General Terms and Conditions
Conditions of Groenewold Media Consult GmbH
15. November 2012
§ 1 Applicability
1.1 The following General Terms and Conditions apply to all business relations between Groenewold Media Consult GmbH („GMC“) and the users of its online portal („Users“) in the version applicable at the time of concluding the contract. GMC will not accept Users’ conditions, which deviate from these Conditions, unless explicitly agreed upon in writing.
1.2 GMC reserves the right to modify its Conditions at any time, particularly in order to implement legal requirements or functional changes. The modified Conditions apply to contracts, which have already been concluded, if GMC informs the User about the modifications, the User does not object within 6 weeks in writing or in text form according to Section 126 b of the German Civil Code (BGB) vis-a-vis GMC to these changes and if he has been informed about the legal consequences of abstaining from an objection.
1.3 At any time, the Conditions may be viewed, printed and downloaded at www.adolfonline.com.
§ 2 Crowd Funding Portal
2.1 GMC operates the community portal www.adolf-online.com.com (the “Portal”), on which users have the possibility to receive information about the film projects and to financially support the film project by purchasing specified products.
§ 3 Registration and User Account
3.1 A prerequisite for the purchase of products offered by GMC is the User’s registration by setting up a User account (the “User Account”). In the course of registration, the User shall accept GMC’s Terms and Conditions. The registration is free of charge.
3.2 Persons with limited legal capacity or who are legally incapacitated are not allowed to register.
3.3 GMC may check or have checked the data provided by the User for plausibility and refuse or revoke the registration.
3.4 Each User may only set up one User Account.
3.5 When registering, the User shall provide true, complete and correct data. If the given data changes after registration, the User is obliged to correct the data in his User Account immediately.
3.6 During the registration, the User selects a username and password (the „Access Data“), which he will need for future login. The User shall ensure that the Access Data will not become known by a third party. He shall inform GMC immediately about any improper use of the Access Data or the User Account under email@example.com. The same shall apply if there are any indications of imminent improper use of the Access Data or of the User Account. Should third parties receive access to products offered by GMC, through the abuse of Access Data due to fault of the User, the User shall be liable for any damage to GMC. GMC shall not be liable for damages, which result from the abuse or loss of the Access Data.
3.7 The User may delete his User Account at any time.
§ 4 Contract conclusion
4.1 The presentation of the range of products on the Portal specifies the conditions of the product and represents a non-binding invitation to the User to order these products.
4.2 On the Portal, the Registered User may select one or more products of a specified Film Project for purchase. When continuing the ordering process, the details of his order, including the total purchase price including VAT (the “Total Purchase Price”), will be displayed. The Registered User will be asked to accept the Conditions. By clicking on “Place your Order” the User submits his or her order finally and bindingly.
4.3 The contract concludes when GMC accepts the offer via Email.
4.4 After the conclusion of the contract or with the acceptance, GMC sends the vouchers which have been purchased by the User to the email address provided for this purpose by the User.
§ 5 Payment
5.1 The Total Purchase Price is due and payable after conclusion of the contract.
5.2 GMC only accepts those forms of payment offered to the User within the context of the respective Film Project.
5.3 The Registered User may offset claims arising from this contract only against undisputed or legally determined claims.
5.4 Products offered by GMC remain the property of GMC until receipt of the Total Purchase Price by GMC. In the event of default in payment, GMC is entitled to block the User’s Account and / or invalidate issued vouchers.
§ 6 Right of Revocation and Instructions on the Right of Revocation
Instruction on the Right of Revocation
Right of Revocation
If you are a customer, you may revocate your contractual statement in text form (e.g. letter, fax, email) within 14 days without stating any reasons.
The revocation period begins upon receipt of these instructions in text form, however not before conclusion of the contract and also not and also not before we have performed our information duties according to article 246 section 2 in conjunction with section 1, subsections 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties under section 312 g, subsection 1, first sentence of the German Civil Code (BGB) in conjunction with article 246 section 3 of the Introductory Act to the German Civil Code (EGBGB). To meet the revocation deadline it is sufficient to dispatch the declaration of.
The revocation is to be addressed to:
P.O. Box 33 07 16
Telefax: +49 (0) 895 997 35
Consequences of Revocation
In the event of a valid revocation, the mutually received services and any benefit thereof (such as interest) have to be returned. If you are unable to return the received service either in part or in full, or only in deteriorated condition, you may be obliged to pay compensation for lost value. This can have the consequence that you have to fulfill your contractual obligations for the period up to the time of your revocation. Obligations to refund payments have to be fulfilled within 30 days. The term begins for you upon the sending of your declaration of revocation and for us upon its receipt.
Your right of revocation expires prematurely if both parties perform their contractual duties upon your express wish before you have exercised your right of revocation.
End of the instructions on the Right of Revocation
§ 7 No Right of Revocation for Entrepreneurs
In the event the User demanding products provided by GMC is acting as an entrepreneur (section 14 of the German Civil Code, BGB), in the exercise of a commercial or self-employed professional activity, he has no right of revocation.
§ 8 Warranty
8.1 The description of the Film Projects contains neither any warranted quality nor any guarantee. The Film Producer is entitled to make changes to the Film Project at any time.
8.2 The Film Projects presented on GMC’s Portal will be financed and produced independently from GMC’s participation. The purchase of the products offered by GMC is no precondition for the production of the Film Project.
8.3 GMC does not warrant the completion of the Film Project. If the production of the Film Project has definitely and ultimately failed, Users will be refunded their purchase price but will receive no compensation for use of the money.
§ 9 Liability
9.1 GMC shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body or health.
9.2 As far as GMC’s liability is excluded or limited, the same applies for the personal liability of GMC’s employees, representatives and agents.
9.3 Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. Therefore, GMC does not ensure constant and uninterrupted availability of its Community Portal or the absence of technical failure or data loss. GMC cannot guarantee that its website is virus-free. The User shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.
9.4 The User shall secure his data and the emails received from GMC, which contain vouchers, in accordance with the current state of technology.
§ 10 Copyrights
10.1 GMC reserves all copyrights and similar rights with regard to the products and services offered on the Portal. The information, pictures, videos and databases displayed, published and made available on the Portal (the “Intellectual Property”) with regard to the Film Projects as well as the content of the downloaded file are the property of the respective Film Producers, not of GMC. GMC does not verify the legal basis of the copyrighted property. The User is obliged to recognize and comply with the copyrights. No copyright, right of use or other property right with regard to the content will be transferred to the User, if not these Conditions and / or the information given during the purchase of the respective product stipulate otherwise.
10.2 Any modification, reproduction, publication, creation of works derived from it, transfer to third parties, distribution, posting on the internet or on other networks, storage, use of altered versions and / or different utilization of the Intellectual Property without prior written consent of GMC is therefore expressly prohibited. The Intellectual Property may be used solely for private, non-commercial purposes under strict observation of the copyright provisions.
10.3 If GMC offers to the User a voucher for the download of the movie depending on availability on the market, for instance on iTunes, the User acquires the simple, non-transferable, and before full payment of the purchase price by GMC revocable right, to use the respective movie exclusively for the personal use according to the German Copyright Law (Urhebergesetz, UrhG) in the manner offered.
§ 11 Data Protection
11.1 GMC undertakes to handle all personal User data (name, address, email address, telephone number, bank details, credit card details) in strict confidence according to statutory provisions and to collect, process, store and use the data only for the purpose of executing the contract, unless the User expressly consents to other uses. The data are collected, used and processed electronically. A separate Datenschutzerklärung (Data Privacy Statement) states more detailed information.
11.2 The User consents explicitly to the collection, use and processing of his or her personal data.
11.3 By selecting “Order Newsletter” the User expressly agrees that his or her address and email may be used for occasional information via GMC’s newsletter. The consent may be withdrawn by informal declaration at any time.
§ 12 Venue and Applicable Law
12.1 For these Conditions and all legal relations between the User and GMC, German Law shall apply without the provisions of the German Conflict of Laws and the International Sale of Goods. If the User is a consumer, the legal provisions and rights in the country of the User’s residence remain unaffected.
12.2 Jurisdiction over any disputes arising in connection with GMC shall lie with the courts in Berlin, Germany, as far as legally admissible
§ 13 Severability Clause
Should individual provisions of these Conditions shall be or become void, the validity of the remaining provisions hereof shall in no way be affected. The parties will undertake to replace the invalid provision in mutual consent by a valid provision, which approximates the economic purpose of the invalid provision as closely as possible. The same shall apply if the provisions are found to be incomplete.