Terms and Conditions

Terms of Use for the Website www.scenic-screens.com

 
§ 1. Applicability

1.1 The business relationship between the Scenic Screens Multimedia Productions UG (limited liability), Alboinstraße 69, 12103 Berlin (hereafter referred to as “Scenic Screens”), and the customer and user (hereafter referred to as “Customer”) in relation to the offers from Scenic Screens on the Internet website www.scenic-screens.com (hereafter referred to as “Website”) shall be based exclusively on the following terms of use valid at the time of the order.

1.2 These terms of use constitute essential components of each concluded contract, unless agreed to otherwise for an individual order. They shall also apply to future business relationships with the Customer, without having to be expressly stated.

1.3 Deviating business terms by the Customer and changes or amendments to these terms of use shall only be valid if approved by Scenic Screens in writing. This shall also apply if the business terms of the customer were not expressly refused.

1.4 Scenic Screens reserves the right to amend these terms of use with effect for the future. However, Scenic Screens will only make changes for justified reasons, in particular due to technical developments, Scenic Screens service expansion, changes to laws or jurisdiction or for other equivalent reasons. The new terms of use will be announced on the website and accepted by the Customer for each order.

1.5 These terms of use regulate business dealings with private customers (hereafter referred to as “Consumers”) and commercial customers (hereafter referred to as “Entrepreneurs”). Consumers, in the sense of these terms of use, are natural persons concluding legal transactions for reasons that cannot be primarily attributed to their commercial or freelance activities. Entrepreneurs, in the sense of these terms of use, are natural or legal persons or judicable partnerships acting on behalf of their commercial or freelance activities when concluding legal transactions. Both Consumers and Entrepreneurs may become Scenic Screens customers.

 
§ 2. Contract Object and Conclusion

2.1 Scenic Screens provides products containing Photoshop files (PSD files) to customers through its website to be downloaded to a device (e.g., computer, tablet, smartphone, etc., hereafter referred to as “Device”) of the Customer (hereafter collectively referred to as “Products”) for a fee. Exact service descriptions are provided on the website pages of the respective products.

2.2 The Products include a usage license. An exact description of this license and its included usage rights can be found in § 3 of these terms of use.

2.3 The Customer may purchase these Products and download them onto his device for a fee. The Customer will first choose a product for his device which he places into a so-called shopping cart through the [Add to Cart] button. As part of the ordering process, the Customer will select his desired payment method. Depending on the selected payment method, the Customer will submit certain address and bank data, such as his full name, address, PayPal account, credit card number or bank details, which must be provided truthfully and completely. The data provided by him, the selected product, the payment method and the price of the product will appear in a summary. Finally, the Customer can place the order by using the [Proceed to Checkout] button within the shopping cart.

2.4 The presentation of the Products in the online shop is not a legally binding offer, but merely an invitation to place an order.

2.5 Through the [Place binding order] button, the Customer can place a legally binding order to purchase the products in his shopping cart. Before placing an order, the Customer may change or view the data at any time. Required fields are marked with an asterisk (*). An order can only be placed if the Customer confirms he has read and accepted Scenic Screens’ terms of use by clicking on the respective field.

2.6 The order will be confirmed to the Customer through a confirmation email including the Customer’s order which may be printed using the “Print” function (order confirmation). The automatic receipt confirmation merely confirms that the Customer’s order has been received by Scenic Screens and does not constitute an acceptance of the offer.

2.7 A contract with the Customer is only concluded upon acceptance of the customer’s order by Scenic Screens. Scenic Screens’ acceptance requires an order confirmation to be sent via email, assuming the Customer provided Scenic Screens with a valid email address. The order confirmation contains all essential contents of the contract concluded between Scenic Screens and the Customer as well as a link to download the purchased product or products.

2.8 The Customer may unintentionally enter information incorrectly or disruptions of order transmission may occur, e.g., because the order was accidentally sent twice by double-clicking or because the Internet connection was interrupted. In such cases, the Customer may either not receive an electronic order confirmation or receive it twice. The Customer must report such errors.

2.9 By providing Scenic Screens with a valid email address, the Customer agrees to have his order received and processed via email. Scenic Screens expressly notes to the Customer that possible misuse during email transmission cannot be ruled out. Scenic Screens cannot review the accuracy of the sender’s details or contents of email orders. Nevertheless, the Customer asks Scenic Screens to accept such electronic orders for processing. Scenic Screens shall be released from any liability or legal claims resulting from fraudulent use of the transmission system.

2.10 The contract conclusion does not depend on the Customer being able to fulfill the contract’s technological requirements.

 
§ 3 Scenic Screens Services and Customer Rights of Use

3.1 Product service descriptions on the Website do not constitute an assurance or guarantee.

3.2 The Products offered on the Website are protected by copyright and trademarks. These Products can only be downloaded by installing software onto the Customer’s device. The Customer may use the Products only to the extent described here.

3.3 After successfully placing an order, the Customer may receive Products from Scenic Screens in exchange for a fee and use them on a stationary or mobile device. The Customer may download the selected Product up to three times for 30 days after the purchase date.

3.4 The customer shall receive a simple, non-transferrable right to use for the Scenic Screens Products for his device, as described in § 3.5 and § 3.6.

3.5 Upon purchasing a product, Scenic Screens shall grant simple usage rights to the Customer

• to generate closed image files (allowed image file types: .jpg, .png, .tif, .gif) based on the product and its included PSD files and to transfer them to third parties and to publish them.

• to use the above-stated closed image files for advertising, marketing, customer presentation, portfolio or comparable purposes.

3.6 The Customer may not reproduce or store the downloaded Products on other data carriers. The Products or parts thereof may especially not be transferred to third parties, offered on the Internet, provided to other networks with or without charge or be changed, made available, traded and/or used or exploited. Likewise, editing, decompiling, dissembling or reverse engineering is prohibited. Inciting third parties to or aiding such actions is also not permitted.

3.7 Scenic Screens reserves the right to remove Products from the overall offer if their rights expire or for other reasons.

 
§ 4 Service Fee, Maturity

4.1 Unless otherwise agreed to, service fees must be paid prior to purchasing a product.

4.2 The prices listed in the shopping cart and stated in the order confirmation shall apply. Prices deviating from these that may be found on the websites when loaded from a cache shall not apply.

4.3 All prices listed on the shop are excluding VAT. However, VAT must be stated next to each price. This stated VAT is an automatic estimate by the Website before an order is placed. A binding statement can only be made once the Customer transmits data (e.g., country, address, VAT ID) to the Website during purchasing which allows binding VAT to be calculated. Only on this basis can the Website display binding VAT. The display of the binding VAT included in the total price is therefore provided on the [Checkout] page and can be reviewed on the [Confirm & Place Order] page before contract conclusion.

4.4 Before completing the order process, the Customer can choose between several payment methods. Details on the allowed payment methods is provided on a special information page. If third parties, e.g., PayPal, are charged with payment processing, their general terms and conditions shall apply.

4.5 The fees charged by certain payment providers are not always included in the price. Should the Customer incur additional costs by using a payment service provider, he will be expressly notified. The Customer may change his payment service provider before completing the payment process. Scenic Screens has no influence on the fees charged by payment service providers. Only the payment service providers can provide binding information on their fees.

4.6 The Customer is responsible for ensuring that billing information (credit card or direct debit data) is complete and up-to-date. The Customer shall be liable to Scenic Screens for cancellations or return debits, e.g., for insufficient account coverage, for which he is responsible. He shall bear any resulting costs (e.g., payment of service provider fees, return debit costs) and resulting processing fees. Scenic Screens may collect these amounts together with the original fee from the Customer’s account. The Customer has the right to prove that damages were not incurred either at all or in the claimed amount.

 
§ 5 Revocation Instructions; Revocation Rights and their Premature Expiry

5.1 If the Customer is a Consumer (i.e., a natural person concluding legal transactions for reasons that cannot be primarily attributed to their commercial or freelance activities), he is provided with revocation rights by law. These legal regulations also include the option of refusing a revocation right under certain conditions. These requirements are met by Scenic Screens making an offer (see 5.2).

5.2 Special notice on the premature expiry of revocation rights:

The Consumer’s revocation rights shall expire prematurely if contract implementation began before expiry of the revocation deadline, after he provided his express consent and he acknowledges that he will lose his revocation rights upon contract implementation.

Scenic Screens’ offers and ordering process, including all required entries and approvals which every Customer must provide to place a valid and successful order, also meet these requirements. When purchasing one or several Products from the Scenic Screens Website, the Customer shall, therefore, forego his revocation rights.

Further clarifications of the general revocation rights are not part of these general terms and conditions, since they are not relevant to Scenic Screens’ offer. However, further information on the general revocation right for digital products as a service according to completely fulfilled information requirements can be found under https://scenic-screens.com/revocation_policy_for_digital_content.

 
§ 6 Service Period

6.1 Dates and deadlines are only binding if expressly confirmed by Scenic Screens in writing. Otherwise, they are non-binding.

6.2 Occurrences of force majeure that make service or obligation fulfillments unreasonably difficult or impossible for one party shall allow the affected party to delay the fulfillment for the duration of the hindrance and for an appropriate starting period. The same shall apply for labor disputes at the parties’ or third parties’ businesses and similar circumstances directly or indirectly affecting the parties.

 
§ 7 Offsetting, Right of Retention

7.1 Customers shall only receive offsetting rights if their counterclaims have been legally established or recognized by the seller.

7.2 The Customer can only exercise a right of retention if his claims result from the same contractual relationship.

 
§ 8 Service Disruptions and Warranties

8.1 Should a product downloaded from the website be defective, the Customer shall receive legal warranty claims.

8.2 Unless stated otherwise in these terms of use, additional claims by the Customer—for whatever legal reason—shall be excluded. Scenic Screens shall especially not be liable for damages that do not occur on the downloaded product as a delivery object or for lost profits or other asset damages to the Customer.

8.3 Scenic Screens does not guarantee permanent availability of its Products, especially not in the case of technical delays outside Scenic Screens’ influence. Likewise, no guarantee is provided that the requested products will reach the Customer at a certain time.

8.4 The Customer shall receive no claims for defects resulting from the Customer having purchased products that are unsuitable for his device, i.e., the Customer not having suitable hardware or software to use the Products.

 
§ 9 Liability, Compensation

9.1 Scenic Screens shall not be required to remedy damages resulting from the use or non-use of the Website or the Products offered on it, especially not for ensuring that the Website functions flawlessly without interruptions. This includes, but is not limited to defects of title, intactness, marketability or suitability for a certain purpose in relation to the availability, accuracy, reliability or contents of the pages. Scenic Screens shall not be liable for direct, indirect, incidental or consequential damages for lost profits or business disruptions resulting from the use of or inability to use the Website and its services and Products. This shall also apply if Scenic Screens was informed of the possibility of such damages.

9.2 Scenic Screens shall especially assume no responsibility for the contents, functionality, flawlessness or legality of third-party Internet pages linked to the Website. Prior review of the pages before linking is required.

9.3 In case of loss or destruction of data at the Customer’s premises, Scenic Screens shall only be liable to the extent of typical restoration efforts made despite regular securing of data using up-to-date technology.

9.4 Scenic Screens shall especially assume no responsibility or liability for damages resulting from foreign interference with the Customer’s system or occurring during data transmission between the Customer and Scenic Screens.

9.5 Liability by Scenic Screens, if provided despite the previously-stated regulations, shall be limited to damages caused by Scenic Screens, its legal representatives or agents through intent or gross negligence or resulting from the breach of an essential contract duty. Compensation liability shall be limited to foreseeable, typically occurring damages if no intentional or grossly negligent contractual violation can be attributed to Scenic Screens. Liability for culpable injuries to life, body or health shall remain unaffected. The same shall apply to binding liability under the German Product Liability Act (Produkthaftungsgesetz).

9.6 Any other compensation liability by Scenic Screens, for whatever reason, shall be excluded.

 
§ 10 Other Obligations and Customer Responsibilities

10.1 Should a third party use Scenic Screens Products without authorization to acquire or use the Products, for reasons for which the Customer is responsible, the Customer must refund any resulting costs and/or damage claims to Scenic Screens. This obligation shall also apply to the Customer towards any other rights holders.

10.2 The Customer may not limit the functionality or security of Scenic Screens services in any way. This includes: (a) access to data not intended for the Customer, (b) access to an account to which the Customer is not authorized, (c) attempts to circumvent or comprise the functionality and security of the Scenic Screens Website, technology, software or other components. Scenic Screens reserves the right to prosecute any violation of this kind under civil and criminal law.

 
§ 11. Contract Text Storage

11.1 The Customer may print out the contract text before placing an order from the seller by using the print function of his browser during the last step of the order.

11.2 Scenic Screens will also send the Customer an order confirmation with all order details to the email address provided by the Customer. The order confirmation will include a copy of the general terms and conditions with revocation instructions and delivery and payment conditions.

 
§ 12 Data Protection

Information on the type, scope, place and purpose of the collection, processing and use of personal data required for order completion by Scenic Screens, as well as the Customer’s right to information and the right to corrections, blocking and deletions can be found in the privacy statement ( https://scenic-screens.com/privacy ).

 

§ 13 Mandatory Legal Disclosures on the Provider’s Company

Scenic Screens Multimedia Productions UG (limited liability), represented by Alexander Suchy, Alboinstraße 69, 12103 Berlin, register court and register number: Charlottenburg district court / HRB 156822 B, VAT ID number DE 815 491 754.

 

§ 14 Place of Jurisdiction, Applicable Law, Contract Language

14.1 Amendments or extensions to these general terms and conditions —including this written form requirement—must be issued in writing.

14.2 The place of jurisdiction and fulfillment shall be Scenic Screens headquarters if the Customer is a businessman or a legal entity or special fund under public law.

14.3 The contract language is English. Alternatively, a German version of these general terms and conditions is provided on the Scenic Screens Website as an additional service.

Valid: July 2016
Copyright: Scenic Screens Multimedia Productions UG (limited liability), – 
All rights reserved