Terms and Conditions of Business and Instructions on Cancellation
Last update: 7th February, 2013
- Scope of Application The following Standard Business Terms shall apply exclusively to the relationship between RealLifeVideo.de and the Purchaser. The latest valid version thereof shall apply at the time of placing the order. RealLifeVideo.de does not recognise different conditions of the Purchaser, unless, RealLifeVideo.de had approved their validity in writing.
- Making of the contract Your order represents an offer to us to enter into a sales contract. If you place an order with RealLifeVideo.de, we shall send you an email confirming that we have received your order and specifying its details (Confirmation of Order). This confirmation of order does not represent the acceptance of your offer, but it should only inform you that we have received your order. A sales contract shall take place only when we deliver to you the product ordered and send you a second email confirming the delivery (Confirmation of Delivery). No sales contract shall be made for products from the same order, which are not listed in the confirmation of delivery. The contractual partner is Carsten Jost.
- Right to Cancel Instructions on Cancellation
- Delivery Insofar as it is not otherwise agreed, all items shall be immediately delivered to the delivery address indicated by the customer. Provided that, if, during the processing of the order, RealLifeVideo.de notices that the products ordered are not available, you will be informed separately by email.
- Shipping costs and packaging Goods with a value of €25 are delivered within Germany with no charge for packaging and shipping costs. A total of €2 is charged for goods worth less than €25.
- Payment All prices for goods specified in the online shop are end prices plus costs for delivery and shipping, if applicable.
- Retention of Title If less than complete payment has been made, the goods delivered shall remain in the ownership of RealLifeVideo.de, until full payment has been made.
- Rights of Use and Copyright The software is delivered to you "as seen", without any guarantee or warranty. We shall not be liable in any event for direct or indirect damage, which results from the use of our software.
- Guarantee The legal guarantee periods shall apply. We are entitled to rectify or replace the defects that have occurred.
- Liability for Faults The statutory provisions shall apply if there is a fault in the purchased item. The assignment of these rights by the customer shall be excluded.
- Resale On the grounds of fairness, please do not resell our videos (otherwise the low prices cannot be maintained). Thereupon, we point out that offering second hand DVD-Rs on Ebay is forbidden in accordance with Ebay's User Agreement. RealLifeVideo.de reserves the right to reject orders from customers acting against this instruction of fairness.
- Data Protection The personal data collected by us shall be saved and protected subject to observance of the relevant rules relating to data protection, especially those of the Federal Data Protection Act.
- Copyright All logos, images, and graphics displayed are owned by RealLifeVideo.de and subject to copyright of the corresponding licensor. All photos, logos, texts, reports and software programs displayed on these sites, which are our own developments, shall not be copied, of otherwise used without our actual agreement. All rights reserved.
- Final Provisions The ineffectiveness of individual conditions of these Standard Business Terms and of the sales contract entered into shall not lead to the ineffectiveness of the other provisions hereof.
Right to Cancel
You may cancel your contract in writing (e.g. by letter, fax or email) within 14 days, without stating a reason, or in the event that you receive the goods before the said period expires, you may cancel your contract by returning the goods.
The time limit shall commence after receiving these Instructions on Cancellation in writing, but not before the Customer receives the goods (in the case of repeated deliveries of the same goods, not before the receipt of the first partial delivery) and also not before we have fulfilled our duty to inform you pursuant to Article 246, Section 2 in combination with Section (1 and 2) and 2 of the Introductory Act to the Civil Code (EGBGB) and have fulfilled our duties pursuant to Section 312g (1), Sentence 1 of the German Civil Code (BGB) in combination with Article 246, Section 3 EGBGB.
Your right is assured if your written cancellation and/or the return of the goods takes place during the time limit.
The letter of cancellation shall be sent to:
Consequences of cancellation
If you cancel the contract within the time limit, the mutually received benefits are to be returned and if so derived profits (e.g. interest) are to be returned. Should you be unable to return the entire goods or return them partially or only in a deteriorated condition, if applicable, you shall be required to pay us a compensation for loss of value. This shall not apply to goods received, if the deterioration of the item is exclusively attributed to its inspection, such as it is possible to do in a shop. Apart from this, you can avoid the duty to compensate for goods that have deteriorated through conventional use, by not using the goods as if they were your own property and by omitting anything that may impair their value.
Goods delivered in packages shall be returned to us at our own risk. You shall bear the regular costs for returning the goods, if the goods that were delivered match the goods you ordered and if the price of the goods to be returned does not exceed the sum of €40, or if in case of a higher value of the goods you have not yet paid the full price or a partial payment of the goods under the contract at the time of cancellation. Otherwise, the return is free of cost to you. Goods unsuitable for delivery by parcel shall be collected by us. Payment shall be made within 30 days. Your time limit shall commence when you send your cancellation or return the goods, and ours when we receive either your cancellation or the goods.
End of Instructions on Cancellation
Important Instructions on return/ Agreement to cover the costs when returning
The right to cancel shall not be applicable to deliveries of goods on account of long-distance sales transactions, which are manufactured according to customer's specifications, or were clearly tailored to suit personal needs, or are unsuitable for being returned owing to their nature. The same shall not be applicable to the delivery of audio or video recording or of software, in the case that the data carrier delivered has been unsealed by the consumer. If you cancel the contract, you shall bear the regular costs for returning the goods, if the goods that were delivered match the goods you ordered and if the price of the goods to be returned does not exceed the sum of €40, or if in case of a higher value of the goods you have not yet paid the full price or a partial payment of the goods under the contract at the time of the cancellation. Otherwise, the return is free of cost to you.
Please contact us on firstname.lastname@example.org before returning goods, in order to announce the return. In this way, we are able to allocate the products as quickly as possible.
If the delivery of the goods fails in spite of three attempts to deliver them, we may cancel the contract. If applicable, payments made shall be refunded to you without delay.
In the case of delayed deliveries, such as, for example, through force majeure, disruption of traffic and impositions by authorities, as well as in the case of other events for which we are not responsible, no claim for compensation can be made against us.
For deliveries abroad, we charge €3 for packaging and shipping costs of goods starting with a value of €25. We charge €5 for packaging and shipping costs of goods worth less than €25.
The following forms of payment are possible:
Advance payment (the Customer is obliged to pay the purchase price forthwith upon receipt of the order confirmation by transfer to our account). The Purchaser shall bear any possible fees incurred when making payments.
By PayPal (the Customer is obliged to pay the purchase price forthwith by PayPal upon receipt of the order confirmation by transfer to our PayPal account). We charge a fee for PayPal payments, which accord with the PayPal scale of charges.
You receive the precise payment information with the order confirmation. Please write your name and the DVDs ordered in the reference box, when making the payment transfer, in order for us to be able to allocate your payment to your order.
The invoice in PDF format, showing the VAT, is sent to you with the confirmation of payment receipt.
In the case of deliveries to countries outside the EU (including Switzerland), we reimburse German VAT after receiving the proof of importation issued by the local Customs Authorities (with the exception of download versions).
All data on our data carriers (DVD) are subject to copyright. The data may be copied, saved and used only for personal use. Any commercial benefit or reproduction for other purposes is strictly forbidden.
Renting, public presentation and broadcasting by the internet, or TV even partially, shall require our written permission.
Making available data on the internet (uploaded) and on other electronic networking (file sharing) as well as the processing, transferring and storing the same as an exception to the previous Clause shall not be permitted.
The customer hereby undertakes to observe the legal regulations of copyright at all times. In the case of non-compliance, we shall take legal action pursuant to Section 97 GCA on the grounds of omission and compensation.
RealLifeVideo.de shall not be liable for defects that result from incorrect handling, normal wear and tear, or through external influence. Upon the customer repairing the goods on his/her own, or by a third party, without our written approval, a guarantee claim shall expire. In no event shall we be liable for the fact that our manufactured DVD media are compatible with the playback devices used by the customer. Rather it is the responsibility of the customer, to enquire in advance of the binding purchase, whether the ordered DVDs can be used subject to the individual conditions of the customer.
RealLifeVideo.de shall not guarantee that the data made available can be played back free from faults with the respective computer system or software of the customer. Likewise, RealLifeVideo.de cannot guarantee the actual transferability of data to other data carriers and playback devices belonging to the customer.
If the fault has been removed by means of a replacement delivery, the customer shall send back to RealLifeVideo.de within 30 days the goods that were delivered initially. RealLifeVideo.de shall bear the costs thereof. Sending back the faulty goods shall take place in compliance with the legal provisions. RealLifeVideo.de shall reserve the right to claim compensation for damage under legally regulated requirements.
The limitation period is for twenty-four months, following delivery.
RealLifeVideo.de shall be liable without limitation if the cause of damage is either intentional or gross negligence.
RealLifeVideo.de shall be further liable for slightly negligent breaches of important duties, the breach of which puts at risk the achievement of the purpose of the contract, or for the infringement of duties, the fulfilment of which renders the proper performance of the contract and the observance of which is trusted to be kept at all times. In this event, RealLifeVideo.de shall be liable only for foreseeable, contractual typical damage. RealLifeVideo.de shall not be liable for slightly negligent breaches of other duties than those specified in the afore-mentioned sentences.
The foregoing limitation of liability shall not apply in the case of injuries to life, body and health, for a fault after taking over a guarantee for the quality of the product and in the case of fraudulently concealed faults. The liability under Product Liability Law shall remain unaffected.
Insofar as the liability of RealLifeVideo.de is excluded or limited, this shall also apply to the personal liability of employees or assistants.
The place of fulfilment and the Court of Jurisdiction for commercial parties is the registered address of RealLifeVideo.de.
The contractual partner is Carsten Jost, RealLifeVideo.de, Wilhelmstraße 25, D-76137 Karlsruhe, Phone: +49 (0) 721 6258726, Fax: +49 (0) 721 6259018, Email: email@example.com, VAT ID No.: DE270360938.