1. scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Yorick Niess Film & TV Productions (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity. 1.2 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity (§ 13 BGB) .
2. conclusion of contract and order process 2.1 The customer can select products from the range of the seller without obligation and collect them via the button in a so-called shopping cart. Within the shopping cart, he can change the product selection as desired, e.g. delete. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart via the button "Proceed to checkout". 2.2 By clicking on the button "order subject to payment", the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and can also and go back to the shopping cart using the browser function "back" or cancel the order process altogether. Required information is marked with an asterisk (*). 2.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). function (order confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice. 2.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
3. right of withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy. The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4 Prices and terms of payment 4.1 The prices stated on the Seller's website include the applicable statutory value added tax. 4.2 In addition to the stated prices, the Seller charges a flat shipping and logistics fee for delivery. These costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5 Delivery and shipping conditions, availability of goods 5.1 If advance payment has been agreed, delivery will only be made after receipt of the invoice amount. 5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately. 5.3 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description. 5.4 Self-collection is only possible by prior arrangement (by e-mail to info(at)weltensegler.world and binding appointment.
6. redemption of promotional vouchers 6.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer may be redeemed in the Seller's online store. 6.2 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7. reservation of proprietary rights 7.1 If the seller makes advance payments, he retains ownership of the delivered goods until full payment of the purchase price owed.
8 Liability 8.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims. 8.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. 8.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. 8.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. 8.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
9 Liability for defects (warranty) 9.1 Unless otherwise stipulated in the following provisions, the warranty shall be governed by the statutory provisions. A warranty exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before the order process is initiated.
10. final provisions 10.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law. 10.2 Contract language is German or English.
10.3 Platform of the European Commission for online dispute resolution (OS) 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.