Terms of Service

Status: January 2019

§ 1 Scope and Contractual Partner

(1) Contracts are concluded exclusively on the basis of these general terms and conditions in the version available on the Internet at the time of the order.

(2) They come about between the customer (hereinafter: client) and Magentur Gesellschaft für Kommunikation und Medien mbH (hereinafter: contractor).

§ 2 Registration

(1) Orders require the customer to register electronically. This must be done using the registration form available on the contractor's website. The data required for registration must be provided completely and truthfully by the client.

(2) Only persons with unlimited legal capacity are authorized to place orders. The contractor can request a copy of the identity card from the client.

§ 3 conclusion of contract

The illustration or description of goods and services on the contractor's website does not yet constitute a binding offer. A binding offer (§ 145 BGB) is only the order of the goods or services by the client. The contract is accepted and the contract is concluded by means of a written, telex or email order confirmation from the contractor.

§ 4 delivery; shipping

Unless otherwise agreed, the contractor delivers to the delivery address specified by the client.

§ 5 prices; Shipping

(1) Orders are executed at the price valid on the day the order was received. All prices are in euros and include statutory sales taxes. Shipping costs are not included; these are borne by the client. Any shipping costs are listed in the description of the goods or services and are shown by the contractor on the invoice.

(2) traps such as B. when shipping to countries outside the EU, customs duties, these are borne by the client.

§ 6 retention of title

The delivered goods remain the property of the contractor until they have been paid for in full.

§ 7 payment

(1) The purchase price / remuneration is due for payment upon conclusion of the contract (§ 3).

(2) Payment is made at the customer's option using one of the payment methods displayed during the ordering process.

§ 8 RIGHT OF WITHDRAWAL

The client, who is a consumer, has a right of withdrawal, unless goods are to be delivered,

- which are made according to the client's specifications or tailored to his personal needs,

- Which are unsuitable for return due to their nature, can spoil quickly or whose expiration date would be exceeded.

There is also no right of withdrawal if newspapers, magazines and magazines are to be delivered.

In the event of a cancellation, the customer has to bear the costs of returning the goods if the goods delivered correspond to the goods ordered and the price of the goods to be returned does not exceed an amount of 40 euros. This also applies if the customer has not yet made the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation. Otherwise the return is free of charge for the client. For the requirements and legal consequences of the right of withdrawal, reference is made to the cancellation policy in the appendix.

§ 9 offsetting; Retention

The client may only offset claims that have been legally established or are undisputed. He is only entitled to exercise a right of retention if his due counterclaim is based on the same contractual relationship.

§ 10 Complaints / Warranties

(1) If the service or the delivered goods are defective, the statutory warranty provisions apply, subject to Section 11.

(2) Obvious defects must be reported in writing within a period of two weeks from receipt of the goods. Otherwise the assertion of warranty claims is excluded.

(3) Deliveries (including data carriers, transferred data) by the client or by a third party engaged by him are not subject to any inspection obligation on the part of the contractor. This does not apply to data that are obviously unprocessable or unreadable. In the case of data transmissions, the client must use the latest technical protection programs for computer viruses before they are sent. The data backup is the sole responsibility of the client. The contractor is entitled to make a copy.

§ 11 liability

(1) The contractor is liable

- for culpable harm to life, body or health and

- for other damage caused intentionally or through gross negligence,

even if the breach of duty is due to the culpable behavior of a legal contract

eters or a vicarious agent.

(2) The contractor is also liable

- in the event of a slightly negligent breach of essential contractual obligations, also by his legal representatives or vicarious agents. Essential contractual obligations are those, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and which the client can rely on compliance with. Liability in this respect is limited to the type of product foreseeable, contract-typical damage.

(3) The contractor is ultimately liable

- in the case of fraudulently concealed defects and assumed guarantee for the quality of the goods as well as

- for claims from the Product Liability Act.

(4) Otherwise, the contractor's liability is excluded. This also applies to liability for constant and uninterrupted availability of the online sales system; Even with the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times.

§ 12 Limitation

(1) Claims of the client for warranty expire subject to §§ 444, 639 BGB in two years, starting with the delivery of the goods. Claims for damages due to defects become statute-barred after one year, beginning with the delivery of the goods, unless they give rise to liability according to § 11 Paragraph 1 to 3. Claims falling under § 11 Paragraph 1 to 3 are subject to the statutory limitation period.

(2) Other claims for damages become statute-barred after two years. The start of the limitation period is based on the statutory provisions.

§ 13 data transfer; Archiving

(1) Data, data carriers and similar materials transmitted to the contractor to carry out the order will not be returned, but will be destroyed after the contract has been fulfilled, unless the client agrees to archive them with the contractor in accordance with Paragraph 2 or expressly wishes to return them. In this case, the cost of the return shall be borne by the client.

(2) The transmitted data, data carriers and similar materials will only be archived by the contractor after express agreement and against special remuneration beyond the point in time of the handover of the end product to the client or his vicarious agents. If the aforementioned materials are to be insured, the client has to take care of this himself in the absence of an agreement.

§ 14 Industrial property rights / copyrights

The client is solely liable if the execution of his order violates the rights of third parties, in particular copyrights, trademarks or patent rights and the like. In such cases, the client shall indemnify the contractor from all claims by third parties due to such legal violations.

§ 15 data protection

(1) All personal data provided by the client (title, name, address, date of birth, email address, telephone number, bank details, credit card number) will be collected, processed and stored by the contractor exclusively in accordance with the provisions of German data protection law.

(2) The personal data of the client, which are necessary for the establishment, content or modification of the contractual relationship, are collected and used exclusively for the processing of the contracts concluded with the contractor - for example for the delivery of goods to the address given by the client. det and may be used for further maintenance of the customer relationship, provided the client does not object. In addition, personal data of the client that is required to enable the use of the contractor's offers and billing is collected and used. The latter include, in particular, the characteristics for identification as a user, information about the beginning and end as well as the scope of the respective use and information about the telemedia used by the client.

§ 16 Applicable Law; Place of jurisdiction; Final provision

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. Mandatory provisions of the country in which the client has his usual place of residence remain unaffected.

(2) If the client is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is the contractor's headquarters in Berlin. The court at the contractor's company headquarters is also competent if the client is a consumer and has moved his domicile or usual place of residence abroad after conclusion of the contract or if the place of residence or usual place of residence is not known at the time the action is brought. In addition, the statutory provisions apply.

(3) Should individual provisions of these general terms and conditions be ineffective, the ni

the validity of the rest of the contract.

———————— Appendix I ————————

Customer information and cancellation policy

If you order goods on our homepage, we would like to point out the following:

(1) The language available for the conclusion of the contract is exclusively German.

(2) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions on our website.

(3) The presentation of our goods does not constitute a binding offer. Only when you order goods is a binding offer in accordance with Section 145 of the German Civil Code (BGB). The receipt of your order is automatically confirmed by email. If your offer is accepted, we will send you an order confirmation in writing, by telex or by email. This creates the contract between you and us.

(4) You can recognize any input errors when submitting your order in the final confirmation before the checkout and correct them at any time with the help of the delete and change function before sending the order.

(5) The prices quoted by us are final prices including taxes. The shipping costs to be borne by you, which are listed in the description of the goods or services, are not included. Section 5 of the General Terms and Conditions contains detailed information.

(6) The purchase price / remuneration is due upon conclusion of the contract. The payment of the goods takes place according to your choice using one of the payment methods displayed during the ordering process.

(7) In the event that you are a consumer, you have a right of withdrawal:

RIGHT OF CANCELLATION

You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB as well as our obligations according to § 312E Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
MAGENTUR - Society for Communication and Media mbH // Schützenstr. 18 // 10117 Berlin

The right of revocation does not exist if the contractor has to deliver goods that are manufactured according to the customer's specifications or tailored to his personal needs or goods are to be delivered that are unsuitable for return due to their nature, can spoil quickly or have exceeded their expiration date would. There is also no right of withdrawal if newspapers, magazines and magazines are to be delivered.

REVOCATION

In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from anything that could impair its value.

Transportable items are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if they have not yet received the consideration at the time of the cancellation or if the price of the goods is higher have made a contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation or the goods, for us with their receipt.

END OF REVOCATION

(8) The data required to process the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the data protection regulation in our terms and conditions.

(9) We also refer to our general terms and conditions.

———————— Annex II ————————

DATA PROTECTION

Below infor

we inform you in detail about the handling of your data. Data protection and the protection of your privacy are particularly important to us. That is why we collect, process and save your personal data exclusively in accordance with the provisions of German data protection law. We only collect and use your personal data, which we need for the establishment, content or modification of the contractual relationship, to process the contracts concluded with you; We also use this for advertising by post, unless you object.

Finally, we use and collect personal data that is necessary to enable you to use our offers and to bill you. The latter include, in particular, the characteristics for your identification as a user, information about the beginning, end and scope of the respective use as well as information about the telemedia you have used.

If you have any questions about the collection, processing or use of your personal data, information, corrections or if you object or revoke your consent, please contact:

MAGENTUR - Gesellschaft für Kommunikation und Medien mbH // Wilhelm-Kabus-Str. 21-35 // 10829 Berlin