General Terms and Conditions of Trade GTCT

Art. 1 Applicability
The present General Terms and Conditions shall apply to all business relations between Aha!DVD / Volker Gehrke (hereinafter Aha!DVD) and its customers, as defined at the time of conclusion of the contract. These General Terms and Conditions shall apply exclusively.
Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by Aha!DVD in writing in individual cases.

Art. 2 Formation of Contract
The description of our range of products on the Internet just serves to inform the customers. It is no offer to conclude a contract within the meaning of Art. 145 German Civil Code. Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for Aha!DVD.
By sending an order to Aha!DVD, the customer offers to conclude a contract. Aha!DVD can accept such an offer by sending a message confirming the offer (by e-mail) or by delivering the ordered goods within this term. Products which have been ordered but are not mentioned in the confirmation are not subject to the contract. Aha!DVD does only sell to adults. If you are under 18, you may use Aha!DVD only with involvement of a parent or guardian. Please bear in mind that we sell usually do not sell our DVDs in bulk. If you would like to order more than 20 copies of a DVD, please get in touch to check if they are available.
Aha!DVD reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Art. 3 Right of Withdrawal
The customer shall be entitled to withdraw his declaration of intention to conclude a contract within two weeks after receipt of the goods by letter or Email without having to state the reasons for it, or by returning the goods to Aha!DVD. To comply with this term, it is sufficient to dispatch the goods in time.

Withdrawal by returning the goods (DVD) shall be addressed to:
Aha!DVD - Volker Gehrke
Withdrawal
Antwerpenerstr. 16
50672 Köln
Germany

In the case of withdrawal, Aha!DVD shall refund the purchase price, if already paid, to the customer. The return charges paid by Aha!DVD will be deducted from the purchase price. With refunds to foreign countries, the transfer fee will be deducted as well.
In the case of a considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding reduction in value or loss to Aha!DVD if he withdraws his order. If the customer has already paid the purchase price, Aha!DVD shall be entitled to deduct the reduction in value from the amount repayable. The charges for the return of the goods of up to EUR 40,- shall be the responsibility of the customer, if the delivered goods are identical with the ordered product.
In all other cases, the return delivery is cost-free for you. All duties to return payments that arise from your withdrawal have to be fulfilled by you within 30 days of your withdrawal.

Exclusion from withdrawal:
The right of withdrawal shall be barred in the case of contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the customer. As soon as you damage or remove the seal or the wrapping of the DVD, we cannot accept the returned goods.

Art. 4 Maturity and Payment of Purchase Price
Payment shall be made either by PayPal (including credit card), bank transfer or cash on delivery (COD in Germany only). The purchase price shall be due at the time you place your order (unless you have ordered cash on delivery in Germany). As soon as we have received your payment in the account of Aha!DVD, the purchased DVD will be delivered to you as fast as possible. An Email will inform you about the dispatch.
If you choose to pay via COD in Germany, a charge will be added to the cost for delivery, depending on the actual cost at that time. If the customer is in default of payment, Aha!DVD shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).
The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment.

Art. 5 Delivery of Ordered Goods
Aha!DVD shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible. Information on the terms of delivery shall not be binding, unless specifically otherwise agreed.
In case Aha!DVD cannot deliver the ordered goods without its own fault, for reasons like the production facilities not fulfilling their contractual obligations, Aha!DVD has the right to withdraw from the contract with the costumer. In this case, the costumer will be informed immediately that the ordered product is not available. The legal claims of the costumer remain unharmed.
In case a delivery to the costumer is not possible due to the fact that the costumer cannot be met at his address, although the time of delivery has been communicated to the costumer in a reasonable period, costumer is responsible for the cost of the unsuccessful delivery. Aha!DVD shall be entitled to make partial deliveries.

Art. 6 Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain the property of Aha!DVD.

Art. 7 Warranty of Quality
Aha!DVD shall be liable for any defects existing upon delivery of the goods for the statutory warranty period. These claims upon Aha!DVD by the customer cannot be transferred.
Insofar as nothing else results in the following, further claims by the costumer, no matter on which legal grounds, are ruled out. Aha!DVD is therefore not liable for damage, which have not occurred on the delivery article itself; in particular Aha!DVD is not liable for loss of profit or for other financial damages of the costumer. As far as Aha!DVD’s contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives and executing aides.
The foregoing limitation of liability does not apply in case the cause of the damage is based on resolution or rough negligence or in the case of a personal injury.
In case Aha!DVD negligently violates an obligation which is subject to the contract, the obligation to indemnify for material damage is limited to the typically resulting damage.
When a subsequent performance has taken place in the form of a replacement delivery, the customer is obliged to return the original goods within 30 days to Aha!DVD, at the expense of Aha!DVD. Return of the faulty goods has to take place in compliance with the law. Aha!DVD reserves the right to claim damages under the legal provisions which apply. The term of limitation amounts to twenty-four months, starting from delivery.

Art. 8 Privacy
All personal information of our customers will be treated confidentially. These information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to third parties who are not involved in the performance of the contract shall be excluded.

Art. 9 Final Provisions
These General Terms and Conditions are governed by the laws of the Federal Republic of Germany.
The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.

28.11.2008