Terms of service
$ 1 General information, scope of application of the T&C
- All products included in the streaming service are provided exclusively on the basis of the version of the following General Terms and Conditions (hereinafter “T&C”) in force at the time of the order.
- VThe contractual partner is FS Cars, Nieuweweg 26A, 1784 PJ Den Helder, Netherlands, telephone: 0031-(0)681 309 418, email: firstname.lastname@example.org (hereinafter “FS Cars” or “We”).
- Only a consumer can be a customer within the meaning of these Terms and Conditions (hereinafter the “Customer”). A consumer in the sense of the Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
§ 2 Entry into force and formation of the contract
- The offer made by FS Cars is binding. By placing an order, the Customer accepts the offer made by FS Cars to enter into a contract. The contract is formed when an order is sent to FS Cars. The Customer receives an order confirmation by email.
- The Customer can view the desired streaming service in greater detail by clicking the ‘Stream film’ button. Clicking the [Add to shopping basket] button places the product in the shopping basket. The contents of the shopping basket can be viewed at any time, without obligation, by clicking the [Shopping basket] button. Products can also be removed from the shopping basket again by clicking the [Remove] icon.
- The order process is initiated by clicking the [Go to checkout] button in the shopping basket. A customer account is created the first time an order is placed. The payment method is then chosen. In the last step, the Customer is shown an overview of his order details under ‘Review order’ and can check all the details again and delete or, if necessary, amend them using the ‘Amend’ function. The Customer can also correct errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the order, the Customer has to accept the General Terms and Conditions and click the [Stream now for a fee] button. The order is then sent to FS Cars. The streaming service then becomes available to the Customer in his customer account.
§ 3 Storage of the contract text
FS Cars stores the Customer’s order, the order data entered and the entire text of the contract. The Customer receives an order confirmation containing all the order details and the entire text of the contract by email. The Customer has the option of printing out both the order and the General Terms and Conditions before sending the order to FS Cars. Finally, the Customer can access the orders he has placed in his customer account at any time.
§ 4 Consumers’ right to cancel
(1) The following right of cancellation only applies to consumers engaged in distance selling:
Right of cancellation
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period is 14 days from the date on which the contract is concluded.
To exercise your right of cancellation, you must inform us (FS Cars, Nieuweweg 26A, 1784 PJ Den Helder, Netherlands, telephone: 0031-(0)681 309 418, email: email@example.com) of your decision to cancel this contract by giving clear notice (e.g. a letter sent by post or email). You may use the attached sample cancellation form to do so, although this is not mandatory
To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation period expires.
Consequences of cancellation
f you cancel the contract, we must refund all payments that we have received from you, including delivery costs (except for the extra costs resulting from you having chosen a type of delivery other than the cheapest standard delivery offered by us) without undue delay and at the latest within 14 days from the date on which we receive notification that you are cancelling the contract. To make this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this repayment.
If you have requested services to start during the cancellation period, you must pay us an amount corresponding to the proportion of services already rendered up to the date on which you inform us you are exercising your right to cancel this contract, relative to the total scope of services provided for in the contract.
(2) Note on lapse of the right of cancellation for streaming
In the case of contracts concerning the supply for a fee of digital content that is not provided on a physical data medium, the right of cancellation lapses under the following circumstances:
- when the supplier has already begun to fulfil the contract;
- when the consumer has given their explicit consent to the supplier beginning to fulfil the contract before the end of the cancellation period;
- when the consumer has confirmed their acknowledgement that by giving their consent to fulfilment of the contract beginning, their right of cancellation will lapse;
- when the supplier has given the consumer confirmation in accordance with Section 312 et seq.
§ 5 Sample cancellation form
(If you wish to cancel the contract, please fill in this form and return it to us.)
1784 PJ Den Helder
I/we (*) hereby cancel the contract I/we (*) have entered into to purchase the following goods (*)/receive the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
(*) Delete as appropriate.
§ 6 Prices, payment terms
- All prices are inclusive of statutory VAT.
- FS Cars provides its services solely against payment in advance.
- Payment is made via the payment methods available when ordering. FS Cars reserves the right to exclude certain payment methods. When paying by PayPal, the Customer is redirected from the order process to the PayPal payment page and makes the payment there directly. When paying by credit card (Visa, Mastercard, Maestro, American Express), payment is made immediately following entry of the details and verification that the Customer is the legitimate cardholder, and his credit card account is then charged. When paying by Apple Pay or Google Pay, the Customer is redirected from the order process to the Apple or Google website. There the Customer enters his payment details and confirms his payment order to Apple or Google. After the order has been submitted in the shop, FS Cars requests Apple or Google to initiate the payment transaction and the Customer’s account is then charged
§ 7 Streaming
- The user contract is agreed for the period of use stated in the corresponding offer (contract term) and ends automatically. Notice of termination is not required.
- The number of times that a film can possibly be viewed within the contractually agreed period of use depends on the corresponding offer. Each time the film is accessed counts as one view, even if the film is not watched or not watched in full.
- Once the contract has been signed, FS Cars stores the agreed streaming product on a central data processing system or several data processing systems ready for use. The point of transfer is the router output of FS Cars’ data centre.
- FS Cars grants the Customer access to the streaming product via a user account to be created by the Customer when ordering at www.bugatti-royale.de. When registering, the Customer sets a personal password that only he should use. The Customer is obliged to keep this password secret. In the event of a violation of this confidentiality obligation, the Customer must reimburse FS Cars for the damage it suffers as a result of unauthorised use of the password.
The Customer must ensure that the email address entered in his customer account is up-to-date and that he checks it on a regular basis. The Customer guarantees that this email address is available for communication with FS Cars and acknowledges that legally binding declarations sent to him via this email address will be deemed to have been received
$ 8 Rights of use
- The Customer is granted a non-exclusive, non-sublicensable, non-transferable right of use for the contractually agreed streaming product which is restricted to the term of the contract in accordance with the following provisions.
- The film is not supplied to the Customer in physical form. The Customer is entitled to use the contractually agreed streaming product for private use only. Public screening is not permitted.
The Customer is only entitled to the rights that are explicitly granted to him above. In particular, the Customer is not entitled to use the streaming product and content thereof beyond the agreed scope of use, to permit third parties to use it or to make it available to third parties. The Customer is not permitted to reproduce, sell, permit the temporary use of or, above all, rent out or lend the streaming product.
§ 9 Suspending the streaming service
- FS Cars may prevent any (further) use of the contractually agreed streaming product by suspending the customer account if
- the Customer does not fulfil his payment obligations;
- the Customer provides inaccurate details of his identity, address or age and/or provides misleading information in respect of his legal capacity;
- the Customer violates the provisions of Section 8 on grounds for which he is responsible.
If the Customer continually or repeatedly violates the provisions of Section 8 despite a written warning from FS Cars in this regard and if the Customer is responsible for this violation, FS Cars may terminate the agreement by way of extraordinary termination without giving any notice. Any remaining usage period and/or film views in the Customer’s credit will then be forfeited without compensation.
§ 10 Customer service
In the event of any questions, objections or complaints, the Customer can contact us from Monday to Friday between 9:00 am and 4:30 pm on the telephone number 0031-(0)681 309 418 or by email at firstname.lastname@example.org.
§ 11 Applicable law, place of jurisdiction
- German law applies to the exclusion of the UN Sales Convention (CISG). In the case of customers who conclude the contract for purposes that predominantly are outside their trade, business or profession (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer’s habitual residence is located.
- The European Commission provides a platform for online dispute resolution (ODR). This can be accessed via the following link: https://ec.europa.eu/consumers/odr/ We are not willing or obliged to participate in dispute resolution proceedings before the consumer arbitration board.
§ 12 Assignment of rights to third parties
FS Cars is entitled to suspend the streaming service at any time or to assign all rights and obligations under the user contract with the Customer to a third party without the Customer’s consent. FS Cars shall inform the Customer of this one month in advance. In this case, both FS Cars and the Customer are granted an extraordinary right of termination. Any usage period and/or views to the Customer’s credit that are remaining on the date on which notice of extraordinary termination is given will be compensated.
§ 13 Other provisions
- The languages of the contract are German and English.
If one or more of the provisions of these T&C is invalid, the remainder of the contract will remain valid. As far as provisions are invalid, the content of the contract shall be governed by applicable legal provisions