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Conditions of Use

 

Terms of Use

§ 1 Coverage

1.1 We deliver exclusively under the following terms and conditions, which form the basis of all contracts closed regarding our internet offers. Buyers’ terms and conditions that contradict the following terms do not apply. The following terms and conditions still apply  exclusively even though we conduct delivery and service implicitely despite knowledge of differing conditions of the buyer.

1.2 If the terms and conditions talk about customers, natural persons are meant, whose purpose of order does not include commercial, independent or freelance business.

§ 2 Possibility of Saving and Access of Wording

2.1 These terms and conditions as well as the included contract regulations can be read at our shop website www.flyfishing-movie.com . Furthermore, you may print or safe this document by using the saving function of your internet browser (usually "file" -> "save as").

2.2 You may also file your order data easily by downloading the terms and conditions and save the data summed up on the last page of your order form, or by saving the summary after placing your order. Likewise, it’s possible to save the automated order confirmation you receive via email. This confirmation includes all order information and the terms and conditions. It can be printed out easily or saved through your email program.

2.3 Your order information will be saved by our company, they are not directly accessable by the customer for safety reasons. We offer a direct login for every customer, protected with  password. After registering for this login, you may access all personal data of your closed, open and recently shipped orders. You may furthermore administrate and save your adress information and an available newsletter. The customer obligates oneself to treat the access code confidentially and to not make it accessable to any unauthorized third party.

§ 3 Business Partner, Language and Contract

3.1 Your business partner is haeger stunt & wireworks ltd. All our offers are without engagement unless they become subject of a contract agreement.

3.2 The display of our products does not represent a legally bound offer, but an online catalogue without engagement. The catalogue is subject to errors and changes.

3.3 By placing their order, the customer declares their binding will to purchase the item. The customer must be at least 16 years of age to place an order. In case of doubt the customer has to prove their age.

3.4 By clicking the „Order“ – button, you are placing a legally bound offer of the items listed in your shopping cart. The confirmation of the order receipt as well as the order acceptance are sent immediately after placement via automated email. With this email, a contract of sale has come about.

3.5 If the customer orders the item electronically, the contract wording will be saved by us and sent via email to the customer on demand, including the terms and conditions.

3.6 Repeated actions of amiability by our company still do not justify any claims.

§ 4 Prices, Shipping Costs

4.1 For orders at our internet shop, the prices listed for the item at the time of the order are valid. The prices listed are final prices, i.e. they include the actual legal German sales tax and all other price components.

4.2 Shipping is carried out by DHL Shipping or uninsured as a German Postal Service letter mail to adresses in Germany and the following countries of the European Union:
Belgium, Denmark, Estonia, Finland (except for Aland), France (except for Guadeloupe, Martinique, French-Guayana, La Reunion), United Kingdom of Great Britain (except for Canal Islands Jersey and Guernsey), Ireland, Italy (except for San Marino, Livigno, Vatican City), Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Portugal (except for  The Azores and Madeira), Sweden, Slovakia,  Spain (except for Ceuta, Lanzarote, Fuerteventura, Gran Canaria, Tenerife, La Gomera, La Palma, El Hierro, Melilla), Czech Republic, Hungary.

We charge the following fees for shipping and handling, depending on the overall amount of items ordered.
Up to 89.90 Euro (1-2 DVD's): uninsured 3.50 EUR in Germany and to the European Union countries listed above
insured 4.50 Euro in Germany, 9.50 EUR to the European Union countries listed above
  Insured shipping to countries outside the European Union 14.50 EUR
89,90 Euro and more: Free insured shipping 0.00 EUR in Germany, 5.50 EUR to the European Union countries listed above
  Insured shipping to countries outside the European Union 9.50 EUR

For cash on delivery, an additional 4.00 EUR fee is charged by the delivery service. Cash on delivery is not available for shipping outside Germany.

§ 5 Payment, Delivery

5.1 Payment options are: advance payment, cash on delivery, PayPal or credit card via TeleCash. We reserve the right to exclude customers from particular payment methods. This applies especially for first orders or orders from companies. In case of cash on delivery, additional fees apply, which are to be covered by the customer.

5.2 Return debit notes caused by the customer are charged with 20.00 EUR.  Debit rejections by the bank are charged with 7.50 EUR.

5.3 If payment method “Instand Money Transfer” is chosen, we will provide you with our bank information in the order confirmation and will ship the product(s) after payment is received.

5.4 A right to offset only applies if your counterclaim is judicially approved or uncontradicted or acknowledged by our company in written form. You can only act out a right to withholding if there are claims resulting from the same contractual relationship.

5.5 Shipping is carried out exclusively by insured Hermes Delivery Service. If delivery has not been possible, you will receive a message from the delivery service informing you about further options.

5.6 You receive your shipment, depending on the product(s), within 2 – 4 work days up to one week. Should a longer delivery period apply to the product you’ve ordered, you will be informed via email. Furthermore, you will receive a note once your order has been shipped from our storage.

5.7 The obligation to deliver becomes inapplicable in case we are not provided with the products in time and therefore are not responsable for the inavailability. In case of inavailability of the product(s), customers will be informed immediately and any advance payment will be refunded.

5.8 If shipping is impossible for reasons that are beyond our control, placing the goods at the disposal in connection with a notification of the customer is regarded as fulfilment of contract. Cases of force majeure, traffic congestions or business disruptions, strikes, deficit of resource and the like lead to an appropriate extension of delivery period if we are not responsible of the event. We only get into default of delivery once a further delivery period of 14 days is set by the customer in written form, this period has expired and we are responsible for the further delay.

§6 Right of Withdrawal for Customer Orders

6.1 Customers are to cover the costs for returns if the delivered product matches the one ordered and the price of the returned item does not exceed the amount of 40.00 EUR, or if customers have not yet payed entirely or partly for a product with a higher price at the time of cancellation. In any other case, returns are free of charge for customers.

6.2. Exceptions from the Right of Withdrawal

Right of withdrawal does not apply for distance selling contracts for delivery of products that are prepared after customer’s specifications.

Cancellation/Revocation Terms

Right of Cancellation

You may cancel your contractual statement within two weeks without stating reasons in written form (e.g. letter, fax. Email) or – if the item is left to you before expiry date – by returning the item. The deadline starts after receipt of this instruction in written form, but not before incoming of the item at the addressee (in case of repeated shipments of similar items not before the receipt of the first shipment) and also not before fulfilment of our duty to inform customers according to § 312c para. 2 BGB in connection with §1 para.1, 2 and 4 BGB-Info V as well as our duties according to § 312e para. 1 clause 1 BGB in connection with § 3 BGB-Info V. To keep the cancellation deadline, timely dispatch of the cancellation or the item is sufficient. Please send the cancellation statement to:

haeger stunt & wireworks ltd.
Ralf Haeger
Freiheit 15
13597 Berlin
Germany
Fax: +49 (0) 30 - 75 77 44 70
E-Mail: info@flyfishing-movie.com

Cancellation Consequences

In case of an effective cancellation, the mutually received services and payments are to be refunded and possible advantages taken (e.g. interest) are to be returned. If you cannot return the received item completely or not at all or only in declined condition, you must provide us with appropriate compensation of value. This does not apply if goods are handed over and the decline of the item is only due to examination – like it would have been possible in a shop. For the rest, you can avoid the duty of value compensation for a decline caused by appropriate usage by not using the item like your property and by neglecting everything that may decline its value. Goods transportable in a package are to be returned on our own risk. Customers are to cover the costs for returns if the delivered product matches the one ordered and the price of the returned item does not exceed the amount of 40.00 EUR or if customers have not yet payed entirely or partly for a product with a higher price at the time of cancellation. In any other case, returns are free of charge for customers. Goods not transportable in a package will be picked up at your place. Obligations for payment returns have to be fulfilled within 30 days. The deadline starts for you with the shipment of the cancellation declaration or the item, for us with its receipt.
 End of cancellation/revocation terms

§ 7 Reservation of Proprietary Rights

7.1 Sold items remain property of our company until full payment is received.

§ 8 Warranty

8.1 First of all, the customer has the choice whether subsequent fulfillment will be met through rectification or replacement. Our company has the right to reject the choice of subsequent fulfillment if this requires disproportionate costs and if there is another form of subsequent fulfillment possible without significant disadvantages for the customer.

8.2 If subsequent fulfillment fails, the customer has the right to claim abatement of the purchase price or cancellation of the contract. In case of a minor infringement of contract, especially minor defects, the customer has no right to cancel the contract.

8.3 Customers are obliged to inform us in written form about evident defects within two months after determining the product’s condition contrary to contract. Applicable for ensuring the deadline is the receipt of your message by our company. If the customer neglects this information, any warranty claims expire after two months of determination of the defect. The customer has the burden of proof for the moment of determination of the defect. If the customer has been persuaded to purchase the item based on unfounded manufacturer’s information, he or she has the burden of proof for his or her purchase decision.
If supplementary performance fails and the customer chooses cancellation of contract due to defect of title or material defect, he or she has no additional right to claim for damages.

8.4 If supplementary performance fails and the customer chooses compensation for damages, the product remains with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently.

§ 9 Limitations of Liability

9.1 In case of negligent breaches of duty, our warranty is limited to the forseeable, contract coherent, immediate average damage according to the type of product. This also applies in case of negligent breaches of duty of our legal representatives or vicarious agents.

9.2 The limitations of liability above do not concern the customer claims due to product liability. Furthermore, they do not apply to bodily harm or damage caused to someone’s health or loss of life that is attributable to us.

§ 10 Applicable Law, Jurisdiction

10.1 The law of the Federal Republic of Germany applies to all legal acts or other legal relations with our company. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements do not apply even though they might have been integrated into German law. This choice of law applies to customer contracts (contracts not concerning the professional activity of the beneficiary) insofar as the provided protection is not withdrawn due to regulations of the customer’s place of origin.

10.2 The law of the Federal Republic of Germany applies under exclusion of the CISG.

10.3 If the customer is business man or body corporate under public law, the exclusive jurisdiction for all disputes concerning this contract is our business location. The same applies if the customer does not have a jurisdiction or place of residence in Germany or if the place of residence is unknown at the time of filing of action.

10.4 Should particular clauses of the contract with the customer, including these terms and conditions, be or become completely or partly invalid, the validity of the other clauses will remain untouched. The same applies in case of a gap in the contract.

§ 11 Severability Clause

Should particular clauses of these terms and conditions be or become completely or partly legally ineffective or loose their legal effect later, the validity of the general terms and conditions will not be affected apart from that. The legal requirements will apply in place of the invalid clauses. The same applies if the terms and conditions have a gap that was  unforseeable.

Privacy and Data Protection

Data Protection

We at flyfishing-movie.com attach great importance to the protection of your data. During the inquiry, processing and usage of personal data, we strictly abide the legal requirements of the Federal Data Protection Act and the Telecommunications Act.
You can use our website without providing any personal data. Personal data are only inquired for orders, when you get in touch with us or when you subscribe or unsubscribe to our newsletters.
Before these data are transmitted, we encrypt them with the SSL (Secure-Socket-Layer) method. It is one of the safest and most common methods on the internet.

Processing of Your Personal Information
We use the data provided by you to fulfil and carry out your orders.


We Protect Your Personal Data

When you log in by clicking „My Account“ or place an order, your personal data will be transmitted to us. In order for these data not to fall into the wrong hands, we encrypt them with the SSL method. This is the currently established and safest transfer method on the internet. It is used whenever sensitive data are transmitted.

Cookies

On this website, data are collected and saved for marketing and improvement reasons. From this data, user profiles with a pseudonym are created. Cookies can be used in order to do this. Cookies are small text files that are saved in the local cache of the internet browser of the person visiting this website. Cookies allow the recognition of the internet browser. The inquired data will not be used to identify the website visitor personally without their permission, nor will they be linked with personal data concerning the identity of the pseudonym carrier. You may disagree to the data inquiry and data storage for the future at any time.

Contradiction to Data Usage

You may disagree to the usage, processing and transfer of your data for marketing purposes at any time by sending a note to:

flyfishing-movie.com
haeger stunt & wireworks ltd.
Ralf Haeger
Freiheit 15
13597 Berlin
Germany
Fax: +49 (0) 30 - 75 77 44 70
E-Mail: info@flyfishing-movie.com

After receiving your contradiction, we will not use your data for marketing purposes anymore.
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