Allgemeine Geschäftsbedingungen der berg hammer film GmbH
§1 Applicability to entrepreneurs and definitions of terms(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text(1) The following regulations on the conclusion of a contract apply to orders placed via our Internet store https://www.berghammerfilm.at.
(2) In the event of conclusion of the contract, the contract shall come into force with
berg hammer film GmbH,
Karin Berghammer, MA
Registration number FN 500336t
(3) The presentation of the goods in our internet store does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
The acceptance of the offer shall be made in writing or in text form or by sending the ordered goods within one week. After fruitless expiration of the deadline, the offer is considered rejected.
(4) Upon receipt of an order in our Internet store, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the buttons "Order with costs".
3) Checking the information in the shopping cart
4) Pressing the "checkout" button
5) Login to the Internet store after registration and entering the login details (e-mail address and password).
6) Re-checking or correction of the respective data entered.
7) Binding submission of the order by clicking on the button "order with costs" or "buy".
Before the binding submission of the order, the consumer can, by pressing the "back" button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer is made in writing, in text form or by sending the ordered goods within one week.
(5) Speicherung des Vertragstextes bei Bestellungen über unseren Internetshop : Wir speichern den Vertragstext und senden Ihnen die Bestelldaten und unsere AGB per E-Mail zu. Ihre vergangenen Bestellungen können Sie in unserem Kunden-Bereich unter Mein Konto –> Meine Bestellungen einsehen.
§3 Prices, shipping costs, payment, due date(1) The stated prices include the statutory sales tax and other price components. Shipping costs, if any, shall be added.
(2) The consumer has the option of payment in advance, PayPal, credit card (Visa, Mastercard, American Express).
(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
§4 Delivery(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 3 working days. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item is handed over to the Buyer, even in the case of a sale by delivery to a place other than the place of performance.
§5 Retention of titleWe retain title to the goods until full payment of the purchase price.
§6 Right of withdrawal of the customer as a consumer:Right of withdrawal for consumers
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
- A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item. In order to exercise your right of withdrawal, you must inform us (company berg hammer film GmbH, Karin Berghammer, MA, Tandelmarktgasse 8/16,, 1020 Vienna, telephone number: 069917118969 , e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
- Exclusion or premature expiration of the right of withdrawal
Das Rücktrittsrecht besteht nicht bei Lieferung von Waren, die nach Kundenspezifikation angefertigt werden oder eindeutig auf die persönlichen Bedürfnisse zugeschnitten sind oder bei Lieferung von Audio- oder Videoaufzeichnungen oder von Software, sofern die gelieferten Datenträger von Ihnen entsiegelt worden sind.
Click here for the sample revocation form