General Terms and Conditions

1. Scope of application

(1) These General Terms and Conditions apply to the sale of videos for download by Ronald Bromhead, Manhorner Str. 39, D-29303 Lohheide, Germany (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as “customer” or “you” or “you”).

(2) Any terms and conditions of the Customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.

2. Conclusion of contract, storage of contractual provisions and contract language

(1) The contract is concluded as follows: Only your order of our service is a binding offer to conclude a corresponding contract. To place the order, you go through the order process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all the order details again and correct them if necessary. Only when you send your order do you submit a binding offer to us to conclude a contract.

We can process your offer within five days by

- sending an order confirmation by post, fax or e-mail, or

- request for payment

The time of receipt of our order confirmation or request for payment by you shall be decisive for compliance with the deadline.

(2) We store the contractual provisions, i.e. the order data / registration data and these GTC. You can print out or save the contractual provisions by using the usual functions of your browser (usually “Print” or “File” > “Save as”). The order data/registration data are contained in the overview that is displayed in the last step of the order/registration process.

(3) The contract language is German.

3. Customer account (for online orders)

For more convenient use of the online store, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.

4. Payment

If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.

5. Consumer right of withdrawal

Pursuant to Section 356 (5) BGB, the right of withdrawal expires for contracts for the provision of digital content that is not on a physical data carrier even if

a) the consumer has expressly consented to the trader commencing performance of the contract before expiry of the withdrawal period

b) the consumer has confirmed his knowledge that his right of withdrawal expires with the beginning of the performance of the contract as a result of his consent in accordance with letter a), and

c) the trader has provided the consumer with a confirmation in accordance with Section 312f BGB.

6. Rights of use

Our contents are protected by copyright. They may only be used for the intended purpose. Subject to duplication for private and other personal use within the scope of the copyright restrictions, they may not be duplicated - not even in part - without our consent. They may not be distributed, shown, made publicly accessible or otherwise publicly reproduced.

7. Claims for defects (warranty)

(1) The following applies to consumers:

The statutory warranty provisions shall apply to our warranty obligations.

(2) The following applies to entrepreneurs: If there is a defect in the item, we shall initially provide warranty by subsequent performance, at our discretion either in the form of rectification of the defect or a replacement delivery. If the subsequent performance fails, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract. Claims of the customer due to material defects shall become time-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the customer which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.

8. Exclusions and limitations of liability

The following applies to our liability for damages:

(1) In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damages arising from injury to life, limb or health.

(2) In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable and typical of the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

(3) Any further liability on our part is excluded, irrespective of its legal basis.

(4) The exclusions and limitations of liability of the above paragraphs (1) to (3) shall also apply mutatis mutandis in favor of our vicarious agents.

(5) Liability due to the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).

9. Choice of law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which he has his domicile or habitual residence.

(2) The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we are entitled, at our discretion, to take legal action at the customer's place of business.