General terms and conditions
1. Scope of application
All Orders, services and offers performed by the Balser und Mitges GbR. (former called PIRATE MOVIE PRODUCTION) shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between PIRATE MOVIE PRODUCTION and the customer. We shall not accept provisions in derogation of these terms unless they have been confirmed by PIRATE MOVIE PRODUCTION in writing.
You can order online DVDs/books as well as clothing in our online shop for private use only. You may not place any order for commercial purposes.
3. Contractual languages
Contractual languages are English and German
4. Contract conclusion / Order transaction
The product description in the online shop is not a legal binding product offering but a non-binding online catalogue.
By entering his data and clicking the ordering button at the final step of the ordering process the seller places a binding ordering of the chosen goods. For this a confirmation window with your ordering details will open before ending the ordering process. There you can supervise and modify your order data.
After placing your order PIRATE MOVIE PRODUCTION will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale; it is merely for your information, to let you know that we have received your order. A binding contract of sale shall come into being when PIRATE MOVIE PRODUCTION confirms the product shipping (Shipping Confirmation) or acknowledges the order with a 2nd email. Your contractual partner is Sebastian Balser und Mitges GbR..
5. Return policy
Customers have the right to return the received items under the below-mentioned conditions. The deadline for returning goods is 30 days.
RIGHT OF RETURN
You can return the received goods without giving reasons within 30 days by returning said goods. These return instructions will be conveyed in text form in a separately sent notice following your order placement.
The period for returning goods begins at the earliest with the receipt of the instruction for the right of withdrawal in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to sec. 312 c, subs. 2 BGB in conjunction with sec. 1 subs. 1, 2 and 4 BGB-InfoV and also not before complying with our duties according to sec. 312, subs. 1, clause 1 BGB in conjunction with sec. 3 BGB-InfoV of the Austrian Civil Code. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods).
To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at seller’s risk and expense.
Please send the goods or your return request to:
PIRATE MOVIE PRODUCTION
Sebastian Balser und Mitges. GbR.
In case of an effective return, the services received reciprocally are to be guaranteed back and, as the case may be, use drawn by the beneficiary (e.g. functional advantages) is to be released. In case of item deterioration, value compensation might be demanded. This does not apply, if item deterioration only happened during examination -as it usually would happen in the shop. You can avoid value compensation by not using the item as the owner and omitting everything that might affect its value. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for Pirate Movie Production after receiving the said item.
EXCLUSION OF RIGHT OF RETURN:
According to sec. 312 d subs. 4 Nr. 2 BGB right of return or cancellation shall not be applied to distance contracts to supply audio- or videotaping or software as far as they have been unsealed.
Plastic sealed or sealed data carrier like DVDs or CDs can only be returned when the seal or plastic seal foil are undamaged.
END OF THE RETURN INSTRUCTIONS
6. Delivery/ Transportation
The item will be delivered to the customer’s given address. You will get your item, if possible, in only one package via post service.
The delivery times by orders paid by cash in advance apply upon receipt of payment. A delivery within Europe usually takes 4 to 7 working days. (weekends and holidays excluded).
7. Pricing and delivery costs and tax.
Prices are valid as shown on the website when the order is processed. All prices are in euros/USdollar and include the applicable sales tax (V.A.T). Delivery costs are added extra and will be shown on your receipt. All tax occuring for shipments outside of the European Union has to be paid by the customer.
You can choose between the following payment methods:
Paying with credit card
You can easily pay with the following credit cards: Visa, MasterCard and American Express. The data transfer is encrypted by making use of a secure 256 bit SSL-transmission. We will first reserve the invoice sum from your credit card, i.e. we will not debit the invoice on the first place. We will charge your credit card when we ship your order. Of course, we will not debit your credit card in case of non-accomplishment.
Paying by cash in advance
Pay easily by cash in advance Simply transfer the stated sum to our bank account and we start processing your shipment
9. Retention of Title
The goods are and remain property of PIRATE MOVIE PRODUCTION until the complete payment of the invoice sum is made.
The current legal rights will be applied in case of a defect in the delivered item. Claim for damages are in turn bound to the special provisions in section 11.
Customer claims for compensation are irrespective of their cause in law excluded – unless otherwise herein after called arisen.
The present limitation of liability does not apply in case of personal injury, of wilful or grossly negligent damage or of a violation of essential contractual obligations. It further does not apply as far as guaranteed characteristics of state have been made or a claim is established in accordance with the Austrian Product Liability Act.
In the case of negligence causing the violation of essential duties arising from the contract, PIRATE MOVIE PRODUCTION shall be liable for property damages up to a maximum of the amount foreseeable for this kind of contract.
Liability is limited or excluded for legal representatives or assistants of PIRATE MOVIE PRODUCTION, as far as this applies to PIRATE MOVIE PRODUCTION.
12. Links/ Copyright
PIRATE MOVIE PRODUCTION’s website may contain links to other sites in the Internet. PIRATE MOVIE PRODUCTION points out specifically that these sites are owned by third parties and that PIRATE MOVIE PRODUCTION has no responsibility for the content of such web sites. PIRATE MOVIE PRODUCTION checked for statutory violations in the content of the above mentioned sites at the time of its linking and no such infringement could be found. A periodical supervision of the linked sites without any palpable indication is not reasonable. However, any infringement report will lead PIRATE MOVIE PRODUCTION to delete the respective links immediately.
You may not use, duplicate or republish in particularly the copyrighted content included in this Site (especially texts, pictures, graphics, design, etc.) without express written permission from PIRATE MOVIE PRODUCTION.
13. Duty of secrecy and security
The orders as well as the personal information given by the customers will be recorded by PIRATE MOVIE PRODUCTION.
These data will be only used and processed within the scope of the applicable Data Protection Act. All personal data, like the address, and all credit card data are encrypted by making use of a SSL-transmission in order to secure the transfer of data through the internet.
14. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Austria and under exclusion from the UN sales law – unless opposed by any obligatory international consumer protection law.
15. AOB (Any other Business)
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected.