GTC
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Popcorn-World GmbH & Co. Vertriebs KG) via the website www.popcorn-world.eu, unless a written amendment is agreed between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our products for purchase only if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, acts in the exercise of their commercial or independent professional activity (entrepreneur). Conclusion of a contract with consumers is excluded.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form) and/or the provision of repair services. The essential characteristics of the goods and/or repair services can be found in the respective offer.
We sell the goods partially or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Regardless of this, we are the contracting party with all rights and obligations.
(2) By placing the respective product or service offer on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review, change (also via the "back" function of the internet browser) or cancel the order details in the order overview. By submitting the order via the corresponding button, you legally declare your acceptance of the offer, whereby the contract is concluded.
(4) You can also submit a binding contract offer (order) by phone, email, fax or mail.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately for orders by phone or at the latest within 5 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods or the provision of the repair service is confirmed to you (order confirmation). If you have not received a corresponding message within this period, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(5) Upon request, we will create an individual offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different period is indicated in the respective offer). You accept the offer by confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out automatically by e-mail in part. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License for digital content
(1) The digital content offered is protected by copyright. For each digital content acquired from us, you receive a user license from the respective licensor. The type and scope of the user license result from the license terms specified in the respective offer.
(2) Unless otherwise specified in the respective offer, you will receive a simple user license. This includes a non-exclusive right of use, limited in time to the period of use specified in the offer, in particular the permission to store and/or print a copy of the digital content for your personal use on your computer or other electronic device. You are not entitled to rent, sublicense, publicly reproduce or otherwise make available or otherwise provide the digital content subject to the contract or parts thereof to third parties, whether for a fee or free of charge.
§ 4 Custom Designed Goods
(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Our specifications for file formats must be observed.
(2) You undertake not to transmit data the content of which violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for content accuracy and therefore accept no liability for errors.
(4) If specified in the respective offer, we will send you a proof, which you must check immediately. If you agree with the draft, you release the proof for execution by counter-signing in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for accuracy and completeness and informing us of any errors. We accept no liability for errors that have not been objected to.
§ 5 Performance of Repair Services
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform these to the best of our knowledge and belief personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the defect existing on the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective device to us.
(4) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand a lump sum remuneration of 10% of the agreed remuneration if the execution has not yet begun. You remain entitled to prove that we have incurred no or substantially lower costs.
§ 6 Performance of Installation Services(1)
Insofar as installation services are the subject of the contract, we owe the installation work resulting from the service description. We perform these to the best of our knowledge and belief personally or through third parties.(2) The services will be performed on the agreed dates.(3) You are obliged to cooperate. In particular, you must provide access to the premises in an accessible and reasonably safe condition at the time of the installation services. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water. We are entitled to terminate the part of the contract regarding the provision of installation services according to § 643 BGB if you do not fulfill your duties to cooperate. For this purpose, we will set a reasonable deadline during which you can catch up on the necessary cooperation services.(4) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand a lump sum remuneration of 10% of the agreed remuneration if the execution has not yet begun. You remain entitled to prove that we have incurred no or substantially lower costs.
§ 7 Prices, Payment Terms and Shipping Costs
(1) The prices stated in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The incurred shipping costs are not included in the purchase price, they are calculated separately, unless free shipping has been promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
No shipping costs apply for digital content (data created and provided in digital form).
(3) If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
(4) Money transfer costs (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless otherwise specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. A deduction of discounts is only permitted if expressly indicated in the respective offer or in the invoice.
§ 8 Delivery Conditions
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of advance payment by bank transfer, the goods will be dispatched and/or the repair service will be provided only after receipt of the full purchase price or the payment amount for the repair service and the shipping costs.
(2) Should a product ordered by you unexpectedly not be available despite timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment is at your risk. If you wish, shipping will be carried out with appropriate transport insurance, whereby the costs incurred thereby are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged with additional costs for shipping.
§ 9 Warranty
(1) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
(2) Only our own statements and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something different arises, in particular, from the nature of the item or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.
§ 10 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We reserve title to the goods until all claims from the current business relationship have been paid in full. Pledging or transfer of title by way of security is not permitted before title to the reserved goods has passed.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities due to you at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 11 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance and jurisdiction is our registered office, insofar as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer Information
1. Identity of the Provider
Popcorn-World GmbH & Co. Vertriebs KG
Im Schlöttle 9
79588 Efringen-Kirchen
Germany
Phone: +497628919064
Email: mail@popcorn-world.eu
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order or inquiry, the contract data can be printed out using the browser's print function or saved electronically.
These GTC and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 15.12.2025