General Terms and Conditions
General Terms and Conditions of Paloma Productions Media und Marketing GmbH
Your contractual partner for all orders generated at this online offer is the Paloma Productions Media und Marketing GmbH, Hauptstrasse 41e, 86199 Augsburg, hereinafter called "Paloma Productions Media und Marketing GmbH". All deliveries of the Paloma Productions Media und Marketing GmbH to the customer are based on the following general terms and conditions. These underlie all offers and agreements between the Paloma Productions Media und Marketing GmbH and the customer and are considered as accepted for the duration of the entire business relationship. Conflicting or deviating conditions of the buyer are only binding if the Paloma Productions Media und Marketing GmbH has accepted them in writing.
2. Responsibility for Online Offer
Paloma Productions Media und Marketing GmbH is responsible for the articles and images offered in “Terence Hill Official Shop” as well as the overall design of the shop.
3. Conclusion of the Contract
(1) The offers contained on the website „Terence Hill Official“ represent a non-binding invitation for the customer to place an order with Paloma Productions Media und Marketing GmbH.
(2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: German, English, Italian.
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to Paloma Productions Media und Marketing GmbH. This proviso shall not apply in the event of short-term disruption to deliveries or if Paloma Productions Media und Marketing GmbH can be held responsible for non-delivery, in particular if Paloma Productions Media und Marketing GmbH fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
4. Delivery / Shipping
In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Paloma Productions Media und Marketing GmbH in writing.
Delivery shall be conducted by a shipment service provider chosen by Paloma Productions Media und Marketing GmbH. The customer has to pay standard delivery costs which may depend on order value, and where it is shipped to.
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The delivery address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay delivery and handling, which may depend on order value and the delivery location.
(4) Purchase price, along with delivery and handling charges are immediately payable, without deduction.
(1) The method of payment is by credit card, or other methods. Paloma Productions Media und Marketing GmbH reserves the right of restricting the number of payment methods that a customer can choose because of delivery country or order value.
(2) In case of the method of payment chosen by the customer is not being practicable, where Paloma Productions Media und Marketing GmbH has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Paloma Productions Media und Marketing GmbH or a third party which carried out the transaction.
(3) Paloma Productions Media und Marketing GmbH is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, Paloma Productions Media und Marketing GmbH is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to Paloma Productions Media und Marketing GmbH only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
(4) The customer agrees to electronic invoicing only.
7. Reservation of Ownership
(1) Up to the payment of any monies owed to Paloma Productions Media und Marketing GmbH the goods remain the property of Paloma Productions Media und Marketing GmbH. If the customer is a merchant according to the German Commercial Code (HGB), Paloma Productions Media und Marketing GmbH remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Paloma Productions Media und Marketing GmbH for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, Paloma Productions Media und Marketing GmbH shall not be liable for the continuous and uninterrupted availability of the online offer.
(4) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(5) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
9. Limitation of Liability
(1) Apart from that, liability on the part of Paloma Productions Media und Marketing GmbH follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Paloma Productions Media und Marketing GmbH only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Paloma Productions Media und Marketing GmbH also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Paloma Productions Media und Marketing GmbH liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Paloma Productions Media und Marketing GmbH according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of Paloma Productions Media und Marketing GmbH is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Paloma Productions Media und Marketing GmbH.
10. Information about the right of withdrawal for Consumers
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Paloma Productions Media und Marketing GmbH, Hauptstrasse 41e, 86199 Augsburg, Germany,email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 5 €. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Paloma Productions Media und Marketing GmbH, c/o MIMO GmbH, Affinger Str. 7, 86167 Augsburg, Germany, firstname.lastname@example.org:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Revocation of this contract is not possible with regard to the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalised by the customer to meet his personal preferences.
11. Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
12. Jurisdiction – Place of performance – Applicable law
(1) Place of fulfillment for all services is the place of business of Paloma Productions Media und Marketing GmbH in Augsburg.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Augsburg is the place of general jurisdiction. In such case, Paloma Productions Media und Marketing GmbH is also entitled to sue the customer according to the opinion of Paloma Productions Media und Marketing GmbH at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
Version Oktober 2017