-interest-bearing.

10.8 Gift vouchers are non-transferable and intended for the named person only. The Seller may verify entitlement.

11) Applicable Law

German law applies exclusively, excluding the UN Sales Convention. For consumers, this applies only if it does not remove mandatory protections of the consumer’s resident country.

12) Code of Conduct

The Seller complies with Trusted Shops quality criteria, accessible at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution

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