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General terms and conditions of business

Contracting party

On the basis of these General Terms and Conditions (GTC), a contract between the client and kasaan media

Represented by Marinella van ten Haarlen

Address: Calle Corales 34800 Puerto de la Cruz

E-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.

In the case of a contract of sale: on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.

In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: at which you or a third party, other than a carrier and designated by you, took or has taken possession of the last goods.

In the case of a contract for the delivery of goods in several instalments or pieces: where you or a third party, other than a carrier and designated by you, have taken possession of the last instalment or piece.

In the case of a contract for the regular supply of goods over a fixed period: on the date on which you or a third party, other than a carrier and designated by you, took or has taken possession of the first goods.

When several alternatives meet, the last point in time is decisive.

In order to exercise your right of withdrawal, you must inform us (kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it.) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it. without delay and in any case within fourteen days at the latest from the day you inform us of the cancellation of this agreement. The deadline is met if you send the goods before the end of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

End of the cancellation policy

Language, jurisdiction and applicable law

The contract shall be drawn up in German. The further implementation of the contractual relationship will take place in

German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this only applies insofar as no legal provisions of the state in which the customer has his residence or usual place of abode are restricted by this.

The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

Data protection

In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This is done within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties, unless the provider would be legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing operations, the

regulations of the Federal Data Protection Act are observed. The data provided by the customer by way of the order will be processed exclusively for the purpose of establishing contact within the framework of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that will deliver the goods as ordered, if necessary. The payment data will be passed on to the credit institution commissioned with the payment. As far as storage times of commercial or tax law nature meet the provider, the storage of some data can last up to ten years. During the visit to the provider's Internet shop, anonymised data, which do not allow any conclusions to be drawn about personal data and are not intended to, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. A free information about all personal data of the customer is possible. For questions and requests for the deletion, correction or blocking of personal data, as well as the collection, processing and use of personal data, the customer can contact the following address: kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it..

Code of Conduct

We have submitted to the following code of conduct: Privacy Policy. The Code of Conduct is available electronically at the following URL: http://de.thekasaantimes.de/datenschutz-2/

Severability clause

The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Downloadshop AGBs extra

GENERAL TERMS AND CONDITIONS (ONLINE SHOP FOR DOWNLOADS)

  • 1 Scope and provider

(1) These general terms and conditions apply to all orders placed with the online shop of kasaan media Calle Corales

34800 Puerto de la Cruz

Tenerife

E

Managing director: Marinella van ten Haarlen.

  • The range of goods in our online shop is exclusively intended for buyers who have reached the age of 18.
  • Our deliveries, services and offers are made exclusively on the

Basis of these general terms and conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

  • Contract language is exclusively German.
  • You can read, retrieve and print out the currently valid General Terms and Conditions on the website above this text.
  • 2 Conclusion of contract
  • The presentation of goods in the online shop does not represent a binding request for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
  • By clicking on the button ["Order now subject to payment"/ "Buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
  • The contract only comes into effect when the content is activated or a link is provided.
  • Article 3 Prices

The prices stated on the product pages include the statutory value added tax and other price components.

  • 4 Terms of payment; default
  • The payment can be made optionally perPaypal
  • The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only advance payment to cover our credit risk.
  • When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account is made at the time we ship the goods to you.
  • When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards.
  • When paying by direct debit, you may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account data. (6) If you fall behind with a payment, you are obliged to pay the legal default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent after

If the goods are dispatched to you in delay, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damages are proven in individual cases.

  • 5 Offsetting / Right of retention
  • You are only entitled to offsetting if your

counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

  • You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
  • Section 6 Delivery
  • Unless otherwise agreed, the delivery of the goods takes place by providing a link. This can be activated by you and starts the download to the storage medium you have selected.
  • It is the customer's responsibility to provide suitable software that enables the files and contents to be opened, edited and printed out properly.
  • 7 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party, other than the carrier and designated by you, took or has taken possession of the goods.

To exercise your right of withdrawal, you must

Company: kasaan media

Address: Calle Corales

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

by means of a clear statement (e.g. a letter or e-mail sent by post) about your

Decision to revoke this contract,

inform. You can use the attached model revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to the customer 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 end of the fourteen-day period.

You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

End of the cancellation policy

(1) The right of revocation does not apply to

  • Delivery of goods which are not prefabricated and which are not

manufacture an individual selection or determination by the

or which are clearly attributable to the personal circumstances of the consumer

are tailored to the needs of the consumer, or

  • in case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

(2) A right of revocation expires according to § 356 (5) BGB in the case of a contract for the delivery of digital content not contained on a physical data carrier if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur will start to execute the contract before the end of the revocation period and has confirmed that he is aware that he will lose his right of revocation through his agreement when the execution of the contract starts.

  • 9 Warranty
  • Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 et seq. BGB).
  • If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims for damages arising from

injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

  • In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
  • If you are an entrepreneur in the sense of § 14 BGB, the legal regulations apply with the following modifications:

- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

 You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch suffices to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.

 In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.

If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.

The warranty period is one year from delivery of the goods.

  • Article 10 Liability
  • Unlimited liability: We are liable without limitation for intent and gross negligence

negligence as well as in accordance with the product liability law. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.

  • The following limited liability shall apply in other respects: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, with whose

formation must typically be calculated. This

Limitation of liability also applies in favour of our vicarious agents.

  • 11 Copyright and rights of use
  • All digital contents provided by the seller are protected by copyright.
  • The customer acquires a simple, non-transferable, non-time-limited

Right of use exclusively for non-commercial use. The customer shall not be granted any rights of exploitation. In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right to

Reproduction (§ 16 UrhG) is limited to acts of reproduction that serve exclusively for personal use.

  • The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
  • The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
  • The Seller is entitled to personalize digital content made available for download with visible and invisible markings individually in order to enable the investigation and legal prosecution of the original purchaser in case of misuse.
  • In the event of unauthorised use of the digital content by the buyer or a third party, the buyer undertakes to pay a contractual penalty per infringement, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
  • Section 12 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We shall endeavour to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you the opportunity to participate in such a procedure.

  • Article 13 Final provisions
  • Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
  • German law is exclusively applicable to contracts between you and us, excluding the provisions of the United Nations

Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.

  • Are you a merchant, a legal person under public law or a public law entity

special assets, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: October 2018

Copyright: HÄRTING Lawyers, www.haerting.de, This email address is being protected from spambots. You need JavaScript enabled to view it.

Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

Contracting party

On the basis of these General Terms and Conditions (GTC), a contract between the client and kasaan media

Represented by Marinella van ten Haarlen

Address: Calle Corales 34800 Puerto de la Cruz

E-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.

In the case of a contract of sale: on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.

In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: at which you or a third party, other than a carrier and designated by you, took or has taken possession of the last goods.

In the case of a contract for the delivery of goods in several instalments or pieces: where you or a third party, other than a carrier and designated by you, have taken possession of the last instalment or piece.

In the case of a contract for the regular supply of goods over a fixed period: on the date on which you or a third party, other than a carrier and designated by you, took or has taken possession of the first goods.

When several alternatives meet, the last point in time is decisive.

In order to exercise your right of withdrawal, you must inform us (kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it.) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it. without delay and in any case within fourteen days at the latest from the day you inform us of the cancellation of this agreement. The deadline is met if you send the goods before the end of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

End of the cancellation policy

Language, jurisdiction and applicable law

The contract shall be drawn up in German. The further implementation of the contractual relationship will take place in

German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this only applies insofar as no legal provisions of the state in which the customer has his residence or usual place of abode are restricted by this.

The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

Data protection

In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This is done within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties, unless the provider would be legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing operations, the

regulations of the Federal Data Protection Act are observed. The data provided by the customer by way of the order will be processed exclusively for the purpose of establishing contact within the framework of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that will deliver the goods as ordered, if necessary. The payment data will be passed on to the credit institution commissioned with the payment. As far as storage times of commercial or tax law nature meet the provider, the storage of some data can last up to ten years. During the visit to the provider's Internet shop, anonymised data, which do not allow any conclusions to be drawn about personal data and are not intended to, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. A free information about all personal data of the customer is possible. For questions and requests for the deletion, correction or blocking of personal data, as well as the collection, processing and use of personal data, the customer can contact the following address: kasaan media, Marinella van ten Haarlen, Calle Corales 34800 Puerto de la Cruz This email address is being protected from spambots. You need JavaScript enabled to view it..

Code of Conduct

We have submitted to the following code of conduct: Privacy Policy. The Code of Conduct is available electronically at the following URL: http://de.thekasaantimes.de/datenschutz-2/

Severability clause

The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Downloadshop AGBs extra

GENERAL TERMS AND CONDITIONS (ONLINE SHOP FOR DOWNLOADS)

  • 1 Scope and provider

(1) These general terms and conditions apply to all orders placed with the online shop of kasaan media Calle Corales

34800 Puerto de la Cruz

Tenerife

E

Managing director: Marinella van ten Haarlen.

  • The range of goods in our online shop is exclusively intended for buyers who have reached the age of 18.
  • Our deliveries, services and offers are made exclusively on the

Basis of these general terms and conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

  • Contract language is exclusively German.
  • You can read, retrieve and print out the currently valid General Terms and Conditions on the website above this text.
  • 2 Conclusion of contract
  • The presentation of goods in the online shop does not represent a binding request for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
  • By clicking on the button ["Order now subject to payment"/ "Buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
  • The contract only comes into effect when the content is activated or a link is provided.
  • Article 3 Prices

The prices stated on the product pages include the statutory value added tax and other price components.

  • 4 Terms of payment; default
  • The payment can be made optionally perPaypal
  • The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only advance payment to cover our credit risk.
  • When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account is made at the time we ship the goods to you.
  • When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards.
  • When paying by direct debit, you may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account data. (6) If you fall behind with a payment, you are obliged to pay the legal default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent after

If the goods are dispatched to you in delay, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damages are proven in individual cases.

  • 5 Offsetting / Right of retention
  • You are only entitled to offsetting if your

counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

  • You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
  • Section 6 Delivery
  • Unless otherwise agreed, the delivery of the goods takes place by providing a link. This can be activated by you and starts the download to the storage medium you have selected.
  • It is the customer's responsibility to provide suitable software that enables the files and contents to be opened, edited and printed out properly.
  • 7 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party, other than the carrier and designated by you, took or has taken possession of the goods.

To exercise your right of withdrawal, you must

Company: kasaan media

Address: Calle Corales

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

by means of a clear statement (e.g. a letter or e-mail sent by post) about your

Decision to revoke this contract,

inform. You can use the attached model revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to the customer 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 end of the fourteen-day period.

You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

End of the cancellation policy

(1) The right of revocation does not apply to

  • Delivery of goods which are not prefabricated and which are not

manufacture an individual selection or determination by the

or which are clearly attributable to the personal circumstances of the consumer

are tailored to the needs of the consumer, or

  • in case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

(2) A right of revocation expires according to § 356 (5) BGB in the case of a contract for the delivery of digital content not contained on a physical data carrier if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur will start to execute the contract before the end of the revocation period and has confirmed that he is aware that he will lose his right of revocation through his agreement when the execution of the contract starts.

  • 9 Warranty
  • Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 et seq. BGB).
  • If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims for damages arising from

injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

  • In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
  • If you are an entrepreneur in the sense of § 14 BGB, the legal regulations apply with the following modifications:

- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

 You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch suffices to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.

 In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.

If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.

The warranty period is one year from delivery of the goods.

  • Article 10 Liability
  • Unlimited liability: We are liable without limitation for intent and gross negligence

negligence as well as in accordance with the product liability law. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.

  • The following limited liability shall apply in other respects: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, with whose

formation must typically be calculated. This

Limitation of liability also applies in favour of our vicarious agents.

  • 11 Copyright and rights of use
  • All digital contents provided by the seller are protected by copyright.
  • The customer acquires a simple, non-transferable, non-time-limited

Right of use exclusively for non-commercial use. The customer shall not be granted any rights of exploitation. In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right to

Reproduction (§ 16 UrhG) is limited to acts of reproduction that serve exclusively for personal use.

  • The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
  • The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
  • The Seller is entitled to personalize digital content made available for download with visible and invisible markings individually in order to enable the investigation and legal prosecution of the original purchaser in case of misuse.
  • In the event of unauthorised use of the digital content by the buyer or a third party, the buyer undertakes to pay a contractual penalty per infringement, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
  • Section 12 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We shall endeavour to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you the opportunity to participate in such a procedure.

  • Article 13 Final provisions
  • Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
  • German law is exclusively applicable to contracts between you and us, excluding the provisions of the United Nations

Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.

  • Are you a merchant, a legal person under public law or a public law entity

special assets, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: October 2018

Copyright: HÄRTING Lawyers, www.haerting.de, This email address is being protected from spambots. You need JavaScript enabled to view it.

Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

No thoughts on “General terms and conditions of business”

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