GTC – Geosfilm

General Terms and Conditions (GTC)
GEOSFILM KG of Hubert Schönegger
Firchatstr. 20, 39038 Winnebach/Innichen (BZ), South Tyrol – Italy
Phone/fax: +39 0474 966 770
E-Mail: info@geosfilm.com
PEC: geosfilm@secure-pec.it
VAT no.: IT02718870211
Web: https://geosfilm.com/

1. Scope of application

1.1 These GTC govern all contractual relationships between GEOSFILM KG (hereinafter “Provider”) and the Customer in connection with the sale of DVDs, Blu-rays and the provision of streaming services via the webshop at https://geosfilm.com.
1.2 Deviating or supplementary terms and conditions of the customer are not recognized unless they have been confirmed in writing by the provider.

2 Contractual partner and conclusion of contract

2.1 Contractual partner is:
GEOSFILM KG of Hubert Schönegger
Firchatstr. 20, 39038 Winnebach/Innichen (BZ), Italy
VAT no.: IT02718870211
2.2 The products displayed in the webshop do not constitute a legally binding offer, but an invitation to submit an offer. By sending the order, the customer submits a binding offer to conclude a purchase contract.
2.3 The contract is concluded by express confirmation by e-mail or by dispatch of the goods or activation of the stream.

3. Scope of services

3.1 Physical products (DVDs/Blu-rays):

The customer acquires a physical copy (DVD/Blu-ray) for private use.
Deliveries are made by external service providers exclusively to countries within the European Union.
Deliveries to countries outside the European Union are offered subject to individual examination.
Should it transpire that shipping costs, customs duties or non-tariff trade barriers make shipping to certain third countries significantly more difficult or economically unreasonable, the provider reserves the right to unilaterally terminate the contract. In this case, any payments already made will be refunded in full.

3.2 Streaming content:

Selected films are available for online use (streaming).
Streaming can only be used via PayPal payment and credit card payment.
Access is not permanently guaranteed (see point 8).

4. Terms of payment

4.1 The following means of payment are accepted for physical products:

Bank transfer
PayPal
Credit card (processing via Paypal)

4.2 Only PayPal and credit card (via PayPal) are permitted for streaming content.

4.3 Payment is due immediately after conclusion of the contract. In the case of bank transfer, processing shall only take place after receipt of payment.

5. Reservation of title

The goods remain the property of the supplier until full payment has been made.

6 Copyrights and restrictions of use

6.1 All content (films, audio carriers, texts, graphics, designs) is protected by copyright. GEOSFILM KG is the sole rights holder.
6.2 With the purchase of physical products, the customer acquires the right to private use only. Any form of duplication, public reproduction, distribution or commercial use is strictly prohibited.
6.3 The following also applies to streaming content:

A personal, non-transferable right of use is granted.
Downloading, recording, copying, archiving, forwarding or sharing the content is expressly prohibited.
Violations of these provisions are without exception subject to civil and criminal prosecution under Italian law (e.g. pursuant to Art. 171 ff. Legge sul diritto d’autore No. 633/1941).
The provider reserves the right to take legal action, including claims for damages, in the event of violations.

7 Warranty and liability

7.1 The statutory warranty rights according to Italian consumer law (Codice del Consumo, D.lgs. 206/2005) apply.
7.2 In the event of physical defects, the customer has the right to a replacement delivery or refund.
7.3 Liability is excluded in the event of slight negligence, except in the event of a breach of material contractual obligations.

8. Termination or modification of the streaming offer

8.1 The Provider reserves the right to discontinue the streaming function in whole or in part at any time.
8.2 In the event of discontinuation, customers who have purchased individual films as part of a streaming purchase will receive a free DVD or Blu-ray copy of the film in question upon request and proof of purchase.
8.3 There is no entitlement to continuous access or permanent availability.

9. Data protection

Our separate privacy policy applies (available at: https://geosfilm.com/en/privacy-policy). Personal data is processed exclusively within the framework of the applicable data protection laws.

10 Place of jurisdiction and applicable law

10.1 Italian law shall apply to all disputes to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The exclusive place of jurisdiction is Bolzano, South Tyrol (Italy), provided that the customer is an entrepreneur.
10.3 Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

11. Right of withdrawal and reversal

11.1 Consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason.
11.2 The withdrawal period shall be fourteen days from the day,

on which the consumer or a third party designated by him took possession of the last goods (in the case of physical products), or
on which the contract was concluded (in the case of streaming services), provided that express reference was made in advance to the expiry of the right of withdrawal and the consumer has waived it with his consent.

11.3 In order to exercise the right of withdrawal, the consumer must inform the provider of his decision by means of a clear declaration (e.g. by e-mail to info@geosfilm.com or by fax to +39 0474 966 770).

11.4 Consequences of revocation:

In the case of physical products, the consumer must return the goods immediately and in any case within fourteen days of sending the declaration of withdrawal at the latest. The cost of returning the goods shall be borne by the consumer.
In the case of streaming services, the right of withdrawal expires completely after the start of playback, provided that the consumer has been expressly informed that he loses his right of withdrawal with the start of playback.

11.5 Reimbursement: The supplier shall reimburse all payments received from the consumer, including shipping costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the supplier), immediately and at the latest within fourteen days from the day on which the notification of withdrawal from the contract is received.

11.6 Exceptions to the right of withdrawal
The right of withdrawal does not apply to sealed audio or video recordings (e.g. DVDs or Blu-rays) if the seal has been removed after delivery (Art. 59 lit. i) Codice del Consumo). The return of unsealed or opened data carriers is therefore excluded, unless the product has technical defects.

12. Amendment of the GTC

12.1 The Provider is entitled to amend these General Terms and Conditions unilaterally subject to a notice period of four weeks.
12.2 The customer shall be informed of planned changes in writing (e.g. by e-mail to the last address provided) or by a notice on the website, whereby the amended terms and conditions can be viewed in full.
12.3 If the customer does not object to the changes within fourteen days of receipt of the notification of change, the changes shall be deemed to have been accepted.
12.4 If the customer rejects the amendments, he shall be entitled to extraordinary termination of the contract as of the date on which the amendments enter into force.

13. Limitation and exclusion of liability

13.1 The liability of the Provider for damages, regardless of the legal grounds, is limited as follows, insofar as legally permissible:

without limitation in the event of intent and gross negligence;
in the event of slight negligence only in the event of a breach of cardinal contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

13.2 Liability for compensation for indirect damage and loss of profit is excluded.
13.3 In the case of claims not covered by section 13.1, liability shall be limited to the amount of foreseeable damage typical for the contract.

14. Force ajeure

14.1 Neither the Provider nor the Customer shall be liable for the non-fulfillment of their obligations under this contract insofar as these are due to unforeseeable, extraordinary circumstances beyond the control of the party concerned (“force majeure”), e.g. natural disasters, strikes, war, official requirements or large-scale technical failures.
14.2 The party affected by force majeure must inform the other party in writing immediately after becoming aware of it and take all reasonable measures to eliminate the disruption and minimize its effects as far as possible.
14.3 If such a situation lasts longer than 14 calendar days, both parties are entitled to terminate the contract without prior notice and without compensation.

15. Special data protection and security provisions

15.1 Controller and processor

Responsible: GEOSFILM KG, Firchatstr. 20, 39038 Winnebach/Innichen, Italy.
Processor for streaming: BunnyWay d.o.o., Dunajska cesta 165 1000, Ljubljana, OSREDNJESLOVENSKA Slovenia

15.2 Purposes and legal bases

Processing of personal data for the purpose of contract fulfillment (Art. 6 para. 1 lit. b GDPR, Codice Privacy).
Processing of usage data (“log files”) by BunnyWay d.o.o to ensure streaming performance.

15.3 Data categories and storage duration

Master data (name, e-mail, address): until termination of the contractual relationship and the subsequent statutory retention period.
Payment data: up to 10 years to fulfill retention obligations under tax and commercial law.
Log files: 12 months, then deleted.

15.4 Safety measures

Use of TLS encryption (HTTPS) for all data transmissions.
Encryption of data at rest on our systems and at BunnyWay d.o.o (AES-256).
Regular security audits and penetration tests (at least every six months).

15.5 Notification of data protection incidents
In the event of a personal data breach, we will inform the competent data protection authority within 72 hours and affected customers immediately in accordance with Art. 33-34 GDPR.
15.6 Rights of data subjects
Affected customers can assert rights of access, rectification, erasure, restriction of processing, data portability and objection (Art. 15-21 GDPR). Requests should be sent to: info@geosfilm.com