General Terms and Conditions
Uwe Mimoun, Trade Company, Klostergasse 19, 2120 Wolkersdorf im
Weinviertel, Lower Austria, hereon shortened to UMTC.
1. The following general terms and conditions apply for all business dealings between UMTC and the customer. The most recently revised version valid at the point in time of the conclusion of the contract is authoritative. These GTC (General Terms and Conditions) apply exclusively. By filing an order, the customer declares themselves in agreement with these GTC and is committed to them. These GTC also apply for future orders by the customer, even if they are not expressly stipulated again.
2. Any general terms and conditions and/or agreements that deviate, conflict with or amend our terms and conditions, even when known, shall not form an integral part of the contract unless their application is expressly agreed.
3. Customers in terms of these GTC are both consumers and traders. If consumers are discussed in these GTC, then they are understood to be natural or legal persons for whom the purpose of the order is not able to be ascribed as being part of a commercial, independent or preprofessional activity. Independent traders are natural or legal persons or partnerships of legal capacity pursuing commercial or independent professional activities. Moreover, businesses are also understood to include permanently established organisations pursuing independent business activities even if these activities are not profit-oriented. The distinction between consumer and trader will be taken as according to the Austrian Consumer Protection Law (KschG).
2. Conclusion of Contract
1. Orders and deliveries are only possible within Austria and Germany. Customers who have not yet reached 18 years of age require the consent of a legal guardian. Should a withdrawal or cancellation of the contract occur, UMTC are at liberty to demand the immediate costs of the return.
2. All offers from UMTC are non-binding; they apply solely as an invitation to place an offer. Drawings and details, in particular weight and size specifications, are given only as approximations. The customer accepts any minor and justifiable changes.
3. The customer declares his/her contractual offer to become binding with the order. UMTC will confirm the receipt of the order immediately. This confirmation serves the customer as a receipt for the successful processing of the order and does not represent an acceptance of the order. The confirmation of receipt serves only as a declaration of acceptance if UMTC makes this explicitly clear in writing.
4. UMTC shall have the right to accept the contract offer included within the order
from three working days after its arrival at UMTC. This acceptance takes place
either through the delivery of the goods or through the forwarding of a written confirmation of the order. If a confirmation of the order is not sent by UMTC or the goods are not dispatched to the customer within the aforementioned deadlines, then the customer’s period of commitment has expired and the purchase agreement has not materialized. UMTC shall have the right to deny an acceptance of the order, for example, after checking the credit rating of the customer. UMTC shall have the right to limit the order to a common household amount.
5. The conclusion of the contract with independent traders is processed only with the proviso that in cases of false or improper self delivery, it may only be partially carried out or not carried out all. In the event of unavailability or only partial availability, the trader will be informed immediately. A counterperformance will be refunded immediately.
6. The text of the contract will be saved by UMTC and a version will be sent to the
customer via e-mail together with a version of the validly included General Terms and Conditions.
3. Prices and Terms of Payment
1. The offered prices are actual prices in EUR and apply up until retraction. Indications of prices are nonbinding; the legally payable sales tax is included in the price. Costs for packaging and delivery are added separately in the form of a flat rate in the invoice which will also be declared as an individual item in the order. This is validated by the customer in terms of content with the order and the amount is approved. The prices are definitive at the point in time at which the order is made. When dealing with deliveries through a forwarding agent, the delivery price is dependent on the value of the delivered goods.
2. All prices are applicable only for delivery within these countries.
The customer can make the payment by Paypal. UMTC reserves the right to rule out certain methods of payment. If the goods are delivered via cash on delivery, then UMTC shall have the right to charge an additional cash on delivery fee. Prepayment only.
3. UMTC reserves the right make deliveries of the goods, particularly with deliveries through a forwarding agent, dependent on a pre-payment (down payment). This varies depending on the product and the conditions of the contract and amounts to 20% of the purchase price.
4. The customer agrees to bear all the necessary costs and expenditure associated with any recovery actions and efforts such as, in particular, all reminder charges, collection charges from debt collection agencies and legal intervention in line with fee guidelines or indeed any necessary costs for appropriate legal prosecution. Should the customer default all incoming payments will first be credited to the costs incurred as a result of the debt collection, as well as the activities of debt collection agencies or attorneys, to the interest incurred up to that point, and then charged to the capital. Should there be further liabilities on the side of the customer towards UMTC, the credit shall be made to the incoming payments in the aforementioned manner of those arrears which have been outstanding for the longest period of time. A dedication clause taken by the customer towards UMTC will remain nonbinding for UMTC.
1. UMTC shall have the right to send partial deliveries. When sending partial deliveries, UMTC shall have the right to bill, with appropriate invoices, for those parts of the order that have already been delivered; the customer is obligated to allow partial deliveries, with the appropriate invoicing.
2. Delivery dates and deadlines are non-binding. The delivery deadlines vary depending on the product and the conditions of the contract. It is dependent on the customer to make a down payment, so that a delivery deadline can be made once the payment has been collected by UMTC.
3. Small consignments will be sent to the customers using a parcel service. All other orders will be sent via a forwarding agency to an address given by the customer.
4. If a binding delivery date is agreed in writing and the delivery deadline is exceeded by a period of two weeks in the case of small consignments or four weeks in the case of shipments by a forwarding agent, then the customer can grant a 14 day grace period in writing. Should this grace period be exceeded then the customer shall have the right to rescind the contract.
5. The occurrence of events that UMTC are not responsible for, such as force majeure, strike, lock-out, loss of production by the subcontractors or suchlike, prevents the expiry of the delivery deadlines for that time period in which this event is occurring. Should the delivery be impossible or infeasible for UMTC due to the aforementioned circumstances, then UMTC will be free from any delivery deadlines in the form of a mutual rescinding of the contract, without the customer being able to make claims, for whatever legal reasons, thereof against UMTC. UMTC will notify the customer immediately.
5. Transfer of Risk
All risks associated with accidental destruction or the accidental deterioration of the goods are assumed by the customer with their handover, with sale by dispatch this is with the handover of the goods to the forwarding agent, the carrier or any party responsible for delivering the goods to the customer. If desired, the goods can be insured by UMTC at the cost of the customer. If the customer delays in accepting the goods, the transfer shall still be deemed to have taken place.
6. Reservation of Title
1. The delivered goods remain the unreserved property of UMTC until the complete payment has been made (including any interest, charges or costs). The customer is obligated to keep the object of purchase free from any third party rights until the complete payment, in particular neither selling on the object of purchase nor to pass onto a third party for security.
2. The customer is not allowed to adapt or manipulate the goods.
3. The customer is obligated to handle the goods with care for the duration of the retention of the title. The customer must instruct UMTC immediately in writing should any third party have access to the goods subject to the retention of the title, in particular compulsory enforcement measures, as well as any damage to or destruction of the goods subject to the retention of the title. A change in the ownership of the goods subject to the retention of the title, as well as a change in the given address, must be made aware to us by the customer immediately. The customer must compensate UMTC for all damages and costs that arise as a result of a violation of these obligations and any necessary interventions regarding access by third parties to the goods.
4. UMTC shall have the right to rescind the contract and demand restitution of the
goods should the customer’s actions be in breach of the contract, especially in terms of a default in payment. In addition, UMTC shall have the right to rescind the contract and demand restitution of the goods should there be a breach in duty according to 6.3, if holding to the contract is no longer feasible. This rescission takes place irrespective of the claims UMTC have in relation to damages caused by non-fulfilment. Moreover the customer owes UMTC an appropriate remuneration for use of the goods.
5. The trader shall have the right to sell on the goods in the proper course of business. He assigns to UMTC all invoiced amounts of all claims arising from such resales to third parties and agrees to make mention of any such claim in his books or invoices. UMTC accepts this assignment. After the assignment the trader is authorized to collect the claim. UMTC reserves the right to collect the claim itself as soon as the trader does not properly fulfil its obligations of payment and is in default of payment.
7. CANCELLATION RIGHT FOR CONSUMERS
1. The terms and conditions outlined in this passage apply exclusively for consumers.
2. You have the right to rescind this contract in written form without given reason within 14 days if the goods are relinquished before the expiration of the deadline – or to rescind by returning the items. The cancellation period is 14 days beginning on the day that you have received these guidelines in written form, not however before the day on which you or a third party named by you, who is not the carrier, have taken the goods into possession. To exercise your cancellation right, you must inform UMTC of your decision to rescind the contract via a clear written explanation (in, for example, a letter sent by post or an e-mail). You can use the enclosed example cancellation form but this is not required. The cancelation notices should be sent to:
Uwe Mimoun, Klostergasse 19, 2120 Wolkersdorf im Weinviertel, Austria email@example.com
In compliance with the cancellation deadline it will suffice that you communication your wish to exercise the cancellation right before the expiry of the cancellation period.
3. If you cancel the contract, UMTC will reimburse all payments that they have received from you, including the delivery charges (with the exception of additional delivery costs that arise from you having chosen another form of delivery than the cheaper, standard delivery offered by UMTC), immediately and within 14 days at the latest, from the point at which your wish to rescind the contract has been received by UMTC. For this repayment, UMTC will use the same method of payment that was used for the original transaction, unless otherwise agreed. In no case will charges be invoiced for this repayment. UMTC can refuse the repayment until UMTC have regained possession of the goods or until you have provided proof that the goods have been sent back, whichever is earliest.
4. You have to return or hand over the goods immediately, or within 14 days at the latest starting from the day on which you have informed UMTC of the cancellation of this contract. The deadline is kept if you send out the goods before the expiration of the 14 day period. You bear the immediate costs for the return of the goods. The goods must be return in an unused, resalable condition and in the original packaging. You must only compensate for a loss in value if this loss in value is backed up by a test of the quality, properties and functionality of the goods. “A test of the properties and functionality” means a testing of the goods as it is possible and customary in a store. The cancellation right does not apply with goods whose price is dependent on variations in the financial market that the trader has no influence on and that can occur during the cancellation period.
Cancellation Form Template
• To Uwe Mimoun, Klostergasse 19, 2120 Wolkersdorf im Weinviertel, Austria firstname.lastname@example.org
I hereby rescind from the completed contract for the purchase of the following goods.....ordered
• Date, Name, Address and Signature of the consumer
8. Cancelling the Contract
1. UMTC shall have the right to rescind the contract and seek return of the goods if the actions of the customer run contrary to the contract, in particular a default on the payment. In addition UMTC shall have the right to rescind the contract in the event of a breach of a contractual obligation if holding onto the contract is no longer feasible. This rescission takes place irrespective of the claims UMTC have in relation to damages caused by non-fulfilment. Moreover the customer owes UMTC an appropriate remuneration for use of the goods.
2. In case of a rescission of the contract, UMTC has the choice to either request a
compensation charge of 15% of the invoice amount or to seek the actual damages amount.
3. Should the customer rescind the contract or seeks its annulment without being entitled to, UMTC have he choice to either stand by the fulfilment of the contract or to agree to the annulment of the contract. In the latter, the customer is obligated, at the wishes of UMTC to either seek compensation payment of 15% of the invoice amount or the actual damage costs.
4. In case of a contract cancellation, either mutual or eligible, then the customer must return those goods that have already been delivered immediately, or within 14 days at the latest, at their own risk and costs to UMTC. The return address is Uwe Mimoun,
Klostergasse 19, 2120 Wolkersdorf im Weinviertel, Austria.
5. Offsetting, Withholding and Assignment
6. The offsetting and assignment of refusal performance rights and rights of retention with purchase price accounts receivable or any other claims from UMTC against other uncontested or legally binding counter claims is ruled out. Hereon remain the
customer’s mandatory refusal performance rights and rights of retention which arise from the same contractual relationship
7. Where doubt arises regarding the solvency of the customer, in particular in relation to the payment of arrears, UMTC can, subject to ongoing claims, seek
prepayments or securities for further deliveries as well as revoke agreed payment terms.
8. Rights and obligations under the purchase agreement may not be transferred to a third party without our express written permission.
Note: All KONO! films are Experimental films with a limited liability; so the films are sold without warranty or liability for defect, damage or loss cause by negligence or other fault. UMTC ist not responsible for damages caused by incorrect handling or use of the goods.
1. UMTC affords warranty within the scope of the legal terms of §§ 922ff ABGB, as long as no modifications are made in the scope of this GTC or the agreed contract.
The warranty period for consumers is 2 years from the delivery of the goods. For used items, the warranty period is one year from the delivery of the goods. In cases of an objective legal transaction however amongst traders, then the shortened warranty period of six months applies. A seller’s warranty for used, personal items will be completely ruled out. The customer has the choice to choose between an improvement or a replacement. UMTC shall have the right to refuse the chosen form of redress if it is impossible or would result in disproportionate expense for us compared to the alternative form of redress. If an improvement is not possible or manageable, then the customer can seek a reduction in price or, provided that it is not a minor defect, the cancellation of the contract.
3. The warranty does not apply for defects arising from incorrect handling or normal wear. The warranty obligation of UMTC does not apply if the customer or a third party attempts to repair the product without the prior agreement of UMTC; this does not apply if the customer can prove that repair measures were not responsible for the damage or defect.
4. Traders are obligated to immediately examine the goods for completeness and lack of defects and must report in writing the nature and extent of any defects found within 7 days from the point of handing over the goods at the latest. Non-visible abnormalities must be reported in writing by the customer with exact specifications within one week at the latest after detection. Should a defect not be reported or not reported within the time period specified, then the goods will be deemed approved. The enforcement of warranty or compensation claims as well as the right to appeal against an error is in this case ruled out. In keeping with the deadlines, a punctual dispatch via email or letter will suffice:
Uwe Mimoun, Klostergasse, 19 2120 Wolkersdorf im Weinviertel, Austria
The trader is nevertheless responsible for the full burden of proof for all prerequisites for claims, in particular for the defect itself, for the point in time in which the defect was found and for the punctuality of the defect rebuke.
5. UMTC provides the customer no guarantee in the legal sense. Manufacturer
guarantees remain hereby unaffected.
10. Liability Limitations
1. Claims for damages are limited to those damages that are either deliberately or as a result of gross negligence culpable to UMTC, whereby evidence of their culpability must be provided by the customer. Further claims, in particular for minor negligence, the compensation of subsequent damage and financial loss, savings not incurred, loss of interest and damages from third party claims against the customer are ruled out. The disclaimer of liability does not apply for claims arising from the product liability law. Further more the disclaimer of liability does not apply to UMTC for any calculable claims arising from injury, damage to the health or the loss of life of the customer.
2. UMTC is liable only for their own content on the website of their Online Shop.
UMTC are not responsible for any foreign content that can be accessed using links on their website. UMTC does not assume ownership of foreign content. Should UMTC possess knowledge of illegal content on external websites, then UMTC will block access to these websites immediately.
11. Data Protection
The customer hereby acknowledges that the electronically entered data will be saved and electronically processed by UMTC for the purpose of fulfilling the contract. He also agrees to a transfer of this data within the scope of the provisions and restrictions of the data protection law. The customer is hereby made aware that this approval can be revoked at any time.
12. Copy right
There is a copy right on the website content www.reanimatedfilm.com, including: photos, lyric, design an on productname.
13. Final Provisions
1. Oral supplementary agreements are not valid. Changes and amendments to these Terms and Conditions are only valid in written form. This also applies to a change in this formal requirement.
2. Austrian law is agreed as applying exclusively under exclusion of the UN convention on contracts concerning the international sale of goods. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains its customary residence, are not withdrawn.
3. The place of performance is the place of business of UMTC.
4. Place of jurisdiction for all disputes resulting directly or indirectly from the contract will be the appropriate and local Austrian court for the place of business of UMTC.
For legal actions against the consumer, this place of jurisdiction will only be agreed upon if the customer has their place of residence, natural residence, place of employment in this judicial district, or if the customer lives abroad.
5. If individual provisions of the contract, including the general terms and conditions are either wholly or partially void for the customer, then the validity of the remaining regulations remain unaffected. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
14. Privacy and Data Protection
The order procedure is protected by Secure Socket Layer (SSL) via Paypal. Cookies are used to ensure the optimal use of the Webshop, in particular the shopping cart feature. The customer hereby agrees that the electronically data entered by him/her may be saved and electronically processed by UMTC for the purpose of processing the order. He/she also agrees to a transfer of this data in accordance with the regulations and restrictions of the data protection laws. The customer is also made aware that this consent can be withdrawn at any time.