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Terms & Conditions

The following Terms & Conditions (T & Cs) also contain legal information concerning your rights according to the regulations on distance selling contracts and electronic commerce.

I. Scope

These T & Cs apply to all goods and services, which can be purchased and ordered in our online-shop www.erotik.com.

II. Legal Age, Offer, Process of Order, Conclusion of Contract and Language

  1. We, want to conclude contracts only and exclusively with persons of full age respectively with persons having completed their 18th year. By registering on the website www.erotik.com respectively by ordering products in our online-shop or by buying time to use our Video on Demand (VoD) program, you confirm that you are of full age respectively that you have completed your 18th year.

  2. The display of products in our online-shop www.erotik.com is no legally binding offer, but an invitation to you to place an electronic order.

  3. In our online-shop www.erotik.com you order by putting products into your shopping kart, choosing the form of payment and confirming, that you have taken note of our T & C and the instruction on the right of revocation. By clicking on the ?buy?- button as the last step of the process of order you confirm the accuracy of your information and place a legally binding order of the products in your shopping kart.

  4. The contract is concluded when we accept your order by sending you a confirmation by email or when we despatch the products you have ordered.

  5. Contracting party is company, company, company, company, company

  6. The contractual languages are German and English.

III. Video Downloads

  1. On our website www.erotik.com we offer you the possibility to download a great number of erotic films. In order to use this program just click on the film desired and put it in your shopping kart. The further process of order and the conclusion of contract follows the description under II. 3 and 4.

  2. The films offered are protected by copyright and may only and exclusively be used for non-commercial purposes in your private domain. Any use going beyond that is strictly prohibited.

  3. Further Information on our Video Downloads PayPerMinute you find here.

IV. Correction of Errors and Storage of Text of Contract

  1. Before placing your order you can make corrections anytime by clicking on the ?back?-button of your browser. After having placed your order corrections are not possible anymore.

  2. We will store your order within the legal storage periods until the contract is handled completely. In case you lose the documents concerning your order please inform us via email. We will send you a copy of the data regarding your order as long as the order has not been handled completely.

V. Right of Revocation for Consumers

Consumers have the right to revoke the contract under the conditions described in the following. Consumer is any natural person, which concludes a contract for purposes that attribute neither to his/her commercial nor to his/her self-employed professional activity:

1. Instructions on the Right of Revocation for Delivery of Goods

Right of Revocation

You have the right to revoke the contract without reason within a period of fourteen days.

The period to revoke the contract is fourteen days from the day you or a third person you have named, who is not the deliverer, take respectively takes possession of the last good delivered.

In order to exercise your right of revocation you must inform us (company company company company company) about your decision to revoke the contract by using a clear declaration (e.g. a letter by post, telefax or email). Therefor you can use the attached model revocation form, which however is not mandatory.

In order to comply with the period of revocation it is sufficient that you despatch the declaration of the exercise of the right of revocation before the end of the period of revocation.

Consequences of Revocation

In case you revoke the contract we have to reimburse immediately and within fourteen days from the day on which your declaration of revocation has reached us all payments we have received from you, including the delivery costs (excepted are additional costs, which result from the fact that you have chosen another way of delivery as the one we offer normally and at lowest costs). For the reimbursement we use the same payment method, which you have used for your initial transaction, unless we have agreed to something else with you. By no means we will charge you any fees for this retransaction. We are allowed to deny reimbursement until we have regained the goods or you have proven that you have sent back the goods, according to which is the earlier point in time.

You have to send back or give back the goods immediately and in any case latest within fourteen days from the day you have informed us of your revocation of this contract. You will not exceed this period of time if you send back the goods before the period of fourteen days ends. You bear the direct costs of sending back the goods.

You have to compensate for a possible deterioration of the goods only insofar as the deterioration is due to a handling, which is not necessary for the examination of nature, features and functioning of the goods.

Expiration of Right of Revocation

The right of revocation expires ahead of time with regard to contracts

  • on the delivery of sealed goods, which are not convenient for return because of reasons of health protection or hygiene if the seal has been removed after delivery.

  • on the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

2. Instructions on the Right of Revocation for Digital Content

Right of Revocation

You have the right to revoke the contract without reason within a period of fourteen days.

The period to revoke the contract is fourteen days from the day the contract is concluded.

In order to exercise your right of revocation you must inform us (company company company company company) about your decision to revoke the contract by using a clear declaration (e.g. a letter by post, telefax or email). Therefor you can use the attached model revocation form, which however is not mandatory. You can also download the model revocation form on our website http://dvderotik.com/catalog/widerrufsformular.pdf.

In order to comply with the period of revocation it is sufficient that you despatch the declaration of the exercise of the right of revocation before the end of the period of revocation.

Consequences of Revocation

In case you revoke the contract we have to reimburse immediately and within fourteen days from the day on which your declaration of revocation has reaches us all payments we have received from you, including the delivery costs (excepted are additional costs, which result from the fact that you have chosen another way of delivery as the one we offer normally and at lowest costs). For the reimbursement we use the same payment method, which you have used for your initial transaction, unless we have agreed to something else with you. By no means we will charge you any fees for this retransaction.

VII. Prices and Shipping Costs, Delivery

  1. Prices indicated on the product pages are in Euro and contain the legal value added tax.

  2. Additionally to prices we charge shipping costs. Shipping costs depend on the destination and the value of your order. Starting from a value of only 50,00 Euro no shipping costs may be charged.

  3. Products ordered will be despatched according to availability. Regularly, the time of delivery within Germany is three to five working days. In case the time of delivery varies we will inform you on the respective product page. In any case delivery will not take longer than 30 days. There is however no legal entitlement to demand delivery within a certain period of time.

  4. Products ordered will be delivered in completely neutral packing by post or a parcel service.

  5. Details regarding shipping costs and delivery you find here.

VIII. Payment

Payment is effected either by credit card, direct debit, wire transfer or cash on delivery (depending on your country). Details regarding the different methods of payment you find here.

IX. Reservation of Title

The product remains our property until we have received full payment.

X. Warranty

According to legal regulations in case of appearing defects within two years starting from the delivery of the product you have the right to claim supplementary performance (to your choice: removal of defects or new delivery) and price reduction or withdrawal as well as indemnification - as far as the legal prerequisites are fulfilled. You must give us two chances to rework, if you have not set an appropriate time limit for reworking, that has expired without result. If the supplementary performance you desire would cause disproportional costs, you only have the right to claim the other kind of supplementary performance.

XI. Manufacturer's Warranty

Independent of legal warranties as described under IX., you may have rights against the manufacturer of the product in certain cases because of a promise of guarantee. Such promises of guarantee of the manufacturer do not establish any legal relationship with us, but entitle you only to claim rights against the warrantor. In case you make use of such manufacturer`s warranty, we are not obliged to handle your claim, i.e. to take back the rejected product and/or to pass it on to the manufacturer. If nevertheless we declare to help you handle your claim, we are allowed to charge our expenses.

XII. Liability

  1. We are liable without limitation according to the legal regulations for damages of life, body and health, which are caused by contractual breaches of duty with intent or gross negligence of us or our legal representatives or persons we employ in performing an obligation, and for damages, which are comprised by the liability according to the product liability law. We are liable according to the legal regulations also for damages, which are not comprised by sentence 1 and are caused by contractual breaches of duty with intent or gross negligence or malice by us, our legal representatives or persons we employ in performing an obligation. For damages caused by the absence of a guaranteed nature of a product, which does however not immediately occur to the product, we can only be held liable if the risk of such damage should obviously be comprised by the guarantee.

  2. We are liable for damages caused by ordinary negligence, as far as these damages are based on the infringement of rights, which are vital to the customer according to the purpose of the contract and/or breaches of duties whose compliance shall enable the proper execution of the contract and on whose compliance the contacting party regularly relies and may rely (essential duties).

  3. Any further liability is excluded.

XIV. Confiscation of Products

  1. We assume no liability for the confiscation of products, which are executed on the basis of laws and regulations of a certain country, e.g. by customs authorities. It is your obligation to inform you about the respective laws and regulations.

  2. The law of the Kingdom of the Netherlands is not applicable, in case the costumer is thereby deprived of the protection offered to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where he has his habitual residence.

XV. Final Provisions

  1. These T & Cs shall be governed by the law of the Kingdom of the Netherlands. Applicability of the U.N. CISG is excluded.

  2. In case of contracts with merchants and corporate bodies under public law the exclusive jurisdiction for any legal dispute arsing in connection with these T & Cs is the court of Rechtbank Limburg, the Netherlands, to the extent permitted by the law.

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