General terms of business – Iceland DVD

§1 universal
(1) These terms of business are valid(apply) for all contracts(treaties), deliveries and other(further) achievements(performances) Frank Nagel, Island-dvd.com, Scharnweberstr. 47, 10247 Berlin (below: “Shop assistant”), concerning the on-line shop http://www.island-dvd.de and all Sub-Domains belonging to the Domain. Divergent regulations of the customers are not valid(apply not), unless, the shop assistant has confirmed this in writing. Individual agreements between the shop assistant and the customer always have priority.

(2) The business relations between the shop assistant and the customer are defeated by the right(law) of the Federal Republic of Germany. With consumers this legal choice only in this respect, as the not lasted protection is valid(applies) by compelling(urgent) regulations(determinations) of the right(law) of the state in which the consumer has his(its) usual stay, is taken away. The validity of UN purchase right is excluded(expelled).

(3) The language of the contract is German.

(4) Legal venue is Berlin, as far as the customer is a businessman(merchant) or a legal entity of the public right(law) or public law special property. The same is valid(applies) if a customer has no general legal venue in Germany or the residence or usual stay at the time of the complaint elevation not are known.

§2 contract contents and contract end
(1) The shop assistant offers to the customers in the on-line shop http:// www.island-dvd.de new goods(wares), before all travel film DVD”s, to the purchase.

(2) With the purchase in the on-line shop a bill of sale comes about by the acceptance of the order(appointment) of the customer by the shop assistant. Labelling in the on-line shop shows no offer in the legal sense. The entrance and the acceptance of the order(appointment) are confirmed to the customer by e-mail.

§3 prices, forwarding expenses, sales tax and payment
(1) With orders(appointments) about the on-line shop are valid(apply) the prices quoted there. All prices contain the legal(lawful) sales tax.

(2) The prices get on plus dispatch costs and packing charges which are announced to the customer before delivery(emission) of the order(appointment).
The height of the forwarding expenses depends on the weight and the measuring of the product(ware) as well as from the desired aim: see www.island-dvd.de / wp-shop/versandkosten.html

(3) The supply of the customers by them the shop assistant occurs(takes place) by wish of the customer against the following payment methods: Precash(Precheckout) (by transfer, by Paypal.

(4) If a customer is behind with his(its) bills of debt, the shop assistant can require compensation(damages) for the legal(lawful) regulations(determinations) and withdraw / or from the contract(treaty).

(5) The shop assistant makes out to the customer always a check which is handed over him(it) by delivery of the product(ware) or shuts(approaches), otherwise, in text form.

§4 delivery and danger crossing
(1) The ordered(appointed) goods(wares) become, provided that by contract agrees not aberrantly(dissonantly), delivered(supplied) to the address given(declared) by the customers. The delivery occurs(takes place) from the camp(warehouse) of the shop assistant.
(2) The availability of the single goods(wares) is given(declared) in the article descriptions. In the camp(warehouse) available(in existence) product(ware) the shop assistant dispatches, provided that does not agree expressly aberrantly(dissonantly), within 5 working days after contract end (with precash(precheckout) by transfer: within 5 working days after payment entrance). If the product(ware) is not marked by sales about the on-line shop as in stock, the shop assistant takes care of a fastest possible delivery. Information(Data) of the shop assistant by the term of delivery is non-binding(non-committal), provided that exceptionally the date of delivery was not promised by the shop assistant obligingly(definitely).

(4) The danger(risk) of the accidental setting(decline) and the accidental deterioration of the product(ware) goes over in the handing over on the customer. If the customer is an enterpriser, the danger(risk) of the accidental setting(decline) and the accidental deterioration of the product(ware) as well as the delay danger passes over certain person by the sending purchase already in delivery of the product(ware) to the forwarding agent(haulier), the carrier or, otherwise, for the implementation(execution) of the sending.
(5) In case of the exercise of the cancellation right a customer has to bear the regular costs of the return if the delivered(supplied) product(ware) of the ordered(appointed) ones corresponds(fulfils) and if the price of the thing to be sent back does not exceed an amount(sum) of 40 euros or if he has not produced the consideration or a by contract agreed part achievement with a higher price of the thing at the time of the cancellation yet.

§5 liability(adhesion) for material defect and legal faults
(1) As far as defects(faults) are given(), the legal(lawful) guarantee rights are entitled to the customer in accordance with the following regulations(determinations).
(2) The damages which are caused by improper actions of the customer by installation(list), connection, service(operation) or storage of the product(ware) found no guarantee claim against the shop assistant.
The customer can take tips to the proper treatment(processing) from the manufacturer’s descriptions.
(3) Defects(Faults) are to be reprimanded by the customer within a guarantee term of two years with new things or from one year with used(needed) things towards the shop assistant.
The preceding restrictions of liability are not valid(apply not), as far as the shop assistant has hid a lack(defect) cunningly or has taken over a guarantee for the state of the product(ware). The preceding restrictions of liability are also not valid(apply not) for compensation claims of the customer which are directed(turned) upon substitute(replacement) of a twill damage or health defect because of a lack(defect) to be represented(substituted) by the shop assistant or are supported on deliberate or roughly careless(negligent) fault of the shop assistant or his fulfilment assistants.The preceding shortening is not valid(applies not) for defects(faults) of a building or a thing which has been used according to her(their) usual(standard) use for a building and whose faultiness has caused. The preceding shortening is also not valid(applies not), as far as the shop assistant has hid a lack(defect) cunningly or has taken over a guarantee for the state of the product(ware), and not for the compensation claims of the customer which are directed(turned) upon substitute(replacement) of a body damage or health defect because of a lack(defect) to be represented(substituted) by the shop assistant or are supported on deliberate or roughly careless(negligent) fault of the shop assistant or his fulfilment assistants.
(4) If defects(faults) are given() and these were asserted on(in) time, the shop assistant is entitled to the subsequent performance. If the subsequent performance misses, the customer is entitled to diminish the purchase price or to withdraw from the contract(treaty). For the rest, are valid(apply) the legal(lawful) regulations(determinations).

§6 duties to inform with damages in transit
If goods(wares) with evident damages to the packaging or to the contents are delivered, the customer should complain this regardless of his(its) guarantee rights (§7) immediately to the forwarding agent/cargo service(haulier/cargo service) and take up(accept) immediately by e-mail or in other(further) manner (post) with the shop assistant Kontakt, so that these any(possible) rights(laws) towards the forwarding agent(haulier) cargo service can protect(uphold).

§7 disclaimer of liability
(1) Beyond the liability(adhesion) for material defect and legal faults the shop assistant sticks(guarantees) unrestrictedly, as far as the damage cause is based on intention(design) or coarse(rough) carelessness(negligence). She(It) also sticks(guarantees) for the slightly careless(negligent) injury(violation) of essential duties (duties, which injury(violation) the reaching of the contract purpose threatened) as well as for the injury(violation) of cardinal’s duties (the duties whose fulfilment generally only(at all only) allows the proper realisation(implementation) of the contract(treaty) and on their(her) observance the customer regularly trusted), however, in each case only for the predictable damage(harm) typical for contract. The shop assistant does not stick(guarantee) for the slightly careless(negligent) injury(violation) more different than the preceding duties.
(2) The restrictions of liability of the preceding sales(paragraph) are not valid(apply not) by the injury(violation) of life, body and health, for a lack(defect) after takeover of a guarantee for the state of the product and with cunningly hidden defects(faults). The liability(adhesion) according to the product liability law remains untouched.
(3) If the liability(adhesion) of the shop assistant is excluded(expelled) or limited, this is also valid(applies) for the personal liability(adhesion) of her(their) employees, representatives and fulfilment assistant.

§8 data protection
(1) To the customer is known and he agrees to the fact that for the winding up of the order to necessary personal data(dates) are stored by the shop assistant on data carriers(storage media). The customer agrees to the elevation, processing and use of his(its) personal data(dates) expressly. The stored personal data(dates) are treated by the shop assistant of course(naturally) confidentially. The elevation, processing and use of the personal data(dates) of the customer occurs(takes place) considering the federal data protection act (BDSG) and the tele medium law (TMG).
(2) The right(law) is entitled to the customer to revoke his(its) approval any time with effect for the future. In this case the shop assistant is obliged to the immediate deletion of the personal data(dates) of the customer. With running order processes the deletion occurs(takes place) after end(conclusion) of the order process.

Instruction about the cancellation right with distant sales contracts

(1) Cancellation right:
They can revoke your contract explanation within one month without giving reasons in text form (e.g., letter, fax, e-mail) or – if the thing leaves to you before the deadline – also by return of the thing. The term begins on receipt of this instruction in text form, however, not before entrance of the product(ware) with the receiver (by the returning delivery of goods(wares) of the same kind not before entrance of the first part delivery) with services not before contract end and also not before fulfilment of our duties to inform according to article(item) 246 §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312 g of paragraph 1 sentence 1 Civil Code in connection with article(item) 246 §3 EGBGB. For the protection of the cancellation term the timely sending of the cancellation or the thing is enough. The cancellation is to be directed(turned) in:

Frank Nagel
Scharnweberstr.47
10247 Berlin
E-Mail: bestellung@island-dvd.com

(2) Cancellation results:
In case of an effective cancellation the achievements(performances) received on both sides zurückzugewähren and if necessary pulled(drawn) uses (e.g., interest) are to be published. If you cannot publish to us the received achievement(performance) as well as uses (e.g., use advantages) or partially not or only in made worse state(condition) zurückgewähren or, you must pay to us in this respect value compensation. For the deterioration of the thing and for pulled(drawn) uses you must pay value compensation only, as far as the uses or the deterioration are due to a contact(dealings) with the thing which goes out the check(test) of the qualities(properties) and the functionality. Under \”check(test) of the qualities(properties) and the functionality \” one understands the testing and trying out the respective product(ware) how it is possible possibly in the retail shop and usual(standard).

Shipping able things are to be sent back on our danger(risk). They have to bear the regular costs of the return if the delivered(supplied) product(ware) of the ordered(appointed) ones corresponds(fulfils) and if the price of the thing to be sent back does not exceed an amount(sum) of 40 euros or if you have not produced the consideration or a by contract agreed hire-purchase(instalment) with a higher price of the thing at the time of the cancellation yet. Otherwise the return is free for you. Not paketversandfähige things are fetched(picked up) with you. Obligations to the allowance of payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their(her) receipt(reception).

Special(Particular) tips
The cancellation right does not exist(consist) with distant sales contracts:
1. for the delivery of audiorecordings or video recordings or from software, provided that the delivered(supplied) data carriers(storage media) have been unsealed by the consumer,

[End of the cancellation instruction]