General Terms and Conditions (GTC)
Terms and Conditions
These terms and conditions apply to all goods and services offered on our website www.daseinfilmlab.de as well as to contracts concluded between us,
DASEIN Film Lab
Owner: Paul Schön
Biebricher Str. 6
12053, Berlin
Email: paul@dasein.film
VAT ID: DE368382680
and you as our customer (hereinafter referred to as “Orderer”). The following General Terms and Conditions form the basis of every order and contract. By placing an order or registering an account on our website, you acknowledge and accept these terms. You can view and print the terms and conditions at any time on our website. Any conditions deviating from these will only be recognized if we have expressly agreed to them in writing.
§ 1 Scope
1. These terms and conditions (T&Cs) apply to all legal relationships between DASEIN Film Lab (hereinafter “Provider”) and its customers, whether they are consumers or businesses.
2. All agreements between the Orderer and the Provider are derived from these T&Cs, the written order confirmation, and the Provider’s acceptance declaration.
3. The version of these T&Cs valid at the time of contract conclusion applies.
4. Deviating terms from the Orderer will only be acknowledged if expressly agreed to in writing by the Provider.
§ 2 Contract Conclusion
A. Scanning & Developing
1. The Orderer commissions the Provider to develop and/or digitize undeveloped or already developed film material by sending the material. Clicking the order button in the online shop constitutes a binding offer.
2. Before submitting the order, the Orderer can view and modify the details at any time. The Provider confirms receipt of the order by email, which does not constitute acceptance of the contract offer. Acceptance occurs only after receipt and inspection of the material.
3. The Orderer declares that they own the copyright to the submitted materials. In case of copyright infringement, the Orderer indemnifies the Provider against all third-party claims.
B. Online Shop for Goods
1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order.
2. Before the binding purchase, all details are summarized in an order overview. The purchase contract is concluded when the Provider accepts the order via a confirmation email.
§ 3 Online Services for Scans
The digitized files are made available for download for 14 days and are then deleted. Permanent storage is not offered, and the Provider does not guarantee server availability.
§ 4 Storage of Negatives
Negatives can be stored for up to one year upon request.
§ 5 Payment Terms
Invoices are due immediately without deduction. Payment can be made in advance or via PayPal. If an order is not paid within two months of invoice issuance, it will be destroyed. Further details about data processing related to payment can be found in the privacy policy.
§ 6 Shipping and Packaging
1. Shipping costs are borne by the Orderer.
2. The Orderer is responsible for securely packaging the film material. Shipping is at the Orderer’s risk.
3. Return shipping costs for negatives are €2.99.
§ 7 Conditions for Development and Scans
1. The stated formats may be reduced due to cropping. Without specific instructions on processing (e.g., color, contrast), the Provider will decide at their discretion.
2. Color-accurate processing is not possible for old or unknown film types.
§ 8 Right of Withdrawal
The Orderer has the right to withdraw from the contract within 14 days without providing reasons, provided they are a consumer as defined in § 13 of the German Civil Code (BGB).
§ 9 Warranty and Liability
The Provider is only liable in cases of gross negligence and intent. The Provider is not liable for minor scratches or contamination on the film material. The Orderer is advised to inspect the material before further processing.
§ 10 Retention of Title
Goods remain the property of the Provider until full payment has been received.
§ 11 Data Protection
The processing of personal data is necessary to execute the contract. Further details can be found in the privacy policy.
§ 12 Amendments to the Terms and Conditions
The Provider reserves the right to amend these T&Cs at any time. Amendments will be communicated to the customer by email. If the customer does not object within 14 days, this will be considered consent.
§ 13 Final Provisions
If any provision of these T&Cs is invalid, the validity of the remaining provisions remains unaffected. German law applies.