(As of 01.07.2020)
1. Scope, Deviation
1.1 These General Terms and Conditions (GTC) regulate the legal relationships between
1.2 Any deviating, conflicting or supplementary terms and conditions of the customer are contradicted. These will not be recognized unless their validity is expressly agreed in writing.
mykinema GmbH, Meienborn 25, 58566 Kierspe
Managing Director: Ralf Julius
Iserlohn District Court HRB 9510
(hereinafter referred to as “mykinema GmbH”)
and the clients/buyers – hereinafter referred to as “customer”. The General Terms and Conditions apply to all orders that a customer, be it an entrepreneur or a consumer, places in our online shop.
2. Contractual partner
The purchase contract is concluded with
mykinema GmbH, Meienborn 25, 58566 Kierspe
Managing Director: Ralf Julius
Iserlohn District Court HRB 9510
Tel.: +49(0)2269 929010
Telefax: +49(0)2269 7883
E-Mail: mail @ mykinema.com
3. Definitions
3.1 According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity
3.2 According to Section 14 of the German Civil Code (BGB), an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
4. Contract language
The contract language is German.
5. Storage of the contract text
The contract text of the contract concluded between mykinema GmbH and the customer is stored by mykinema GmbH on its internal systems. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After the order has been completed, the contract text is no longer accessible via the Internet for security reasons.
6. Delivery reservation
mykinema GmbH can withdraw from a purchase contract that has already been concluded if mykinema GmbH does so for reasons that are not its own fault, e.g. B. lack of self-delivery despite a cover transaction effectively concluded between mykinema GmbH and the manufacturer/supplier or force majeure, the ordered goods can exceptionally not be permanently delivered. In this case, we will immediately inform you of the existing delivery obstacle and refund any payments that have already been made.
7. Cancellation, withdrawal, return of goods
7.1 In the case of the delivery of custom-made products, voluntary termination of the contract is generally not granted.
7.2 If you purchase on a trial basis, the purchase contract will be terminated by non-approval. For goods that were used by the customer (sample goods), mykinema GmbH can unilaterally demand a reduction in value of up to 50%, unless the buyer can prove a lower reduction. After twelve months or in the case of goods that are damaged and can no longer be used for their intended purpose without special repair, termination of the purchase contract and return of the goods are no longer permitted.
7.3 Non-approval must take place immediately after delivery, unless otherwise agreed.
7.4 In the case of custom-made samples, there is no right to terminate the contract due to non-approval. Custom-made items are items that are not mass-produced and/or are not included in price lists. Special colors based on submitted color samples also count as custom-made products, unless otherwise agreed.
8. Prices, shipping costs and payment conditions
8.1 The prices shown in the shop at the time of ordering apply. All prices stated on the product pages are in euros. The prices stated include the applicable statutory sales tax (currently 19%).
8.2 Shipping costs are not included in the stated prices. These are charged additionally per order. The shipping costs can be viewed on our website under the menu item “Delivery and shipping costs”. The specific amount of shipping costs will be displayed before the customer places a binding order (clicking on the “Buy” button at the end of the ordering process).
8.3 If deliveries are made to countries outside the European Union, additional customs duties, taxes or fees may apply, which must be paid separately by the customer to the responsible customs or tax authorities, but not to mykinema GmbH.
8.4 The purchase price is due upon conclusion of the contract, except for cash on delivery purchases. When purchasing cash on delivery, the purchase price is due upon receipt of the goods and invoice and must be paid directly to the carrier.
Payment can be made by bank transfer (advance payment) or cash on delivery.
9. Retention of title
The goods remain the property of mykinema GmbH until full payment has been made. The customer is not permitted to dispose of the goods before the purchase price has been paid in full.
10. Warranty / Guarantee
10.1 The customer's warranty claims are based on the legal regulations.
10.2 The warranty period for new goods is 2 years, the warranty period for used items is 1 year.
10.3 mykinema GmbH gives no guarantee on the items sold. Guarantee promises from a manufacturer always mean a separate legal relationship between the customer and the manufacturer. claims
Guarantee commitments from third parties do not constitute any claims against mykinema GmbH and must be asserted directly against the respective guarantor.
11. Limitation of Liability
11.1 mykinema GmbH is liable in accordance with the statutory provisions if the customer asserts claims for damages that are based on intent or gross negligence, including gross negligence or intent on the part of our representatives or vicarious agents. As long as mykinema GmbH is not accused of an intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
11.2 mykinema GmbH is not liable for damages caused by simple negligence on the part of mykinema GmbH, our representatives or vicarious agents, unless these are based on a breach of an essential contractual obligation. In this case, however, the liability for damages is also limited to the foreseeable, typically occurring damage.
11.3 Unlimited liability for injury to life, body or health as well as mandatory liability under the Product Liability Act remains unaffected by the liability limitations.
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (“OS”) for disputes in online commerce.
Consumers can use this platform to resolve disputes out of court. The platform can be accessed via http://ec.europa.eu/odr.
13. Data protection
Information on the type and extent of data collected and your rights can be found under the separate menu item “Data protection declaration” on this website.
14. Choice of law/place of performance/place of jurisdiction
14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, the choice of law only applies to the extent that this does not conflict with mandatory provisions of the country in which the consumer has his or her habitual residence.
This choice of law also does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
If the customer is not a consumer, the warranty period for new goods is 1 year; the warranty is excluded for used goods.
If the customer is not a consumer, the obligations to inspect and give notice of complaints pursuant to Section 377 of the German Commercial Code (HGB) apply.
14.2 If the customer is a merchant, the place of performance is the headquarters of mykinema GmbH.
14.3 SIf the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is filed, the place of jurisdiction is the registered office of mykinema GmbH.