General Terms and Conditions
§1 Applicability
The following terms apply for all deliveries and services offered outside Germany.
By ordering at Kick Film you accept our Terms and Conditions of Sale.
Any counter confirmation from the customer with the reference to his own Business Conditions shall not be allowed.
§2. Offer, Order and Contract Making
Items presented on Kick Film´s website shall not be considered an offer but an invitation to trade. By filling in and submitting a form the customer places an offer. It is accepted by Kick Film when the product is dispatched.
§3. Prices, Payment
Prices are subject to change. Please pay particular attention to our limited offers. In the event of a price increase, you as our customer are not bound to your order. All prices indicated include statutory value added tax.
A postage and packaging fee is levied for each order. The fee within Europe is 7.50 EUR, for fees outside Europe please contact us at shopATkickfilm.com.
International orders must be paid for by credit card only.
§4. Delivery, Retention of Title
Items are dispatched after receipt of payment. Delivery within Europe will usually take 4 - 10 working days. For times of delivery outside Europe please contact shopATkickfilm.com.
Items are dispatched at the customer´s own risk. The title to the products delivered shall be retained by the seller until the purchase price has been paid in full by the customer.
Delivery is subject to the availability of products. There shall be no compensation made unless delays are intentional or grossly negligent on our part.
If claims for damages are advanced, the claimant shall bear the burden of proof, i.e. he is held to provide evidence of the negligent conduct of Kick Film.
§5. Place of Obligation´s Performance
Place of obligation´s performance including any claims to reimbursement shall be Munich. Risk of accidental damage is transferred to the customer as soon as the merchandise is given to the postal or courier service.
§6. Information on Returning Merchandise
If damaged or used goods are returned, Kick Film shall be entitled to claim for compensation (§ 361a II, German Civil Code).
Please affix the correct stamps to returned merchandise. Please note that we will refuse to accept deliveries, which have not been stamped. Packs or sets must be returned in full.
§7. Data Protection
We will store and use your data for dealing with the contents of the contract only (if necessary with affiliated companies and for checking creditworthiness). Your personal details will be treated confidentially.
You will receive e-mails by Kick Film only if you have consented to it.
§8. Reference to Sites of Third Parties
To the extent that this website contains information from third parties or links to internet sites of third parties, it is only an additional service for the user. Kick Film is not liable for contents contained there and does not adopt these contents. Kick Film does not accept any liability for damages arising in connection with the activation of Internet sites of third parties or from the use of the contents of those sites.
§9. Copyright
All contents are protected by trademark rights, patent rights, copyrights, and other rights for the protection of intellectual property. The texts, photos, graphics, illustrations, names, logos, and trademarks are the property of Kick Film or its licensers.
Users may not change, publish, derive, sell, transfer, save in a database, or commercially exploit in any other way the contents or parts of them, without the written permission of Kick Film.
§10. Business Transactions with Third Parties
The communication or business relations of the user with commercial suppliers or other third parties that become known within the framework of the services or are mediated by them, especially the payment and delivery of goods or services as well as any contractual regulations, guarantees, or assurances in connection with such business transactions, take place exclusively within the relationship between the user and such a third party. Kick Film is neither responsible nor liable for losses or damages resulting from such business transactions.
§11. Place of Jurisdiction
In business transactions the place of jurisdiction for all legal disputes arising from the contract, shall be Munich. We shall also be entitled to sue customers wherever the latter are based.
§12. Partial Invalidity
If any individual specifications of the delivery contract or these General terms and Conditions are or become invalid, this shall not affect the validity of the remaining specifications.
§13. Applicable Laws
The laws of the Federal Republic of Germany shall apply for legal business or other legal relations with Kick Film GmbH.
§14. Place of Jurisdiction, Arbitration
Place of jurisdiction shall be Munich, Germany.
Arbitration clause:
All disputes arising in conjunction with these Terms and Conditions for online orders via www.kickfilm.de or www.kickfilm.com, shall be settled under the rules of concillation of the German Institution of Arbitration (Deutsches Institut für Schiedgerichtsbarkeit e.V.) in Bonn, with the understanding that such disputes shall not be submitted to ordinary courts for settlement.
The arbitrators are to apply the German substantive law under exclusion of the Vienna Sales Convention of April 11, 1980.
Effective: 01.01.2003 – © Kick Film GmbH 2003 – HRB Munich 763 42.
