(Version: September 2022)
B. Buying of Film Material, Vouchers and other Products
C. Purchasing of SILBERSALZ CINELAB Services
D. Withdrawal rights of consumers
E. Spreading the message – if you allow us to use your photos.
The most important things in advance:
Scope, contracting parties
These General Terms and Conditions (the “Terms”) apply between the customer (“customer”, “you”) and SILBERSALZ CINELAB, Goerzallee 311, 14167 Berlin, Germany (“SILBERSALZ35”, “we”, “us”) in relation to the purchase of products and the use of development and scanning services. These Terms shall also apply for any vouchers you purchase from our authorised resellers.
No other terms shall apply. We reserve the right to change or amend these Terms from time to time.
We enter into English language contracts only. The text of the contract is not stored separately by us. The order details are made available to you in our e-mail confirmation. The latest version of these General Terms and Conditions can be accessed and downloaded from our website https://www.silbersalz35.com.
Orders, contract formation
Offers shown on our website or in our online shop relating to SILBERSALZ35 products and services are subject to change and non-binding. The presentation of the products and services on our website and our online shop does not constitute a legally binding offer.
If you have select products (including vouchers) for placement in your electronic shopping cart, the relevant products are shown in your cart. Before sending your order, you may make changes to the content of your shopping cart. After selecting “checkout”, the entry of your personal data and the selection of your payment and shipping option, you have the opportunity to review your order.
By clicking the “Buy now” button and completing the payment process, you place a binding order for the products or services in the shopping cart. We confirm the receipt of your order automatically by e-mail. Either together with the confirmation of receipt of your order, or by a separate e-mail we confirm the acceptance of your order and will send the invoice. With our e-mail confirmation, the purchase contract for products and/or services is concluded. Changes and cancellations can no longer be accepted at this point. If you are a consumer your statutory right of withdrawal remains unaffected.
By sending us photographic or motion picture material (“Material”), you place a binding order for development and scanning services that can be accept by us through a confirmation by e-mail.
We reserve the right to reject any orders at our sole discretion. In particular, we reserve the right to reject an order or to cancel an order if the order is being placed by the use of software, robot, crawler, spider or any automated system or scripted behaviour and any use of third-party services used to place an order on your behalf.
Copyright, third-party consents, non-violation of laws
By sending us Material for development and scanning, you guarantee that you have the right to have processed and copied any such material by us. In particular, you guarantee that you are the owner of all rights and/or that you have obtained the required and valid consent from any other copyright and trademark holders and any other persons having any rights in the Material you provide to us. We cannot and do not check whether your Material is free of any third-party rights.
By sending us Material for development and scanning, you guarantee that all such Material and the content of such Material does not infringe any third-party rights and does not violate any applicable laws. In particular, your guarantee that you do not make available to us
You shall indemnify us for any third-party claims, demands, liabilities, losses, damages and costs whether for breach of copyright, breach of law or otherwise howsoever arising from the use, handling, development or return of the Material supplied by you.
Pricing, shipping cost and express deliveryThe prices for the delivery of goods and the provision of services are applicable as published on our website. All our prices are in Euros (EUR), unless otherwise expressly indicated. For motion picture development and scanning we provide individual offers upon request. Unless otherwise indicated, the stated prices are final prices including German value added tax at the applicable statutory rate.
Shipping costs are indicated when you place your order and may depend on the shipping country selected by you. For motion picture development and scanning we provide individual offers for shipping cost upon request.
In principle, we deliver worldwide subject to import and export control restrictions and any other applicable laws; the available countries and the applicable shipping costs can be selected during the ordering and checkout out process.
For delivery to countries outside the EU specific taxes and custom duties might apply, which will be charged in addition to the prices indicated.
Payment
We accept the following payment methods: direct payment by bank transfer, payment through PayPal, or credit card/PayPal Plus. Not all payment methods might be available for all countries or at all times. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods. You are responsible for any costs associated with all payment transactions.
In the case of credit card purchases, your card will be charged when we accept your order or when we ship your order.
If payment is not made due to circumstances for which you are responsible, we may charge any additional cost incurred at cost.
You consent to receiving invoices and credit notes solely in electronic form.
Delivery
The delivery of goods and services will be made in accordance with the information provided in connection with the relevant order.
Warranties
The applicable statutory warranties under the governing law shall apply.
Retention of title
We reserve all title and interest in goods sold by us until full payment.
Right of retention
We reserve the right of retention regarding the delivery of products and services until full payment of all charges and costs.
E-mail communication; no encryption
For using our services, you need to provide a valid e-mail address. You guarantee that you are authorized to use the e-mail address provided by you. You are responsible for maintaining such e-mail address and for checking your spam folder regularly.
For providing our services, we will communicate with you by using your e-mail address. We will use secure connections to our own servers. However, e-mail communication will be unencrypted. You are aware that any such communication will be transmitted through the public internet and might be accessible by third parties. We do not assume any responsibility or liability for the security of transmission of e-mails or any interference by third parties.
Limitation of Liability; no insurance
SILBERSALZ35’s exclusive liability for loss of or damage it causes to Material (whether or not developed and/or scanned) sent for the provision of services, is limited to refund of the usual charges of the relevant film packs (as covered by our Services) and their replacement with an equal amount of unexposed Material. While in transit to or from SILBERSALZ35, customer shall bear all risk of loss or damage to all Material.
If the customer believes that its Material has or will have any value that exceeds the cost of unexposed film, then it is solely customer’s responsibility to obtain relevant insurance from an outside vendor. SILBERSALZ35 does not provide any insurance of any kind covering the Material delivered to SILBERSALZ35 or any Material returned to the customer.
Subject to the above, SILBERSALZ35 shall be liable for damage caused by intentional or grossly negligent conduct of SILBERSALZ35, a representative or vicarious agent in accordance with the governing law. Apart from this, SILBERSALZ35 shall only be liable to the customer in accordance with the Product Liability Act, on the basis of a guarantee assumed, on the basis of claims under data protection law as well as on account of injury to life, body or health or on account of the culpable breach of cardinal obligations (essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely). In the event of a breach of cardinal obligations, the customer’s claim for damages shall be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases mentioned in sentences 1 and 2 of this paragraph applies at the same time.
No alternative Dispute Resolution
We are neither obligated nor willing to participate in a dispute settlement procedure at a consumer arbitration board. For further information on alternative dispute settlement please see this link to the platform of the European Commission according to Regulation on consumer Online Dispute Resolution.
Miscellaneous
You shall not license, sub-license, sell or resell, distribute or otherwise make any of our services available to third parties.
You shall not assign, transfer, charge or otherwise deal with any of your rights under any order or these Terms, nor grant, declare, create or dispose of any right or interest in them, without our prior written consent.
SILBERSALZ35 shall be entitled to transfer any order or contract hereunder to a third party that assumes all or part of the assets related to the business related to the marketing of film products and/or the development and scanning of films.
Together with any other written agreement and/or the electronic acceptance of an order by us, these Terms represent the entire agreement and understanding between the parties in connection with the relevant order.
These Terms and any order are subject to the laws of the Federal Republic of Germany, excluding its conflicts of laws and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence shall remain unaffected. Such choice shall not deprive any consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
Unless you are a consumer, exclusive place of jurisdiction for all disputes shall be the seat of SILBERSALZ35.
If a provision of these Terms is held to be or becomes invalid or unenforceable in any respect, the remainder of the Terms shall remain unaffected.
Purchasing of film material and other products
We sell film material and other products on the basis of the specifications set out on our website. We are not responsible for any defects or damages caused by inappropriate handling or storage of the products by you. For storage of film material you should comply with the manufacturer’s instructions.
Purchasing of vouchers and their redemption
You can purchase from us, or through authorised third parties (for authorised resellers see https://www.silbersalz35.com/stores), vouchers for development and scanning services. The vouchers may only be redeemed for relevant services provided by us.
The vouchers will be valid for 1 year after the purchasing date. If you have purchased the voucher through an authorized third party, we reserve the right to request the provision of a copy of the original purchase receipt or invoice indicating the place and date of the purchase.
Vouchers can only be redeemed by sending the voucher to us together with the photographic material for development and scanning. Please check that you send us the correct number of vouchers; excess vouchers will not be returned or credited.
Vouchers are not transferrable and can only be used once.
The value of the voucher will not be paid out in cash and will not accrue any interest.
We are entitled to reject any voucher that is damaged, corrupt or unreadable.
Use of promotional and other vouchers
We reserve the right to issue promotional vouchers in connection with specific campaigns or on specific occasions, which cannot be purchased. However, the provisions for purchased vouchers shall apply accordingly to such vouchers.
Purchasing of optional services (quality upgrade, return of Material, return of negatives)
You may directly buy additional services from our website via an individual link provided to you after development and scanning of your Material. This includes the purchasing of the following services:
Such services are only available after development and scanning of the Material submitted to us and will be offered through an individual e-mail notification with a link to the relevant offer.
Development and Scanning Orders
By sending us photographic or motion picture Material, you place a binding order for development and scanning services that can be accept by us through a confirmation by e-mail. By sending us the Material you also agree that we open, process and scan the Material upon receipt even before have confirmed your order. Upon receipt of the Material, we will as soon as reasonably possible confirm such receipt by the e-mail address you submitted together with your Material.
Redemption of Vouchers
We will only accept your order to provide development and scanning services in accordance with these Terms against provision of a valid and original voucher purchased from us directly or through an authorized reseller (https://www.silbersalz35.com/stores). The voucher is either submitted by you together with the Material or purchased online after receiving our e-mail confirming the receipt of your Material.
Packaging and provision of e-mail address
The Material supplied by you must be packed safely to avoid exposure to light or any other damages. All packages must be marked with your full name, your postal address and your e-mail address. If this information is not made available or not readable, we will not be able to provide our services or allocate the Material to you or to any order you place.
In case you have not submitted a valid e-mail address, we are not obliged to investigate your identity and contact details or contact you by post or other means. In case of any reasonable doubt about your identity or your contact details, we reserve the right to require additional information for identifying you or correcting your contact details. Should we do so, we are entitled to charge a separate handling fee in accordance with our the current price list. We will invoice any such costs to you by e-mail. We shall have the right to withhold our services and any Material submitted to us (as developed or scanned), until full prior payment of such costs.
If we cannot allocate Material received by us to a specific person, we reserve the right to scrap any such material 50 days after its receipt in accordance with these Terms.
Taxes, customs duties and other costs
If you send us Material from outside the EU/EEA, we may charge you for any taxes, customs duties payable and other costs we incur in connection with accepting your Material, in particular in connection with the retrieval of your Material from customs, the payment of customs duties, or costs due to any incorrect declaration by you. Should we do so, we are entitled to charge a separate handling fee in accordance with our then current price list. We will invoice any such costs to you by e-mail. We have the right not to accept or to reject any such deliveries at our sole discretion. We also reserve the right to reject any associated order until full advance payment of any such costs. We shall have the right to withhold our services and any Material submitted to us (as developed or scanned), until full prior payment of such costs.
Photographic material covered by our services
We exclusively process certain film formats and cartridges of selected suppliers. We are intending to extend the supported formats and suppliers on a continues basis. The list of third party/C-41 films that are currently developed and scanned by us, is available under https://www.silbersalz35.com/faq/do-you-process-third-party-c-41-films/. Before sending us any Material, make sure that you have checked that your Material is covered by our services. We may, at our sole discretion, develop and scan also other products that are not or not yet covered by the above list. If we do so, these Terms will apply accordingly. However, we do not warrant or guarantee any specific quality if we develop non-covered Material and do not assume any liability for the results of the development and scanning of such Material.
Return of non-covered, expired or damaged Material
If we receive Material that is not covered by our services, that has expired, is soiled or damaged, we will endeavour to inform you by e-mail and offer you to purchase our optional Material return services within 50 days as from receipt. If any Material has been developed and/or scanned despite being not covered by our services, or despite having expired, or being soiled or damaged, any such Material may be handled by us as normal material. Unless you purchase the applicable return services, we will not return the Material. We will store the Material for the duration of 50 days of its receipt. If we do not receive any order for return services by you within such 50-day-period, the Material will be scrapped in accordance with these Terms. If you order and pay the return services, we will return any such Material “as is” and without any warranty and liability.
Examination of Material
We have the right without any further notice to you to inspect and examine all Material we receive at any stage of the development and scanning process to verify that the results and quality of the development and scans confirm with our standards. Your Material will be individually reviewed by our service personnel or by third parties on our behalf as colour and other adjustments are determined manually. If we discover any unlawful content or content that violates our Terms, we reserve the right to immediately terminate our services and to return, handle or scrap any such material in accordance with applicable laws.
Development and scanning; disclaimer of special warranties
We develop and scan your Material in accordance these Terms applying industry standards. Colour and other adjustments are determined manually at our professional discretion, and scanning results may vary accordingly. Any such variations or adjustments within industry standards do not represent a defect and do not entitle you to claims for defects.
Except as expressly provided in these Terms all services are provided “as is” with no special warranty whatsoever. All express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed to the fullest extent permitted by law.
Delivery of scan by download link
We deliver the scans, subject to full payment by voucher or otherwise, via an individual download link provided by unencrypted e-mail to the e-mail address that you have submitted to us. The link is for your personal use only and not for distribution of your scans to third partis or the public. Please be aware that if you provide the link to third parties, such third parties may use and forward the link and the scans may then be accessed by third parties.
We make available the scans in standard electronic formats as indicated on our website or in our shop (such as JPG and/or JP2 file) with the resolution and quality purchased by you.
After downloading the files, you are responsible to make any back-up deemed necessary or useful by you. After download of the files and expiry of the download period (depending on the option chosen by you 30 days or 3 months after delivery of the download link), we have no responsibility or liability for storing the files or providing any back-up.
Use of cloud services for sharing of scans
You agree to the digital delivery of scanned imagery and their storage by us using the third-party services of PicDrop GmbH, Am Treptower Park 28 – 30, 12435 Berlin, Germany (“PicDrop”) and Dropbox International Unlimited Company, One Park Place, Floor 5, Upper Hatch Street, Dublin 2, Ireland (“Dropbox”).
We have entered into data processing agreements with such cloud service providers with storage locations within the European Union.
Terms and conditions of such suppliers and their privacy policies can be found here:
PicDrop:
https://www.picdrop.com/web/de/agb
https://www.picdrop.com/web/de/privacy
Dropbox:
https://www.dropbox.com/business_agreement
https://www.dropbox.com/de/privacy
Please note that the cloud services providers may collect certain information when you use their services and download your scans from their websites. For details, please see the privacy and cookie policies of the relevant services providers set out above.
Availability of cloud storage
We make the cloud storage of the scans available during the download period “as is” with an availability of 95% on an annual average.
Availability of scans; storage after download period
We will make available the scanned Material electronically via a download-link through the above-mentioned third-party storage service provider. You may choose between different qualities as set out below. We will produce and store the scans for both options. However, you may select and purchase either option at your discretion.
The scanning options are:
After a 3-month-period, we will archive the FULL QUALITY 14k scans of the negatives in our long-term storage space at Dropbox for up to 3 years. The storage is provided by us free-of-charge and on an “as-is” basis. We do not assume any warranty or liability regarding the storage of the scans during such 3-year-period or that your scan can be retrieved. We may at any time end any such storage without any further notice. You have the option to request a copy of your scans (as available) for a retrieval fee of EUR 100.00 per film, which is payable in case we confirm the availability of your scans. You may request the deletion of your scans at any time, which will be performed by us free-of-charge.
After the 3-year-period we will delete the copy of your scans by the next regular deletion cycle. Before doing so, we shall not be obliged but may send you a reminder e-mail that you may order our retrieval services.
Data security
We use data security and back-up services that are based on industry standards. However, we recommend that you use your own back-up for any data downloaded to your device.
Return of negatives
We will store the original negatives from the development for the duration of 50 days after receipt of the Material by us. You agree that we may delete your negatives after such 50 day-period, unless you purchase the optional negative return services. If you do not purchase the return services within such 50-day-period, the negatives will be scrapped in accordance with these Terms. If you purchase the return services, we will return any such Material “as is” and without any warranty and liability.
Complaints regarding returned Material
You must examine the returned materials immediately after receipt from SILBERSALZ35. Complaints must be made in written from and sent within 30 days from your receipt of the returned Material (including any negatives) with detailed explanation of any damages or issues, and SILBERSALZ35 shall have no legal liability for any complaint made after such period.
Scrapping of Material
Unless you purchase our optional negative return services during the applicable return period, we will scrap or have scrapped the Material (including any negatives) as soon as reasonably possible after the expiry of the return period. The material will be safely destroyed in accordance with adequate standards on our behalf by a certified scrapping provider.
1. Right of withdrawal of consumers for purchasing of film material, vouchers and other products
If you are a consumer, you have the right to withdraw from contracts regarding the purchasing of film material, vouchers and other products within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (SILBERSALZ CINELAB, Goerzallee 311, 14167 Berlin, Germany, service@silbersalz35.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
— To SILBERSALZ CINELAB, Goerzallee 311, 14167 Berlin, Germany, service@silbersalz35.com:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
End of notice
2. Right of withdrawal for SILBERSALZ35 development, scanning and other services for consumers
If you are a consumer, you have the right to withdraw from contracts regarding development, scanning and other services within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (SILBERSALZ CINELAB, Goerzallee 311, 14167 Berlin, Germany, service@silbersalz35.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
— To SILBERSALZ CINELAB, Goerzallee 311, 14167 Berlin, Germany, service@silbersalz35.com:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
End of notice
We love analog. Please help us to spread our message and allow us to publish your awesome photo on our channels, including social media and websites or our partners. These are the terms: