General rental conditions of the FTA Film- und Theater-Ausstattung GmbH
Rental Terms & Conditions for Traders (B2B)
(Online Shop)
Section 1 Scope
These Terms & Conditions (hereinafter also ‘T&C’) apply to the rental contracts concluded between you and us, FTA Film- und Theater-Ausstattung GmbH, Bavariafilmplatz 7, 82031 Grünwald-Geiselgasteig/ Germany (click: Imprint), for our prop and costume objects (hereinafter also ‘Goods’), unless expressly agreed otherwise between you and us in writing.
Differing or contrary conditions are not recognised by us, unless we have expressly agreed to them in writing.
Section 2 Proof of your trader status
Our Online Shop is intended exclusively for traders within the meaning of Section 14 of the German Civil Code (BGB). We can therefore require before conclusion of contract that you adequately prove your trader status, e.g. by providing your VAT no. or other suitable proof. The information required as proof is to be provided by you comprehensively and truthfully.
Section 3 Registration in our Online Shop; processing of your personal information
(1) You can order goods and services in our Online Shop as a registered user. As a registered user, you do not have to provide your personal information each time, instead you can simply log into your customer account before placing or during an order with your email address and password chosen on registration. There is no rental obligation relating to the Goods we offer due to merely registering. For more information on the processing of your personal data, please read our Privacy Policy, which you will find under the following link [www.fta- fundus.de/datenschutz/].
You can select a personal user name and password upon logging in. You are obliged the keep the password secret and under no circumstances to disclose it to third parties, i.e. persons external to your company or within your company who do not have a right of representation.
(2) You can delete your registration at any time on the website with the ‘My Dashboard’ button. If your personal information changes, it is your responsibility to update it. All changes of this kind can be made online after registration under ‘My Dashboard’.
(3) You can view these T&C at any time during the registration. You will be asked for confirmation of your acknowledgement and acceptance of these T&C.
(4) If a contract with you enters into force outside of our Online Shop within the meaning of Section 4 (3), changes to your requested Goods and their delivery will not be possible after we have dispatched the Goods as ordered.
Section 4 Entry into force of the contract, contract language
(1) The presentation of goods and services in our Online Shop does not represent a legally binding offer, but rather an invitation to place an order (so-called ‘invitatio ad offerendum’).
(2) After registering in our Online Shop in accordance with Section 3, you can add your desired Goods to your online shopping basket (for further information in this regard, see Section 5 of these T&C). You will also be requested in the Online Shop to give the intended use (such as production of video material) and the bearer of costs (party liable for payment) for your respective ordered items.
(2.1) Once you have compiled all of your desired Goods, you can click the ‘Request confirmation’ button in the shopping basket. You thereby send us your shopping-basket list and request a rental offer from us on our Goods as contained in your list. A contract between us for the Goods does not yet enter into force.
(2.2) We will check your information and determine the availability and rental fee of the requested Goods. Thereafter, we will make an offer in your account (on the rental and/or booking of the Goods shown in your shopping-basket list). Rather than making the offer online, or in addition, we will send you the offer to the email address stored with us.
In the offer, we will show the requested Goods with rental fees and inform you on the respective availability and on whether an appropriate deposit for the Goods is required. If the availability of certain Goods cannot be determined (e.g. because the previous lessee is late in returning the Goods), we will inform you in this regard and in some cases offer alternative Goods for the item concerned.
(2.3) In accordance with the previous point 2.2, you have three options relating to our offer:
By clicking the ‘Order with payment obligation’ button in the last step of the order process, you can make a binding acceptance of our offer.
You thereby agree to the rental contract with us.
Alternatively, you can reject our offer, whereby no rental contract will be agreed to.
Furthermore, you can reject our offer and request alternative Goods from us. In this case, the order process will repeat from the previous point 2.1.
(3) Instead of through our Online Shop, you can make your rental offer within the meaning of the previous point 2.1 by telling us by word of mouth which Goods you wish to request, in what time period
and at what rental fee and by providing the delivery address. A contract between you and us will in this case enter into force as soon as we confirm and accept your information in writing (e.g. by email).
(4) The language made available for conclusion of contract is exclusively German. Translations into other languages serve merely for your information. In the event of discrepancies between the German text and the translation, the German text is authoritative.
Section 5 Technical steps pending conclusion of contract and correction of input errors
During the order process, you first add the desired goods and services (such as goods loading and/or loading assistance) to the shopping basket. You can change the desired quantity here at any time or completely remove selected goods and services. If you have saved goods and services here, you will first proceed by clicking the ‘Next’ buttons to a page where you can enter your information. We only offer payment on invoice as usual in this line of business.
Finally, a review page opens, where you can check your details. You can correct your input errors (e.g. your personal information or the desired quantity) by clicking on ‘Change’ in the respective field.
If you wish to cancel the order process completely, you can also simply close your browser window.
Otherwise, your declaration will be sent to us upon clicking the ‘Request’ confirmation button and you will receive our offer within the meaning of Section 4 (2.2) of these T&C.
Section 6 Rental scope (use, rights of use, duration/return, property)
(1) The Goods we rent out remain our property. The Goods are props and decorative items for equipping and creating production design and are not to be used for their regular purpose according to general understanding.
(2) You are authorised to use the rental Goods according to contract. You are not authorised to use the Goods for a purpose other than or in addition to the purpose stated by you upon awarding of contract. In particular, you are not authorised to sell the Goods or to re-rent them without our approval.
(3) The leasing of our Goods authorises you to use them uniquely for a production (video and/or picture) or event (e.g. gala, company celebration). In this regard, you are not authorised to use the same Goods rented from us for another production or event (see also Section 13 (4)).
If you breach this prohibition, you shall be obliged to pay the rental fee per production. This means, if you use the Goods in breach of contract for two productions, the rental fee of the Goods doubles.
(4) Electrical items, in particular - with the exception of lamps - are not tested for functionality and safety and should therefore not be powered by electricity.
Testing of suitability of a rental object for its planned use is the responsibility of the lessee.
See also Section 13 (4) of these T&C.
(5) Only physical objects are leased. We do not grant any rights of use protected under copyright law to these objects. The lessee itself is responsible for obtaining rights required for the use it plans from the copyright owners or relevant collection societies.
(6) Our offer to you states (in accordance with Section 4 (2.2) of these T&C) whether you must provide us with a deposit for the rental objects before or during the rental period. You can deliver this deposit to us in cash by hand up to the amount of the value of the rental Goods.
(7) A refund of the agreed rental fee will not be made if the lessee does not collect the ordered or reserved Goods according to contract or collects them and does not use them.
Insofar as we succeed in leasing the Goods concerned elsewhere during the rental period you have chosen, the rental fee agreed with you will be reduced by the amount which the other lessee has paid to us for the Goods concerned.
(8) Our Goods are to be handled with care during the rental period and returned after use in complete and defect-free condition. If the lessee causes a defect in our Goods (damage), it is to inform us without delay upon noticing this.
(9) Upon return of the Goods, we will check for completeness of the return using the delivery note. In the event of incomplete return, we will produce a missing list and send it to you, if after our internal check a return of the corresponding Goods is no longer expected.
Section 7 Rental period
The rental period begins on the day of collection and/or handover by us to a forwarding company which undertakes delivery to you (‘collection date’) and ends on the day of return to us at our location from which you collected the Goods or they were sent (‘return date’). Only working days (not: Sat, Sun, public holidays) are charged as rental days. If the rental period is charged in weeks, the following rental week begins on the day having the same name as the day of collection and/or dispatch. Section 193 of the German Civil Code (BGB) applies.
Section 8 Rental fee
(1) The lessee is to pay at least the basic rental fee independently of the rental duration. The basic rental fee is charged as follows:
(2) The following features apply to the various Goods:
(2.1) Furniture and lamps:
• The rental fee is charged in days.
• The basic rental fee is calculated from three days’ rental fees, which can be found in the offer in accordance with Section 4 of these T&C.
• For longer rental periods, discounts are granted on the daily rental fee in the following amounts:
- from the sixth working day 50% for each additional day - from the eleventh working day 75% for each additional day - from the 21st working day 90% for each additional day
(2.2) Materials and props
• The rental fee is charged in weeks. This means, for each week commenced a full week is charged.
• The basic rental fee is calculated from a weekly rental rate, which can be found in the offer in accordance with Section 4 of these T&C.
• For longer rental periods, discounts are granted on the weekly rental fee in the following amounts:
- for the second week: 50%
- for the third and fourth weeks: 75%
- from the fifth week for each additional week: 90%
(2.3) Costumes
• The rental fee is charged in weeks. For each week commenced a full week is charged.
• The basic rental fee is calculated from a weekly rental rate, which can be found in the offer in accordance with Section 4 of these T&C. This already includes cleaning costs.
• From the second week, for each additional week a discount in the amount of 90% is granted on the weekly rental fee.
(3) All price information in these T&C excludes VAT of currently 19%.
Section 9 Place of fulfilment, transfer of risk and transport service (dispatch)
(1) The place of fulfilment for transfer / collection and return of the prop and costume objects (Goods) is the FTA branch office (site) from which you collected the Goods and/or they were sent (‘return location’).
(2) FTA makes the prop and costume objects available at its collection points (‘ramp’), where the lessee can collect them (‘duty to collect’). The risk of destruction or deterioration of the rental objects transfers to the lessee or its representatives from the date of transfer. The lessee’s bearing of risk ends with proper return of the prop and costume objects to the ramp of the FTA.
(3) The lessee is obliged to ensure professional loading and professional transport and bears the arising costs in this regard. The transport vehicles used by the lessee must be suitable and correspondingly equipped for transporting the prop and costume objects. The lessee is also to ensure that an adequate number of persons is available who are suitable for professional loading and professional transport.
(4) The following applies to packaging for transport from the ramp to the place of use:
• As aforementioned, we are not a contract party for dispatch, i.e. we are neither a forwarding company nor transporter. The lessee must always conclude the delivery contract on its own responsibility. This means, furthermore, that we are liable for our rental Goods up to our ramp and thus until handover to the delivery service commissioned by you.
• Lamps, props and materials are correctly packaged by us.
• Furniture must be properly packaged by the lessee, whereby we provide suitable packaging material in adequate measure.
• All other prop and costume objects are, insofar as required, to be packaged by the lessee.
(5) The responsibility for packaging from the place of use back to the ramp is borne fully by the lessee. Packaging material provided by us on loan is to be returned at the end of the rental period.
(6) FTA offers to mediate a transport service across Germany through third parties, which is available on payment of a fee: We are not a contract party of the delivery contract, but will conclude it upon request of the lessee for the lessee in its name, if it authorises us to do so.
(6.1) At the express request of the lessee and on payment of an additional fee, which can be found in the offer in accordance with Section 4 of these T&C, FTA will send the prop and costume objects to a location other than the place of fulfilment (in accordance with Section 9 (1)).
(6.2) The lessee can choose between standard and express delivery. For standard delivery, the delivery period for items classified as bulky goods is at least ten working days and for other items at least two working days. For express delivery, the delivery period for items classified as bulky goods is at least two working days, for parcel-sized items delivery periods starting from 24hrs can be agreed. For express delivery, an express surcharge is due in addition to the transport charge, based on volume, weight and delivery date.
(6.3) In cases where use is made of the transport service, the risk of accidental destruction and accidental deterioration transfers to the lessee as soon as FTA has delivered the prop and costume object to the forwarding company, freight company or other person or entity designated to implement the delivery, at the latest on leaving the ramp. This applies regardless of whether dispatch of the Goods is from the place of fulfilment and who bears the shipment costs.
(6.4) Section 6 (2) to (4) does not apply to use of the transport service.
(6.5) Where the transport service has been ordered, the
(6.5)
agreed price must still be paid if the Goods are collected and returned by the lessee itself, or if the pre-ordered or reserved prop and costume objects are not used. Insofar as FTA succeeds in such cases in implementing a
(6.5)
reduced transport fee with the carrier (e.g. forwarding company, freight company, postal company, etc.), the transport fee payable by the lessee is reduced by this amount.
(7) The prop and costume objects are not insured by FTA. The lessee is therefore recommended to have these insured for the duration of the rental period.
Section 10 Storage of the contract text
The contract provisions with information on the ordered Goods and/or booked services including these T&C and the cancellation instructions will be forwarded to you by email on acceptance of the contract offer and/or on notification in this regard. The contract provisions are not stored by us.
Section 11 Payment conditions
(1) The rental fees inclusive of any transport fee and express surcharge are due for payment upon receipt of an invoice from us.
(2) Interest for late payment is charged in the amount of 9% points above the respective base interest rate per annum. The right to assert higher damages arising from default remains reserved.
Section 12 Guarantee and limitation period
(1) The lessee must check the Goods at the latest immediately after transfer to ensure they are free of defects and notify us of any faults without delay for rectification. If the lessee does not fulfil this obligation, it will be presumed that the Goods were defect-free on transfer.
(2) If the Goods - contrary to the availability information in our offer in accordance with Section 4 (2.2) of these T&C - are not available, we may transfer to the lessee in lieu of the ordered Goods replacement Goods of the same kind, if this is appropriate under consideration of the lessee's interests. If we offer replacement Goods, the lessee does not thereby have any claim to a reduction of the rental fee or compensation for damages due to the non-availability of the rental Goods.
(3) Should the delivered Goods be defective, you are entitled within the context of statutory provisions to demand supplementary performance in the form of defect removal or delivery of a defect-free item. We have the right to choose the kind of supplementary performance. If the supplementary performance fails, you are entitled to reduce the purchase price or in the presence of the legal preconditions to withdraw from the contract. The precondition for any guarantee rights is that you properly fulfil all due obligations to inspect and lodge a complaint in accordance with Section 377 of the German Commercial Code (HGB).
(4) The limitation period for guarantee claims for all delivered Goods is twelve months from receipt of the Goods.
Section 13 Liability
(1) We are liable for any malicious intent or gross negligence. We are furthermore liable for mildly negligent breach of obligations, the fulfilment of which is a precondition for proper execution of the contract, whose breach jeopardises achievement of the purpose of the contract and the observance of which you may regularly rely on as the lessee (cardinal obligations). In the latter case, we are liable, depending on the reason and amount, for foreseeable, direct damages typical for contracts of this type which we have caused or contributed to, corresponding to our contribution in proportion to the other causes of damage.
We conclude and maintain professional insurance in the amount of the above sum. We hereby point out that the lessee, not us, uses the rental Goods and therefore it can best judge the extent of the interests to be insured, and that it is free to insure a damage risk itself and on an ongoing basis.
Liability for loss of profits is excluded.
This Section 13 applies likewise to breaches of obligations by our auxiliary persons.
The aforementioned liability exclusions do not apply for injury to life, limb and health. Liability in accordance with the German Product Liability Act remains unaffected.
(2) We cannot grant any rights protected by copyright law to the Goods (see Section 6 (5) of these T&C). As a result, the lessee must guarantee that the use of our Goods by it or via it by third parties does not give rise to any content (e.g. video or other imagery) which interferes in an illegal manner with the copyright or other property rights of third parties. For example, the use of our Goods must be registered regularly, as for original artworks, with the collection society, Bild-Kunst.
The lessee shall indemnify us against any claims in this connection and will reimburse us with the reasonable costs of legal defence.
(3) For breaches of competition law and similar infringements due to the use of our Goods by the lessee, the lessee is liable.
(4) The lessee is authorised to use the Goods in accordance with Section 6 (3) of this contract. If it uses our Goods for more than imitation (e.g. for image production) and, for example, in their original function (e.g. lamp for lighting, stool for sitting), we shall accept no liability for the respective functionality and any required safety measures (e.g. fire protection, load capacity, safety certificates) which could be mandatory for the use intended by the lessee.
Section 14 Final provisions
(1) Changes or supplements to these Terms & Conditions require the written form.
(2) The law of the Federal Republic of Germany applies exclusively under exclusion of UN sales law.
(3) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Munich.
(4) Should individual provisions of these Terms & Conditions be ineffective, the validity of the other provisions shall remain otherwise unaffected. The ineffective provision will be replaced consensually by the contract parties with a legally effective provision which comes closest to the economic meaning and purpose of the ineffective provision. The preceding rule applies correspondingly to regulatory loopholes.