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Terms and Conditions

1. Area of Validity

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contracting Partner, Customer Service

The purchase contract is concluded with medienkraftwerk GmbH. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order. When the contract with us is concluded depends on the method of payment chosen by you: PayPal During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers. We do not deliver to packing stations.

5. Payment

The following payment methods are available to you in our shop:

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

6. retention of title

The goods remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damages

For consumers applies: If goods with obvious transport damages are delivered, then you complain such errors please as soon as possible with the deliverer and take up please immediately contact to us. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. With regard to entrepreneurs, only our own details and the manufacturer’s product descriptions included in the contract shall be deemed to be the agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery). The aforementioned restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of death, personal injury or damage to health in the event of wilful or grossly negligent breach of duty as well as fraudulent intent in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise to the extent that the scope of application of the Product Liability Act has been opened up as agreed.Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation for injury to life, body or health, for intentional or grossly negligent breach of duty, for promises of guarantee, insofar as agreed or insofar as the scope of application of the Product Liability Act is opened.In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.

11. Final provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

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