Service & Geschäftsbedingungen
Business Terms (GTC)
1. Price information in the first place are net plus. The valid ges in EUR. VAT. They are decisive for invoicing. The listed second "gross" prices (partly in bold) are non-binding and show the price currently symbolically incl. 19% VAT.
2. Deliveries within Germany take place after payment.
3. Deliveries outside of Germany take place only after payment. Payments must be made to the account at Postbank Hamburg. All this bank fees must be covered by the principal. The delivery of the ordered goods takes place only after full payment of the invoice amount and subject to the readjustment of any additional and / or acquired bank charges.
4. For orders below 40.00 EUR merchandise value a processing fee of 4.50 EUR net (5.36 EUR gross) will be charged.
5. Estimates for repair or overhaul, diagnostics are -depending on Arbeitsaufwand- with min. 48.00 EUR excl. VAT. Calculated. Any appointment of the services of this amount relates. Handed over to us and equipment items are being returned only by mail order.
Under 180.00 EUR net repair costs no cost estimate is created. Up to this value the repair order is already considered by sending the device to be granted.
There is no self Adoptable.
If after release of a device or article by the customer to Wittner cinema technology or Wittner Cinetec GmbH + Co. KG within 18 months no feedback from the customer concerning the repair work, the continued detention or returning the equipment or items before, the devices or products disposed of without notice.
We reserve the right to return part-dismantled equipment or products. That the repair is not running, so the inspected object does not need to be added to the original state, if it is economically and technically feasible. To create a cost estimate are necessary interventions in the device. Therefore, in no place of repair-no matter from which Grunde- the unit u. U. no longer be returned in their original condition.
6. Deliveries on open account can be refused without giving reasons. Details of payment terms on the invoice are binding.
7. Transport and packaging costs borne by the buyer.
8. All deliveries are made at the customer's risk. We will choose the cheapest shipping mode. With transport damage, the provisions of the transport company, regulating objection periods. This is solely responsible for the client or the recipient of the shipment. For commercial customers the risk takes place on the day of delivery of the shipment to the carrier.
The shipment via express mail only at the express request of the customer and only when a written order. Shipping on film return means sending by mail. This shipment is not insured against loss or damage. The film returning is insured against surcharge by parcel service. However, this occurs only at the express request of the customer and only when a written order.
9. Complaints or returns of defective goods or incorrect deliveries must be made within 14 days after date of delivery. If there is no claim or send, the delivery then (in terms of contractual fulfillment) as accepted. The subsequent entry of a guarantee or warranty case is also to be reported immediately. It is then, at our discretion replacement or repair. Further claims are expressly excluded.
Guarantee compliance with EU fiscal rules in virgin / new appliances 24 months (end user) or 12 months.
Guaranteed in accordance with EU financial regulations for used items or devices 12 months (end user) or 6 months.
For used items or equipment but any defects are excluded, which are considered for the age of the article or appliance to be typical. All implied warranties or other services within the warranty period shall be exclusive from Hamburg, Germany.
We provide in stock goods from the standard factory-new product range 14 days to return because of non-pleasure under Fernabsatzgesetz only for private consumers. but exclude those special orders, non-stock goods and Mass / special, footage, perishable goods and used equipment (= custom). That purchase on approval is not possible with these articles.
For commercial customers, self-employed, freelancers and companies is no fundamental right to exchange or return right (except warranty issues). Only with our express consent, which can be requested on a case, an exchange or a return can be accepted. To exchange or return process are 15% of the value, but not less than 25,00 EUR excl. VAT. Calculated. We reserve the right, even after the arrival of an approved return to reject this. An exchange or a return, we agree -wenn- only after inspection of the goods and only when they are of perfect quality (incl. Original packaging) to. Otherwise the goods will be returned at the expense of the client to this.
10. Spare parts and wear parts (such as belts and lamps) and perishable goods (such as film) are non-returnable. Also magazines / books, picture / sound carriers or software (DVD, CD, etc.), all semiconductors (eg solar cells) and electronic components from the exchange are excluded.
11. The contract takes effect only upon sending an order confirmation ( "Order - Order", PDF document) Email existence to you.
Here are the only in the PDF file "Order - Order" based on the data contained. Any written or oral side agreements are only considered the contract, if this "order - Order" in the document are listed.
With your order you make a binding offer to us to conclude the contract with you.
During the order you have before sending the order the way, all information is to check (eg name, address, payment method, item ordered, etc.) and change it if necessary, before you ship your order.
You make the order when you enter all information during the order process and ship the order by pressing the button "Submit Order" to us.
We first send an order-confirmation of receipt. Your contract offer (order) We accept only with sending the binding order confirmation (email with PDF document "Order - Order" in the appendix) - on data listed and exclusively on the basis of the PDF file "Order Order". They are responsible for the examination of these data whose correctness confirm conclusively with your payment.
12. For in cassettes or reel / cores made-footage applies: coils (coils camera / Daylight coils), cans, film cores and film cassettes remain our property and remain after film processing laboratory.
As generally agreed length tolerance in all types of film are +/- 10%. Another value is only valid if it has been explicitly guaranteed in writing for the product in question.
In the case of non-compliance with a written confirmation of delivery length and length tolerance, the customer has a right to withdraw from the contract. Footage already used but in this case counted. Claims for damages for non-compliance with a confirmed delivery length are specifically excluded.
Information (lying layer side on winding inside or outside) the situation of the film emulsion for informational purposes only and does not constitute guaranteed product quality. Each film exclusively the user carries the responsibility for checking the position of the film emulsion (film side) and the corresponding loading it properly of the film in the film unit (example film camera: film emulsion / film side to the lens / image window aligned).
13. In film developments, the adhesion to material replacement (unexposed film in the same size and length in an identical or similar qualitative emulsion) limited. Further claims are expressly excluded.
The liability of Wittner Cinetec GmbH + Co. KG is limited in any case in a timely and justified complaint to the obligation to eliminate the defects in the finished goods without Rohfilmersatz, as far as technically possible. For any loss or damage to us from objects or films for processing and / or development of the liability of Wittner Cinetec GmbH + Co. KG to the redelivery of raw film in the same length of the damaged and / or lost parts limited.
Further compensation claims of any kind, in particular the assertion artistic or other values are explicitly excluded.
War, operational disturbances, riots, strikes, lockouts, traffic disruptions, lack of freight opportunity, labor or raw materials, supplies or other natural events or acts by public authorities are considered force majeure and release Wittner Cinetec GmbH + Co. KG for the duration and to the extent their impact on its obligations, in particular the obligation to deliver. Such events can lead to Wittner Cinetec GmbH + Co. KG and the purchaser the right to cancel the contract completely or partially. any claims against Wittner Cinetec GmbH + Co. KG are hereby In no case for the purchaser founded.
14. The occurrence of a warranty claim entitle the purchaser to defer payment of outstanding invoices.
15. Prices are subject to market fluctuations.
16. The goods remain until full payment of the absolute property of the seller (Wittner Cinetec GmbH + Co. KG). The regulations for "General conditions for products and services of the electrical industry" including the supplement to the extended retention of title in the latest version.
Our deliveries remain our property (reserved goods) until payment of all, also future claims, regardless of the legal cause, particularly the balance demands that we, for whatever legal reason, are entitled. This also applies if payments on specifically designated claims made are. Until the passage of title the purchaser shall store the delivery item for us and at his expense in our favor. Treatment and processing carried out for us - without obliging us - excluding the acquisition of property according to § 950 BGB. The treated or processed goods serve as our security to the invoice value of the goods. In connection / processing with other items not belonging to us by the buyer ownership of the new thing to us is in proportion to the invoice value of the goods to the other processed goods at the time of connection or processing. the same is true in the rest as in the conditional goods to the product created from the connection / processing new thing. It is regarded as reserved goods under our conditions. The buyer may the goods supplied under our retention of title only in the ordinary course of business, just as long as he is not in default and sell only disclose our retention of title. At other dispositions regarding the conditional goods, he is not entitled. The claim of the customer from the resale of the goods is already assigned to us, irrespective of whether the reserved goods are resold without or after processing. The assigned claim serves to secure our claims to the value of the respective resold reserved goods and, where appropriate the respective balance claim. The purchaser is entitled to collect the debt, our authorization to collect remains unaffected by the collection right of the purchaser. At our request, the purchaser must notify us of the debtors of the assigned claims and the debtors of the assignment and to give any necessary for collecting information and documents. Insofar as the reserved goods are seized or otherwise affected by third parties, the purchaser must notify us immediately. The demand on the reserved goods does not constitute withdrawal from the contract. The Purchaser's right to possession of the goods expires if he does not fulfill its payment obligations.
17. We assume neither a guarantee nor any liabilities for damages or consequential damages to materials, equipment or persons in connection with our products, improper use.
18. The processing and delivery time depends on the order situation. Delivery dates are only binding with written confirmation of the delivery date. In the case of non-compliance with a written confirmation delivery date, the customer has a right to withdraw from the contract.
Claims for damages for non-compliance with a delivery time is expressly excluded.
Custom, factory orders, low and other special orders are usually executed or processed only after payment. The may be mentioned delivery time is understood in these cases from the day starting, following the day of receipt of payment from us.
All offers on reconditioned, remanufakturierten and probe range produced equipment and accessories is "made by order" - Article (special order). Since a thorough work-up or processing is very time-consuming, the delivery time is about 8-12 weeks is in these articles usually non-binding outgoing.
In particular, during periods of market shares and / or new parts or spare parts have to be made, but delivery times of non-binding additional 6-12 months may arise.
Partial deliveries are made only when a written order by the customer and to calculate the extra shipping costs. If nothing has been agreed in this respect, applies common delivery when all items for delivery are available.
19. This catalog loses the appearance of a new catalog or a price list valid.
20. Pictures in our listing pages and catalogs are symbolic, ie the product type similar or corresponding.
Deviations from actual items (eg successor models) are possible. The texts give accurate to the actual type and the scope of supply.
21. For minors the sale of goods takes place only with the signature or guardian.
22. Jurisdiction and performance is Hamburg.
23. Reprinting and copying is allowed only with permission of the author.
24. To the extent any provision of these terms and conditions should be legally ineffective, this does not mean their total ineffectiveness.
25. Errors and misprints are expressly reserved.