利用規約
General Terms and Conditions with Cancellation Policy and Customer Information
Table of Contents
- Scope of Application
- Offers and Service Descriptions
- Order Process and Contract Conclusion
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Methods
- Retention of Title
- Warranty for Defects and Guarantees
- Liability
- Cancellation Policy for Consumers
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between CINEM8, Owner: Christian Grab, THE VOID c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, Email: info@cinem8.co (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") in the version valid at the time of the order.
1.2 A consumer in the context of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An entrepreneur (also referred to as a business customer) is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession. Freelancers or legal entities under public law (e.g., authorities) are also considered business customers. We reserve the right to verify the entrepreneurial status of a customer, e.g., by submitting appropriate documents (business registration, etc.).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee. Errors excepted.
3. Order Process and Contract Conclusion
3.1 The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button "Add to Cart." The product selection can be changed within the shopping cart, e.g., deleted. Subsequently or alternatively immediately, the customer can proceed to the completion of the order process by clicking the button "Checkout." By clicking "Buy Now," the customer will immediately proceed to select the payment method as part of an "Express Checkout." Additionally, discount codes can be entered within the shopping cart if available.
3.2 By clicking on the buttons "Proceed to Checkout," "Proceed to Payment," and "Review Order," the customer will reach the order completion page and will be asked to provide personal information, address, and contact details as well as payment information.
3.3 On the order completion page, the customer will also receive an overview of the ordered products, be asked to agree to the GTC, and will be informed about their right of withdrawal.
3.4 By clicking the button "Place Order," the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser's "back" function or cancel the order process altogether. Required information is marked as such; if all information is generally required in a form, the non-required information will be marked.
3.5 The customer will then be directed to the payment process depending on the selected payment method.
3.6 The seller will then send the customer an automatic receipt confirmation by email, in which the customer's order is listed again, and which the customer can print out using the "Print" function (order confirmation).
3.7 The automatic receipt confirmation in the online shop and the acceptance of the order via other means of communication merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer to conclude a contract. The purchase contract is only concluded when the seller has made the ordered product available to the customer, transmitted it, or confirmed the conclusion of the contract to the customer within 3 days with a second email, explicit order confirmation, or sending of the invoice. The contract is also concluded when the payment has been made.
3.8 If the seller enables advance payment, the contract is also concluded with the provision of the bank details and payment request. If the payment is not received by the seller despite being due even after a renewed request within 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the consequence that the order is void, and the seller has no obligation to deliver. The order is then completed without any further consequences for the buyer and seller. Therefore, a reservation of the item in advance payment is made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
All prices stated on the seller's website include the applicable statutory value-added tax.
5. Delivery, Product Availability
5.1 Delivery is made by providing an online download option for the purchased products or direct delivery of the product (e.g., by email).
5.2 If advance payment is agreed upon, the transmission or provision of the products will take place after the payment amount has been received.
5.3 If the ordered product is not available through no fault of the seller (e.g., because required software from its provider, if product-related, is changed without notice), the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest providing a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any payments already made by the customer.
6. Payment Methods
6.1 The customer can choose from the available payment methods within the order process before completing the order. The payment methods available are credit card, PayPal, Apple Pay, Shopify Pay, Klarna, and Google Pay.
6.2 If payment by invoice is possible, the payment must be made within 14 days after receiving the product and the invoice. For all other payment methods, payment must be made in advance without any deduction.
6.3 If third-party providers are commissioned with the payment processing, such as PayPal, Google, or Klarna, their General Terms and Conditions apply.
6.4 If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.
6.6 The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of Title
7.1 Until full payment has been made, the delivered products remain the property of the seller.
8. Warranty for Defects and Guarantees
8.1 For customers who are entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to §478 BGB remain unaffected. If the delivered product is defective, the seller shall initially provide a warranty to customers who are entrepreneurs, at his discretion, either by remedying the defect (repair) or by delivering a defect-free product (replacement).
8.2 The warranty is otherwise determined according to legal regulations.
8.3 A guarantee exists for the products delivered by the seller only if it has been expressly granted. Customers will be informed of the guarantee conditions before initiating the order process.
9. Liability
9.1 The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other statutory claim requirements.
9.2 The seller is fully liable if the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the contract's purpose, or for the violation of duties, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences.
9.4 The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 As far as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Cancellation Policy for Consumers
Instruction on the right of withdrawal for consumers regarding the delivery of digital content that is not delivered on a physical data carrier (e.g., e-book, software download).
Cancellation Policy
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (CINEM8, Owner: Christian Grab, c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, Email: info@cinem8.co) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). 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.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen 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.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and submit this form.)
- To CINEM8, Owner: Christian Grab, c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, Email: info@cinem8.co
- I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
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(*) Delete as appropriate.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not exist for contracts for the delivery of digital content that is not pre-produced and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely if we have only begun to perform the contract after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal with the beginning of the performance of the contract on our part. We point out that we can make the contract dependent on the aforementioned consent and confirmation.
11. Storage of the Contract Text
11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2 The seller will also send the customer an order confirmation with all order data to the email address provided by the customer. With the order confirmation, but no later than with the delivery or provision of the product, the customer will also receive a copy of the GTC including the cancellation policy. Furthermore, the seller stores the contract text but does not make it accessible on the internet.
12. Final Provisions
12.1 The contractual relationship with the seller is not transferable to other persons or companies.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, provided that no mandatory legal provisions conflict with this.
12.3 The place of fulfillment for buyers who are entrepreneurs is the seller's place of business. The place of jurisdiction is the seller's place of business, provided that the buyer is a merchant, a legal entity under public law, or a special fund under public law, or the buyer has no general place of jurisdiction in the Federal Republic of Germany. The seller reserves the right to choose another permissible place of jurisdiction.
12.4 The contract language is German.
12.5 European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Date: 01.01.2026