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General Terms and Conditions
The following General Terms and Conditions (GTC) also contain legal information on your rights under the regulations on distance contracts and electronic commerce.
I. Scope of application
The following GTC apply exclusively to all services and deliveries that can be ordered and purchased in the online store www.erotik.com.
II. age of majority, offer, order process, contract conclusion and contract language
We wish to conclude contracts exclusively with persons who are of legal age or have reached the age of 18. By registering on the website www.erotik.com or placing an order for products from the online store or purchasing usage time for our video on demand (VoD) offer, you confirm that you are of legal age or have reached the age of 18.
The presentation of the products in the online store is not a legally binding offer, but an invitation to you to place an electronic order.
You order in our online store www.erotik.com by placing products in the shopping cart, specifying the desired payment method and confirming that you have taken note of our general terms and conditions and the cancellation policy. By clicking on the "Buy" button in the last step of the ordering process, you confirm the accuracy of your details and place a binding order for the products in the shopping cart.
The purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail after receiving your order or when we dispatch the ordered products.
The contractual partner is KNPB Media B.V. / Eurode Park 1-58 / 6461KB Kerkrade / Netherlands - Tel 0031 (0)45 567 32 66 - support@erotik.com
The contract languages are English and German.
III. video downloads & streams
On our website www.erotik.com we offer you a variety of erotic movies for download & stream. To take advantage of this offer, simply click on the desired movie and add it to your shopping cart. The rest of the order process and the conclusion of the contract then take place as described under II.3. and 4.
The films offered are protected by copyright and ancillary copyright and may therefore only be used by you for non-commercial purposes in the private sphere. Any other use is prohibited.
Purchased digital content is generally available to you for downloading or streaming, but may no longer be available due to possible license restrictions of the license holder or for other reasons. We accept no liability in the event that Purchased Downloads & Streams are no longer available for further downloading or streaming.
Further information about our video download offer can be found here.
IV. Correction of input errors and storage of the contract text
You can correct your order at any time before sending it by clicking on the back button of your browser. Corrections are no longer possible once the order has been sent.
Your order will be stored by us until the transaction has been completed and in accordance with the statutory retention periods. If you lose the documents relating to your order, please contact us by e-mail. We will send you a copy of your order data as long as your order has not yet been fully processed.
V. E‑Points bonus program
General The E‑Points bonus program is an offer from EROTIK.com. By creating a customer account, you automatically take part in the E‑Points program and accept the conditions listed here. A separate registration for the bonus program is not required. EROTIK.com reserves the right to terminate or refuse the participation of individual users without giving reasons.
Acquisition of points You will receive e-points for every euro spent (incl. VAT). The credit will be issued automatically after a blocking period following completion of the purchase. Points will not be credited or will be deducted in the event of cancelations or returns.
Points redemption E‑Points can only be redeemed on EROTIK.com for goods offered there. The number of points required for a specific discount amount is specified in our points system and can be viewed on our website. A maximum of one E‑Points discount can be redeemed per order. Cash payment, exchange for cash or other means of payment and any other form of monetization is expressly excluded. EROTIK.com reserves the right to temporarily suspend or restrict the redemption of E‑Points, in particular in the event of suspected misuse.
Validity and expiry Activated E‑Points are valid for 12 months from activation and then expire automatically. When redeeming points, the oldest valid points are always used first.
Subject to change EROTIK.com may change, restrict or completely discontinue the entire E‑Points program or parts thereof at any time and without prior notice, without this giving rise to any claims for compensation. This also applies to points already accumulated but not yet redeemed.
Transferability E‑Points are personal and linked to the respective customer account. They cannot be transferred to other accounts, paid out or exchanged for cash.
Data protection For the administration of the E‑Points program, we process personal data in accordance with our privacy policy.
VI. right of withdrawal for consumers
A. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. In the case of contracts for the delivery of goods, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. In the case of contracts for the supply of data which is not on a physical data carrier and which is produced and provided in digital form (digital content), the withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise the right to cancel, you must inform us (KNPB Media BV, Eurode-Park 1-58, 6461KB Kerkrade, Netherlands, Tel.: 0800-3837467, E-Mail: support@erotik.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. In the case of contracts for the delivery of goods, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal expires prematurely for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded. The right of withdrawal expires prematurely in the case of contracts for the delivery of digital content if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the end of the withdrawal period and you have confirmed to us that you are aware that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
General instructions for returning goods
1) Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transportation damage. 2) Please do not return the goods to us freight collect. 3) Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
**To KNPB Media Eurode Park 1-58 6461KB Kerkrade Netherlands
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the supply of the following service (*)
Ordered on () ____ / received on () ______
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
VII. prices and shipping costs, delivery
The prices stated on the product pages are euro prices and include statutory VAT.
In addition to the prices quoted, we charge shipping costs. The amount of the shipping costs depends on the location to which your order is to be shipped and the value of your order. Shipping costs may be waived for orders over 50.00 euros.
The ordered products are shipped according to availability. The delivery time within Germany is usually three to five working days. We will point out any deviating delivery times on the respective product page. Under no circumstances will the delivery time exceed 30 days. There is no entitlement to delivery within a certain period of time.
The ordered products are delivered in absolutely neutral packaging by the post office or a parcel service.
Details on shipping costs and delivery can be found here.
VIII. Payment
Payment can be made by credit card, direct debit, bank transfer, cash on delivery or instant bank transfer. Details on the various payment options can be found here.
IX. reservation of title
The goods remain our property until full payment has been made.
X. Warranty
The warranty is subject to the statutory provisions. For all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your discretion: rectification of defects or new delivery) and - if the statutory requirements are met - the statutory rights to reduction or withdrawal and also to compensation. You must grant us a total of two attempts to rectify the defect if you have not previously set us a reasonable grace period which has expired without result. If the type of subsequent performance requested by you is only possible at disproportionate cost, your claim shall be limited to the other type of subsequent performance.
XI. Manufacturer's warranty
Irrespective of the statutory warranty rights that you have against www.erotik.com in the event of a defect, you may be entitled to claims against the manufacturer of the product on the basis of a guarantee promise in the event of a guarantee claim. Guarantee promises made by the manufacturer do not establish a legal relationship with us, but only give you rights against the guarantor. If you make a claim under such a manufacturer's warranty, we are not obliged to process your warranty claim, i.e. to take back the defective goods and/or forward them to the manufacturer. If we nevertheless agree to process your warranty claim, we are entitled to charge you for any costs incurred as a result of the processing.
XII. Liability
We shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health which are based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages which are covered by liability under the Product Liability Act. We shall be liable in accordance with the statutory provisions for damages that are not covered by sentence 1 and that are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our vicarious agents. We shall only be liable for damages which are based on the absence of a guaranteed quality but which do not occur directly on the goods if the risk of such damage is clearly covered by the quality guarantee.
We shall also be liable for damages caused by simple negligence, insofar as the resulting damages are based on the violation of rights that are to be granted to the customer according to the content and purpose of the contract and/or on the violation of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligations).
Any further liability is excluded.
XIII Confiscation of products
We accept no liability for seizures of products that are carried out on the basis of the laws and regulations of a particular country, e.g. by customs authorities. It is your responsibility to inform yourself about the applicable laws and regulations.
XIV Final provisions
- The law of the Kingdom of the Netherlands shall apply exclusively, to the exclusion of the U.N. Sales Convention.
- This shall not apply insofar as the customer is thereby deprived of the protection afforded to him by mandatory provisions of the country in which he has his habitual residence.
- In the case of contracts with merchants and legal entities under public law, Rechtbank, Limburg/Netherlands shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.